National Interest Waiver (NIW)

The National Interest Waiver (NIW) is part of the EB-2 (Employment-Based Second Preference) category and allows certain individuals to bypass the job offer and labor certification requirements typically associated with EB-2 petitions. This category is intended for individuals whose work is deemed to be in the national interest of the United States. Applicants can self-petition, meaning they do not need an employer to sponsor their application.

To qualify for an NIW, applicants must meet the standard EB-2 requirements, which include holding an advanced degree (master’s or higher) or demonstrating exceptional ability in the sciences, arts, or business. Additionally, the applicant must show that their work is of substantial merit and national importance and that waiving the job offer requirement would benefit the U.S.

The NIW process is governed by the Matter of Dhanasar precedent, which established the following three-prong test for determining eligibility:

• Substantial Merit and National Importance: The applicant must show that their proposed endeavor has substantial merit and national importance. This can apply to various fields, including business, science, technology, culture, or health. The work should address an issue of considerable significance or contribute to the U.S. economy, public health, or welfare.
• Well-Positioned to Advance the Proposed Endeavor: The applicant must demonstrate that they are well-positioned to advance their proposed endeavor. This requires showing a track record of success, relevant qualifications, and evidence that the applicant has the expertise, resources, or plans in place to continue contributing to their field in the U.S.
• Benefit to the U.S. Outweighs the Need for Labor Certification: The applicant must prove that it would be beneficial to waive the standard requirement of a job offer and labor certification, which normally protects U.S. workers. This involves showing that the national interest would be better served by allowing the applicant to pursue their work without needing to go through the labor certification process.

Our attorney has extensive experience in preparing National Interest Waiver petitions for individuals across a variety of industries. We work closely with clients to build strong, compelling cases by demonstrating the national impact of their work and crafting thorough legal arguments that highlight the importance of their contributions. Whether you are a researcher, entrepreneur, or professional in another field, we can help you navigate the NIW process and obtain permanent residence in the United States.