What Is the EB-2 NIW?
The EB-2 National Interest Waiver (NIW) is a green card path where you show that your work serves the national interest of the United States, without a job offer or labor certification.
Who Can Apply?
The EB-2 category is normally for people with an advanced degree (a master’s or doctorate, or a bachelor’s plus 5 years of experience) or exceptional ability in their field, and it normally requires employer sponsorship and a labor certification (PERM). The National Interest Waiver (NIW) removes those two requirements (a job offer and labor certification) if you can show that your work serves the U.S. national interest; you can file on your own behalf (self-petition).
What USCIS Evaluates: The Dhanasar Three-Prong Test
USCIS applies the three-prong test set out in Matter of Dhanasar . All three prongs must be met:
Before this test, you must also separately show that you meet the basic EB-2 requirement: an advanced degree or exceptional ability.
The Application Process, Step by Step
Eligibility Review
Clarify whether you meet the advanced degree or exceptional ability requirement and how national importance applies to your proposed endeavor.
Dhanasar Case and Visibility Support
Preparing recommendation letters, an endeavor plan and media and visibility evidence.
Preparing the I-140 Petition
Working with your immigration attorney to prepare and file the immigrant petition.
Filing and Follow-Up
Submitting to USCIS, tracking your priority date and monitoring the case throughout the process.
Frequently Asked Questions
Does the NIW require employer sponsorship?
No. As the name suggests, the National Interest Waiver removes the employer sponsorship and job offer requirement; you can apply on your own behalf.
What is the difference between EB-2 NIW and EB-1?
EB-1A requires a higher “extraordinary ability” standard; the EB-2 NIW focuses on the national-interest impact of your work and is generally considered somewhat more flexible.
Let’s Evaluate Your NIW Eligibility
Let’s talk about how you fit the Dhanasar test in a free 15-minute call.
Free AssessmentA practical guide to the O-1, EB-1 and EB-2 NIW talent visas.