National Interest Waiver

Self-petition for a green card if your work serves the national interest of the United States.

Overview

About This Visa

The National Interest Waiver (NIW) is a special pathway under the EB-2 immigrant visa category for foreign nationals with an advanced degree or exceptional ability to obtain a green card without employer-filed labor certification.

You can self-petition or have an employer file on your behalf. The NIW bypasses the PERM labor certification process, which can take many months and requires extensive employer documentation.

Under the Matter of Dhanasar framework, you must show that your work has substantial merit and national importance, that you are well-positioned to advance the work, and that it would benefit the U.S. to waive the job offer requirement.

The NIW lets you self-petition for a green card without employer sponsorship—if your work serves the national interest.

Eligibility

NIW Eligibility Requirements

You must hold an advanced degree (master's, Ph.D., or professional degree) or demonstrate exceptional ability. A bachelor's degree plus 5 years of progressive experience may be considered equivalent to an advanced degree.

  • Advanced degree or exceptional ability in your field

  • Work has substantial merit and national importance

  • Well-positioned to advance the proposed endeavor

  • Beneficial to the U.S. to waive the labor certification requirement

Process

The NIW Process

1

Build Your Case

Compile evidence demonstrating your qualifications, the merit of your work, and its national importance. Secure strong recommendation letters from independent experts.

2

File I-140 Petition

File the I-140 Immigrant Petition with USCIS. Premium processing is available for $2,500 with a 45-day response guarantee.

3

Wait for Priority Date

After I-140 approval, monitor the Visa Bulletin for your priority date to become current. EB-2 worldwide is backlogged; India and China face longer waits.

4

Adjustment of Status or Consular Processing

When your priority date is current, file I-485 to adjust status (if in the U.S.) or process an immigrant visa at a U.S. Consulate.

FAQs

Frequently Asked Questions

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