How to Apply for a National Interest Waiver in the US

A National Interest Waiver (NIW) is a special immigration option available to individuals seeking a U.S. green card through the employment-based second preference (EB-2) category. Unlike other employment-based green cards, the NIW allows applicants to bypass the standard labor certification process, meaning they do not need a job offer or employer sponsorship. Instead, applicants must demonstrate that their work is in the national interest of the United States.

This guide provides a comprehensive overview of the National Interest Waiver, eligibility criteria, the application process, required documentation, and key strategies for a successful petition.

Understanding the National Interest Waiver (NIW)

The NIW is part of the EB-2 visa category, which is generally for professionals with advanced degrees (master’s or higher) or individuals with exceptional ability in their field. The distinguishing feature of the NIW is that it waives the labor certification requirement, allowing applicants to self-petition.

Advantages of the NIW

• No Job Offer Required – Unlike most employment-based green card applications, you do not need an employer to sponsor your petition.

• Bypasses the PERM Labor Certification Process – Saves time and effort compared to other employment-based green cards.

• Faster Path to a Green Card – Processing times vary, but in many cases, it is faster than other employment-based green card routes.

Who Should Consider Applying for an NIW?

• Researchers and scientists

• Entrepreneurs and business professionals

• Healthcare professionals

• Technology and engineering experts

• Educators and policy analysts

• Individuals working on projects with significant societal, economic, or technological impact

Eligibility Requirements for the National Interest Waiver

To qualify for an NIW, applicants must meet two main sets of requirements:

1. EB-2 Visa Eligibility Criteria

To qualify for the NIW, an applicant must first meet the basic EB-2 requirements, which means they must have:

A. An Advanced Degree OR Exceptional Ability

• Advanced Degree: A master’s degree (or higher) OR a bachelor’s degree with at least five years of progressive work experience.

• Exceptional Ability: A proven record of expertise and recognition in your field (even if you do not hold an advanced degree).

2. National Interest Waiver Criteria (Dhanasar Three-Prong Test)

In a landmark case (Matter of Dhanasar, 2016), the U.S. Citizenship and Immigration Services (USCIS) established a three-prong test for NIW applicants:

1. Substantial Merit and National Importance

   • Your work should have significant value and impact on the U.S. in fields such as science, technology, healthcare, business, education, or national security.

   • Research, innovation, economic contributions, or public health advancements typically qualify.

2. Well-Positioned to Advance the Proposed Endeavor

   • You must demonstrate that you have the necessary education, skills, experience, and resources to carry out your work successfully in the U.S.

   • Evidence includes past accomplishments, publications, leadership roles, and expert endorsements.

3. Balancing Test: Benefits to the U.S. Outweigh Need for Labor Certification

   • Your contributions should be significant enough that the U.S. government would benefit more from waiving the labor certification process.

   • This means proving that your work is uniquely beneficial, urgent, or fills a critical gap in the workforce.

Step-by-Step Application Process for the NIW

Step 1: Gather Required Documents

Before filing the petition, you need to prepare a strong case with supporting documents that prove your qualifications and contributions.

Personal Documents

• Passport

• Degree certificates and academic transcripts

• Resume or CV

Evidence of Eligibility (Advanced Degree or Exceptional Ability)

• Diplomas and transcripts

• Letters from employers verifying work experience

• Professional licenses or certifications

Evidence of National Interest

• Research publications, patents, citations, or conference presentations

• Letters of recommendation from experts in your field

• Awards or recognition for contributions

• Evidence of work benefiting the U.S. (e.g., economic impact, public health improvements)

Evidence of Being Well-Positioned to Advance Your Work

• Employment history and job offers (if applicable)

• Business plans or project proposals

• Proof of funding, grants, or contracts

• Media coverage or articles about your work

Step 2: Prepare and File Form I-140 (Immigrant Petition for Alien Worker)

The NIW petition is filed using Form I-140, which establishes your eligibility for an EB-2 green card.

Key Components of the I-140 Petition:

1. Petition Cover Letter – A detailed statement explaining why you qualify for the NIW, outlining how you meet the Dhanasar criteria.

2. Completed Form I-140 – The official application form for immigrant worker petitions.

3. Supporting Documents – All evidence of qualifications, national interest, and impact.

Step 3: Pay the Filing Fees

The I-140 filing fee is typically around $700. Premium processing (faster processing for an additional fee) may be available for NIW applicants starting in 2023-2024.

Step 4: Wait for USCIS Decision on I-140

USCIS will review your I-140 petition and may:

• Approve the petition – If your NIW is approved, you can proceed with filing for a green card.

• Request for Evidence (RFE) – If more documentation is needed, USCIS will issue an RFE, requiring you to provide additional proof.

• Deny the petition – If the case is weak, it may be denied, but applicants may appeal or refile with stronger evidence.

Step 5: Apply for Adjustment of Status or Consular Processing

Once the I-140 is approved, the next step depends on whether you are applying from within the U.S. or abroad.

Option 1: Adjustment of Status (Form I-485) – If in the U.S.

• File Form I-485 to adjust your status to permanent residency (green card holder).

• Processing time varies but can take several months.

• You may also apply for Employment Authorization (EAD) and Advance Parole (travel permit).

Option 2: Consular Processing – If Outside the U.S.

• If you are outside the U.S., you must go through consular processing by attending a visa interview at a U.S. embassy or consulate.

• The consulate will issue an immigrant visa, allowing you to enter the U.S. as a permanent resident.

Tips for a Strong NIW Application

1. Provide Clear and Convincing Evidence – The more detailed and well-documented your case, the higher your chances of approval.

2. Secure Strong Letters of Recommendation – Obtain support letters from recognized experts in your field to validate your work’s importance.

3. Show a Track Record of Success – Publications, patents, media mentions, and leadership roles strengthen your case.

4. Demonstrate a Future Impact – USCIS wants to see how your work will continue benefiting the U.S. in the future.

5. Be Prepared for an RFE (Request for Evidence) – If USCIS asks for more documentation, respond quickly and thoroughly.

Conclusion

The National Interest Waiver (NIW) provides an incredible opportunity for highly skilled professionals to secure a U.S. green card without employer sponsorship. By demonstrating that your work benefits the United States in a substantial way, you can bypass traditional labor certification requirements and gain permanent residency more efficiently.

While the application process requires careful documentation and a well-prepared case, a successful NIW petition can open the door to long-term opportunities in the U.S. If you meet the eligibility criteria, gathering strong evidence and crafting a compelling petition will significantly increase your chances of approval.