Green Card Through the National Interest Waiver (NIW): Who Qualifies and How to Apply
Author: Michael Ashoori
Reviewed by: Andrew Solis,esq
Introduction
The National Interest Waiver, commonly called the NIW, is an employment-based immigrant pathway that does not require a job offer or a labor certification. For professionals whose work benefits the United States broadly rather than a single employer, it can be a meaningful option worth understanding. This article explains what the National Interest Waiver is, the legal standard used to evaluate eligibility, and what the application process generally involves.
What Is the National Interest Waiver?
The National Interest Waiver is a provision within the EB-2 immigrant visa category, which is generally reserved for individuals with an advanced degree or its equivalent, or those who can demonstrate exceptional ability in their field. Ordinarily, EB-2 classification requires a job offer and a labor certification from the Department of Labor, followed by an employer-filed Form I-140.
The NIW permits USCIS to waive the job-offer and labor-certification requirements. It allows a person to self-petition, meaning no employer sponsor is required, based on the argument that their work serves the national interest of the United States. This makes it particularly relevant to researchers, entrepreneurs, and professionals with specialized skills whose contributions are not tied to a single job.
Internal Link: overview page for EB-2 immigrant visa category
Who Qualifies for an EB-2 NIW Green Card
To qualify for an EB-2 National Interest Waiver, a person must first qualify for the underlying EB-2 classification as an advanced-degree professional or person of exceptional ability, and must then satisfy the three-part National Interest Waiver standard. Eligibility for the waiver itself is generally assessed using the framework established by the Administrative Appeals Office in Matter of Dhanasar. This framework replaced an older test and remains the governing standard as of this writing.
| Step | Requirement |
|---|---|
| 1. Qualify for the underlying EB-2 classification | The person must qualify as an advanced-degree professional or a person of exceptional ability. |
| 2. Satisfy the National Interest Waiver standard | The person must satisfy the three-part National Interest Waiver standard established in Matter of Dhanasar. |
1. Substantial Merit and National Importance
The first prong generally requires that the individual’s proposed endeavor has both substantial merit and national importance.
Substantial merit can be shown across many fields, including:
- Business
- Science
- Technology
- Culture
- Health
- Education
It does not require the work to be groundbreaking on its own.
National importance typically focuses on the potential impact of the proposed endeavor rather than the applicant’s job title or industry generally.
2. Well Positioned to Advance the Proposed Endeavor
The second prong generally asks whether the individual is well positioned to advance the proposed endeavor.
Adjudicators typically look at:
- Education
- Skills
- A track record of success
- A specific plan of action
- Progress already made
No single factor is usually treated as decisive; the picture is assessed as a whole.
3. Benefit of Waiving the Usual Requirements
The third prong generally examines whether, on balance, it would benefit the United States to waive the job-offer and labor-certification requirements.
Relevant considerations may include:
- Whether it would be impractical to secure a job offer or labor certification
- Whether the United States would still benefit from the individual’s contributions even if qualified U.S. workers were otherwise available
- Whether the national interest in the proposed endeavor is sufficiently urgent to justify waiving the usual requirements
- Whether the proposed endeavor has the potential to create jobs or substantial economic activity
Because each of these prongs is fact-specific, general eligibility criteria like these describe what the law typically requires and are not a substitute for an individualized assessment of any particular person’s circumstances.
What the NIW Application Process Generally Involves
Step 1: Prepare the Petition and Supporting Evidence
An NIW case generally begins with the I-140 immigrant petition, filed with supporting evidence addressing all three Dhanasar prongs.
The supporting evidence may include:
- Documentation of the endeavor
- The applicant’s education and experience
- Progress already made
- Outside interest or support in the field
- Other relevant evidence tailored to the individual’s circumstances
- Reference letters from experts confirming the national importance and impact of the proposed endeavor
Step 2: Present the Applicant’s Background and Proposed Endeavor
Because the NIW is self-petitioned, the petition should thoroughly document and present:
- The applicant’s background
- The proposed endeavor
- The applicant’s plans
Step 3: USCIS Processes the I-140 Petition
Processing times for I-140 petitions vary and can be checked using current USCIS data.
Step 4: Apply for Permanent Residence
Approval of the I-140 petition is a separate step from obtaining permanent residence itself.
Depending on the applicant’s circumstances, the person may:
- Apply for adjustment of status if eligible and an immigrant visa is available; or
- Complete immigrant visa processing through a U.S. embassy or consulate abroad.
How Ashoori Law and Our Network Attorneys Can Help
Ashoori Law serves as the central point of entry for clients exploring the NIW pathway. During the initial consultation, you’re matched with an experienced immigration attorney who regularly handles your case type, drawn from our national network. That attorney, not Ashoori Law, serves as your attorney of record and is responsible for developing legal strategy, preparing your petition, and representing you throughout the process.
EB-2 NIW Package Comparison
| Package Feature | Standard Package | Premium Package |
|---|---|---|
| Starting Flat Fee | Starting at $8,500 | Starting at $10,750 |
| Government Filing Fees | Additional | Additional |
| Applicants Covered | Principal applicant and one dependent | Principal applicant and one dependent |
| Each Additional Dependent | $500 | $500 |
| Response to Request for Evidence (RFE) | Not specified in this article | Included |
| Response to Notice of Intent to Deny (NOID) | Not specified in this article | Included |
| Options in the Event of a Denial | Not specified in this article | The client may elect either one refiling at no additional legal fee (government filing fees still apply), or a partial refund, depending on the terms of the case. |
Our EB-2 NIW packages are offered as flat fees rather than open-ended hourly billing. Government filing fees are separate from package pricing.
Over 10 Years of Immigration Experience, on Average
Our network attorneys average over 10 years of immigration experience.
Based on active collaborating attorneys as of July 2026.
Experience figures reflect each attorney’s full career.
91% Overall Historical Approval Rate
We have a 91% approval rate across nearly 3,000 completed matters.
Overall Historical Approval Rate, All Case Types Combined.
Every case is different, and prior results do not guarantee a similar outcome.
Conclusion
The National Interest Waiver offers a potential path to permanent residence for individuals whose proposed endeavors have substantial merit and national importance, without requiring a job offer or labor certification. Qualifying generally depends on satisfying the three-part Dhanasar standard, and a well-documented petition should explain the applicant’s field, qualifications, proposed endeavor, and specific plans. If you believe your work may meet this standard, an initial consultation is a good next step to understand your options.
Schedule a consultation with Ashoori Law.
This article is for general informational purposes only and is not legal advice. Immigration laws and government policies change frequently. For advice about your specific situation, schedule a consultation.
Michael Ashoori, Esq.
President of Ashoori Law
I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.
Since starting my law firm, I’ve helped thousands of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.
Got a question? Send me an email.