The EB-2 National Interest Waiver (NIW) is a provision within the EB-2 visa category that allows foreign nationals to apply for a U.S. green card without needing a specific job offer or labor certification, provided they can demonstrate that their work is in the “national interest” of the United States. To qualify for the EB-2 NIW, applicants must have either an advanced degree (master’s or higher) or show exceptional ability in their field, such as science, technology, business, or the arts. They must also prove that their proposed work is of substantial merit and national importance, that they are well-positioned to advance their work, and that waiving the job offer and labor certification requirements benefits the U.S. Applicants typically provide evidence like recommendation letters, achievements, publications, and other documentation demonstrating the national significance of their contributions. The EB-2 NIW offers the benefit of bypassing the need for employer sponsorship, making it an attractive option for self-petitioners in fields with substantial impact on U.S. interests.

1. EB-2 NIW Eligibility Requirements
To qualify for the EB-2 National Interest Waiver (NIW), the applicant must meet several criteria:

•  Educational and Professional Qualifications
  Advanced Degree: The applicant must have at least a master’s degree or its equivalent, which could also be a bachelor’s degree plus at least five years of progressive experience in the field.

• Exceptional Ability: Alternatively, the applicant can demonstrate exceptional ability in their field. This is typically shown through a combination of education, training, and extensive experience, along with recognition in the field. Examples of evidence include professional awards, memberships in professional associations, and letters of recommendation from experts in the field.

• National Interest: The core requirement of the National Interest Waiver is proving that the applicant’s work is in the national interest of the United States. To do this, the applicant must demonstrate that:

• The proposed endeavor has substantial merit: This means the work must be important and relevant to U.S. interests, such as public health, education, scientific research, or technological advancements.

• The applicant is well-positioned to advance the endeavor: This means the applicant must show they have the qualifications, expertise, and resources necessary to succeed in their field and achieve the proposed work.

• It would benefit the U.S. to waive the job offer and labor certification requirements: The applicant must demonstrate that their work is so important to U.S. interests that it justifies bypassing the need for a formal job offer and the labor certification process, which is typically required for EB-2 applicants.

2. The National Interest Waiver Test
The U.S. Citizenship and Immigration Services (USCIS) uses a three-prong test to evaluate whether an applicant meets the requirements for the National Interest Waiver. This test was outlined in the Matter of Dhanasar decision (2016) and includes:

• The proposed endeavor has both substantial merit and national importance: The applicant’s work should address issues of broad national significance, such as advancing science, technology, public health, environmental protection, or economic development.
• The applicant is well-positioned to advance the proposed endeavor: The applicant must provide evidence of their ability to carry out the work, such as their academic background, professional accomplishments, research, or other indicators that show they are qualified.
• On balance, it benefits the United States to waive the job offer and labor certification requirements: The applicant must prove that granting the National Interest Waiver will benefit the U.S. by allowing the individual to work without the employer-specific and labor certification requirements.

3. Application Process for EB-2 NIW
The process of applying for an EB-2 NIW typically involves several key steps:

• Prepare Documentation: The applicant must gather supporting documents to demonstrate their qualifications, achievements, and the national importance of their work. This includes:

Letters of Recommendation from experts in the field (highlighting the applicant’s contributions).
Publications, patents, or conference presentations that show the applicant’s influence in their field.
Awards or recognition for achievements.

Detailed description of the proposed work and how it aligns with U.S. national interests.

• File Form I-140 (Immigrant Petition for Alien Worker): This is the petition form that applicants file with USCIS to seek approval for the EB-2 NIW. Unlike traditional EB-2 applicants, those filing for a National Interest Waiver do not need a job offer or a labor certification.
• Wait for USCIS Decision: After submitting the I-140 petition, applicants will wait for a decision from USCIS. If approved, the applicant can then proceed to the next steps (adjustment of status or consular processing).
• Adjustment of Status or Consular Processing: After the I-140 petition is approved, applicants can apply for a green card (permanent residency) through:

Adjustment of Status (AOS) if they are already in the U.S.
Consular Processing if they are outside the U.S., which involves applying for an immigrant visa at a U.S. embassy or consulate.

4. Benefits of the EB-2 NIW
The EB-2 NIW offers several advantages, especially for individuals who qualify under its unique provisions:

• No Employer Sponsorship: Unlike most employment-based immigration categories, the EB-2 NIW allows the applicant to self-petition, meaning they do not need a job offer or employer sponsorship.
• No Labor Certification: The labor certification process is a lengthy and costly procedure where the employer must prove that no qualified U.S. worker is available for the position. The National Interest Waiver exempts applicants from this process, making it faster and less complicated.
• Flexibility: Once granted, the applicant can work in any field related to their qualifications, as the NIW does not require a specific employer or job position.
• Path to U.S. Permanent Residency: Successful EB-2 NIW applicants can ultimately obtain a green card, which leads to permanent residency in the U.S. and eligibility for U.S. citizenship after a certain period.

Appeal Process: If the initial EB-2 NIW petition is denied, applicants can file an appeal or motion to reopen the case to present additional evidence.

5. Who Should Consider EB-2 NIW?

The EB-2 NIW is particularly suitable for individuals who:

Have an advanced degree or exceptional ability in their field (scientists, researchers, entrepreneurs, healthcare professionals, and others with highly specialized skills).
Work on projects or research that benefit U.S. national interests.
Want to self-petition without requiring a specific job offer or employer sponsorship.
Common fields where EB-2 NIW applicants are found include:

STEM fields (science, technology, engineering, mathematics).
Healthcare and medicine (doctors, public health experts).
Environmental science and climate change research.
Business and economics (entrepreneurs, business leaders contributing to U.S. economy).