What is EB-2 NIW
EB-2 NIW (National Interest Waiver) is a category in which the US “waives” the job offer and labor certification requirements because your work is in the national interest. Like EB-1A, it is a self-petition: you file it without an employer.
Basic requirements
First, you must qualify for the EB-2 category — that is, have one of the following:
- An advanced degree (master’s or higher) — or a bachelor’s degree plus at least 5 years of progressive experience in the profession;
- Exceptional ability — supported by at least 3 of the 6 regulatory criteria.
The three Matter of Dhanasar prongs
To grant an NIW, the USCIS officer evaluates the case under the three prongs of the Matter of Dhanasar precedent:
- Substantial merit and national importance of your proposed endeavor in the US.
- You are well positioned to advance it — education, experience, achievements, a plan and progress.
- On balance, it would benefit the US to waive the job offer and PERM requirements in your case.
The most important part of an NIW is a clearly and convincingly defined proposed endeavor. This is where applicants most often go wrong: wording that is too general or a plan not backed by evidence.
Who it is for
- IT professionals, engineers, scientists and researchers
- Physicians and healthcare professionals
- Entrepreneurs with innovative projects
- Professionals in energy, education, finance, cybersecurity and other fields important to the US
How we work on EB-2 NIW
- Profile assessment and a check of basic EB-2 eligibility.
- Defining the proposed endeavor — specific, realistic and important to the US.
- Evidence for each of the three Dhanasar prongs.
- Individual PR that strengthens your expertise in the public sphere.
- Recommendation letters, a business or professional plan, the final package and filing.
Frequently asked questions
How is EB-2 NIW different from EB-1A?
EB-1A requires proving that you are at the very top of your field. NIW focuses on how important your future work is to the US and requires an advanced degree or exceptional ability. For many professionals, NIW is the more realistic path.
Do I need a job offer?
No. The whole point of the National Interest Waiver is to waive the job offer and PERM labor certification requirements.
Is Premium Processing available?
Yes, expedited review for an additional government fee is available for the I-140 petition in the EB-2 NIW category.
How long does preparation take?
About 5 months on average from the first consultation to a ready case. The wait for a Green Card after approval depends on visa backlogs (Visa Bulletin) and your country of birth.
The information on this page is general in nature and is not legal advice. Veritas Immigration is a consulting company, not a law firm. Decisions on petitions are made by USCIS; no outcome is guaranteed.