National Interest Waiver
Self-petition for a green card if your work serves the national interest of the United States.
About This Visa
The National Interest Waiver (NIW) is a pathway within the EB-2 immigrant visa category that lets foreign nationals self-petition for a green card without an employer-filed PERM labor certification. Either an employer or the beneficiary can file Form I-140; PERM is waived if the proposed endeavor serves the U.S. national interest under the controlling framework.
Matter of Dhanasar (AAO 2016) sets the three-prong test: (1) the proposed endeavor has substantial merit and national importance; (2) the petitioner is well-positioned to advance it; and (3) on balance, it would benefit the U.S. to waive the job-offer and labor-certification requirements. USCIS issued additional policy guidance in January 2022 elaborating on STEM endeavors and again in January 2025 with refined direction on entrepreneurs and on advanced-degree STEM petitioners working in areas of national priority (including AI and critical and emerging technologies). The 2025 update is the most consequential NIW policy shift in years.
At Locke Immigration Law, every NIW case is built around a specific proposed endeavor and an evidentiary record that maps directly onto the three Dhanasar prongs. We treat the second and third prongs—where most NIW petitions are weakest—as drafting priorities, not afterthoughts. Recommendation letters are sourced from independent experts because adjudicators discount letters from collaborators and personal contacts. We do not file template petitions, and where the Dhanasar fit is borderline, we evaluate EB-1A and EB-2 with PERM as alternatives before recommending NIW.
The NIW waives the PERM labor-certification requirement and allows self-petitioning—the rare green-card path that needs neither an employer sponsor nor a job offer. The merit bar is real; the gating constraint is Dhanasar fit, not raw credentials.
EB-2 green-card backlog, by country
Final Action Dates — the queue an NIW (EB-2) petition joins
Locke Immigration Law estimate: an India-born applicant filing an EB-2 petition (including a national interest waiver) today sits behind roughly 692,658 people. At recent visa-supply rates that implies a wait on the order of 53–169 years — decades to a lifetime. This is a firm estimate derived from USCIS approved-petition backlog counts (Sep 2025) and State Dept annual visa supply, not a published date; it assumes today’s supply and backlog hold.
Because a national interest waiver is an EB-2 petition, an NIW applicant inherits the EB-2 backlog above. Worldwide EB-2 tracks close to current, but India- and China-born petitioners face the multi-year — for India, multi-decade — waits shown. If your evidence can also support EB-1A (extraordinary ability) or EB-1B, that category rides years ahead.
Source: U.S. State Dept Visa Bulletin (travel.state.gov), Final Action Dates. “Current” is plotted at the filing month; “Unavailable” periods are drawn as gaps. Educational, not legal advice — check the current bulletin. Data as of 2026-05-29.
NIW Eligibility Under Dhanasar
The petitioner must first qualify for EB-2—either by holding a U.S. advanced degree (master's, Ph.D., or professional degree) or its equivalent (bachelor's plus five years of progressive post-baccalaureate experience), or by demonstrating exceptional ability under the EB-2 regulations. Once EB-2 eligibility is established, the three-prong Dhanasar analysis controls whether the labor-certification requirement is waived.
Advanced degree (or qualifying equivalent) or exceptional ability under 8 C.F.R. § 204.5(k)
Prong 1: The proposed endeavor has both substantial merit and national importance
Prong 2: The petitioner is well-positioned to advance the proposed endeavor (education, skills, record of success, plan, financing or interest from end users)
Prong 3: On balance, it benefits the U.S. to waive the job-offer and PERM labor-certification requirements
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Schedule a ConsultationThe NIW Process
Define the Proposed Endeavor
We define the specific proposed endeavor in writing before drafting begins. Vague or generic endeavor framing is the single most common Dhanasar weakness—petitions that describe a person's profession rather than a specific endeavor routinely fail prong 1's national-importance analysis.
Build the Three-Prong Record
We assemble independent recommendation letters, evidence of past achievements, evidence of national importance (impact metrics, adoption, citations, end-user interest), and—critical for prong 3—evidence that requiring labor certification would impair the national interest. Where USCIS's 2025 policy applies (STEM in priority areas, entrepreneurs), we frame the petition explicitly within the controlling guidance.
File Form I-140
We file Form I-140 with USCIS. Premium processing is available for $2,965 with a 45-business-day response. The petition is filed with the petition brief, exhibits, recommendation letters, and a complete index. RFEs are common at prong 3 and we prepare for them in the initial filing.
Adjustment of Status or Consular Processing
After I-140 approval and when the EB-2 priority date is current under the visa bulletin, the petitioner files Form I-485 to adjust status if in the U.S., or processes the immigrant visa at a U.S. consulate abroad. EB-2 worldwide is generally backlogged; India- and China-born petitioners face significantly longer waits.
Fortune 500 counsel, working directly on your case
Loren Locke
Managing Attorney
Partner-level immigration counsel to Fortune 500 employers at a national firm — and before that, a U.S. diplomat who decided some 12,000 visa applications at the consulate window.
“By far the best immigration lawyer I have ever worked with. Loren was honest and realistic, went above and beyond what I would expect a lawyer's role to be, and has a willingness to do what it takes to help her clients.”
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Frequently Asked Questions
Received a Request for Evidence? The RFE Encyclopedia decodes the stock phrases USCIS uses →
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Immigration counsel to Fortune 500 employers at a national firm · Adjudicated 12,000+ visas at the U.S. Consulate, Mexico · Working in U.S. immigration since 2008
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