EB-2 National Interest Waiver (NIW)
A National Interest Waiver (NIW) is a special subcategory of the EB-2 employment-based immigrant visa. It allows individuals with advanced degrees or exceptional abilities to apply for permanent residency without going through the labor certification process. This path is ideal for professionals whose work serves the national interest of the United States.
Benefits of a National Interest Waiver
The NIW offers several advantages that make it a desirable immigration route for high-achieving professionals:
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No employer sponsorship required – applicants can self-petition.
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No need for a specific job offer – petitions can be based on future work plans.
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Faster process – bypassing labor certification reduces overall processing time.
If your work positively impacts the U.S. economy, public health, education, or other key sectors, the NIW could provide a strong pathway to a green card.
NIW Eligibility Requirements
To qualify for a National Interest Waiver, you must meet specific criteria under immigration law. These include both academic or professional qualifications and proof of your contribution to the national interest:
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You must have an advanced degree (Master’s, Ph.D., or the equivalent), or a Bachelor’s degree plus at least five years of progressive work experience in your field.
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You must demonstrate exceptional ability or significant expertise in your profession.
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You must show that your proposed work has national importance and substantial merit.
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You must prove that waiving the labor certification process would benefit the United States.
Evidence of Exceptional Ability
To meet the exceptional ability standard, you must provide evidence satisfying at least three of the following:
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Official academic records showing degrees or certifications in your field.
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Letters verifying ten or more years of full-time experience.
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A license or certification to practice your profession.
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Documentation of a high salary or compensation compared to others in your field.
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Membership in professional associations that require achievement.
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Recognition from peers or government entities for your contributions and success.
USCIS Three-Prong Test for NIW Approval
U.S. Citizenship and Immigration Services (USCIS) evaluates NIW petitions using a three-prong test:
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The proposed endeavor must have substantial merit and national importance.
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The applicant must be well-positioned to advance the proposed endeavor.
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On balance, it must benefit the United States to waive the labor certification requirement.
This analysis focuses not only on the applicant’s qualifications, but also on how their work aligns with the country’s long-term priorities.
Ready to Take the Next Step?
If you believe your professional expertise and goals align with the national interest of the United States, the National Interest Waiver could be the best path forward. Our legal team is ready to help you evaluate your eligibility and prepare a strong petition.
