National Interest Waiver Eligibility and Requirements
Introduction
The national interest waiver (NIW) is a powerful option for certain highly qualified people to get a green card to the United States through self-petition. With an approved national interest waiver, someone can get a green card without having a job offer.
In this guide, I will explain what you need to know about the national interest waiver. If you have any questions, feel free to email me directly at contact@ashoorilaw.com. I’m very responsive via email and I would be happy to help you.
What is the EB-2 National Interest Waiver?
The EB-2 National Interest Waiver, often called the NIW, is a green card option for certain professionals whose work may benefit the United States. It falls under the EB-2 immigrant visa category and may allow a qualified person to seek permanent residence without needing a specific job offer or going through the labor certification process.
Because NIW eligibility depends on both the underlying EB-2 requirements and the NIW legal standard, the case must be carefully prepared.
A strong NIW petition often includes detailed evidence showing the applicant’s qualifications, the importance of the proposed endeavor, and why waiving the job offer and labor certification requirements would be beneficial.
Overview of the National Interest Waiver
The process of getting an employer-sponsored green card to the United States is usually a long and difficult process. In most cases, the U.S. company must show that they tried to hire a U.S. worker and that they were unable to do so.
The company is required to:
- Post ads
- Interview candidates
- Get approval from the U.S. Department of Labor to be able to hire a foreign worker
This process can get very complicated, time-consuming, and expensive. Therefore, many employers are unwilling to sponsor foreign workers for a green card.
The good news is that there are certain options to apply for a green card through self-petition. This means that you can apply for your green card without a job offer from a U.S. company and without a sponsor, similar to other self-petition green card options.
One of these options is called the National Interest Waiver (NIW).
The national interest waiver is available under the EB-2 immigrant category and relates to waiving certain job offer and labor certification requirements.
With the NIW, certain people with skills and abilities in the field of science, arts, business, and/or certain other professions may self-petition for a green card.
Through the EB-2 National Interest Waiver, the requirements of a full-time job offer and labor certification are waived.
| National Interest Waiver vs. Traditional Employer-Sponsored Green Card | |
|---|---|
| Traditional Employer-Sponsored Green Card | National Interest Waiver |
| Usually requires a U.S. employer sponsor | May allow self-petition |
| Usually requires labor certification | Labor certification may be waived |
| Employer may need to recruit and test the labor market | No labor certification recruitment process |
| Process can be long, complicated, and expensive | May be a more direct path for qualified applicants |
Benefits of NIW
I. Ability to Self-Petition
One of the primary benefits of EB-2 NIW is the ability to self-petition for your green card.
Through the national interest waiver, you do not need to go through the hassle of finding a U.S. employer that is willing to sponsor your immigrant petition. Additionally, you can avoid the labor certification process altogether.
Key Benefits of a National Interest Waiver
- You may be able to self-petition for a green card.
- You may avoid the labor certification process.
- This can make the process more direct than a traditional employer-sponsored green card case.
II. Speed
Another potential benefit of the national interest waiver is that it may be faster than a PERM-based process because labor certification is not required.
Through a traditional employer-sponsored green card, the process can be very long. The employer has to undergo various recruitment activities and must also obtain an approved labor certification from the Department of Labor. This process alone can take several months to complete.
However, the benefit of the EB2 national interest waiver is that there is no need to go through the labor certification process. You can file your immigrant petition directly, which saves a tremendous amount of time.
National Interest Waiver Requirements
There are 4 main requirements to qualify for EB2 NIW:
- You must qualify under the EB2 immigrant category
- Your proposed endeavor in the U.S. must have substantial merit and national importance
- You must be well positioned to advance the proposed endeavor
- You must show that, on balance, it would be beneficial to the United States to waive the requirement that you have a job offer and that a U.S. company undergo the labor certification process.
Reviewing them carefully will help you better understand the NIW requirements.
1. Must Qualify Under the EB2 Immigrant Category
The EB-2 National Interest Waiver is a provision available under the EB-2 immigrant category.
Basically, NIW adds additional requirements on top of the EB-2 requirements. Therefore, in order to qualify for a national interest waiver, you must first qualify under EB2.
There are 2 ways that you can qualify under the EB2 category:
- As an advanced degree professional
- As an individual of exceptional ability
| Two Ways to Qualify Under EB-2 | |
|---|---|
| EB-2 Pathway | Requirements |
| Advanced Degree Professional | The field you plan to work in must require an advanced degree, and you must either have an advanced degree or a bachelor’s degree with 5 years of progressive work experience in the field you plan to work in. |
| Exceptional Ability |
You must satisfy at least 3 of the following criteria:
|
2. Proposed Endeavor in the U.S. Must Have Substantial Merit and National Importance
To qualify for a national interest waiver, you must demonstrate that your proposed endeavor has both substantial merit and national importance. It is very important to clearly demonstrate that both of these prongs are satisfied.
Important
For an NIW case, it is important to show that the proposed endeavor has both substantial merit and national importance.
Substantial Merit
Substantial merit means that the work that you will be engaging in, while in the U.S., is in a field that is valuable to the United States.
The evidence of substantial merit should focus on the specific endeavor that you will be focusing on. For example, if you are a specialist in pediatric orthopedic surgery, you should define the endeavor as pediatric orthopedic surgery rather than “medicine” or “surgery.”
You may show substantial merit in many different industries such as:
- Science
- Technology
- Entrepreneurialism
- Culture
- Health
- Business
- Education
National Importance
When determining whether your endeavor has national importance, USCIS considers the potential prospective impact and looks for evidence of the following:
- Does your endeavor have national or even global implications within your particular field?
- Does your endeavor have significant potential to employ U.S. workers, or does it have other substantial positive economic effects?
Regarding national importance, it is important to know that USCIS is not so much focused on the geographic impact of your endeavor, even people who will work in an area with local or regional impact may qualify for EB2 NIW.
3. Must Be Well Positioned to Advance the Proposed Endeavor
|
Summary |
|
|---|---|
| Substantial Merit | National Importance |
|
|
To qualify for a national interest waiver, you must demonstrate that you are well positioned to advance the proposed endeavor under the NIW standard.
When determining whether you satisfy this requirement, USCIS is looking to see your potential to contribute to the national interest based on your prospective work in the field.
Here are some factors USCIS uses to determine whether you satisfy this requirement:
- Education
- Skills
- Knowledge
- Record of success in related or similar efforts
- Model or plan for future activities
- Any progress towards achieving your proposed endeavor
- Interest from potential customers, users, investors, or other relevant entities or individuals
To satisfy this requirement, you are not required to show that it is more likely than not that you will be successful. Rather, you must show how you are qualified to pursue a successful result.
You must show how you are qualified to pursue a successful result.
4. Must Show that, on Balance, It Would Be Beneficial to the United States to Waive the Requirements of a Job Offer and Thus of a Labor Certification
When determining whether or not you satisfy this requirement, USCIS weighs the following factors as part of the overall NIW analysis:
- Whether it would be impractical for you to secure a job offer
- Whether it would be impractical for your prospective employer to obtain a labor certification
- Whether, even if other qualified U.S. workers are available, the U.S. would still benefit from your contributions
- Whether the national interest in your contributions is sufficiently urgent to warrant forgoing the labor certification process.
In each case, USCIS weighs all of these factors together using the balancing test to determine whether it would be beneficial to waive the requirements of a job offer and thus of a labor certification.
Balancing Test
USCIS weighs multiple factors together to determine whether it would be beneficial to waive the job offer and labor certification requirements.
Required Documents to Apply for a National Interest Waiver
There are many different types of documents that should be included in your application for a national interest waiver to support the NIW requirements in your case. The documents that you will include will depend on the specific circumstances of your case.
Here is a general list of some of the documents that may be included:
- Copies of your educational degrees
- Evidence of exceptional ability (if applicable)
- Curriculum Vitae (CV)
- Citation report
- Link to Google Scholar profile
- Publications, articles, books that you have authored
- Evidence of prizes or awards that you have received
- Evidence that you have reviewed the work of others
- Published material about you/your field of endeavor
- Evidence of the receipt of grants/patents
- Copy of the biographic page of your passport
- Testimonials from experts in your field
Before making any decisions regarding what documents to submit with your case, it is important to consult with an experienced immigration lawyer.
National Interest Waiver Process
NIW Process Overview
- Consult with an immigration lawyer.
- File Form I-140 with USCIS.
- Proceed through either adjustment of status or immigrant visa processing, depending on your case.
Step 1. Consult with an Immigrant Lawyer
The first step in the NIW process is to consult with an experienced immigration lawyer who can explain the NIW requirements as they apply to your situation. It is important to consult with an immigration lawyer for the following reasons:
- An experienced immigration lawyer can review your credentials and provide you with an analysis regarding the likelihood of approval of your case.
- An immigration lawyer can review your background and immigration history to determine whether there may be a better option for you to get your green card.
- Applying for a national interest waiver can be extremely complicated. Each NIW case requires a detailed strategy for how to prove that you satisfy each of the NIW requirements and properly address the NIW meaning in your petition. An experienced immigration lawyer will help you develop a strategy for successfully applying for your EB-2 national interest waiver.
Step 2. File Form I-140 with USCIS
The Form I-140 is also called the Immigrant Petition for Alien Worker and is the primary form used to establish eligibility under EB-2 NIW. This is the initial petition filed with USCIS to seek classification under EB-2 NIW.
Because NIW waives the job offer and labor certification requirement, NIW petitions generally do not include a PERM labor certification (Form ETA-9089).
Along with the Form I-140, your immigration lawyer will prepare a detailed cover letter explaining your case, your eligibility, and how your background satisfies the NIW meaning.
In addition, all of the documentation in support of your eligibility for a national interest waiver will also be included with the Form I-140.
Step 3. Either Adjustment of Status or Visa Processing
If a visa number is available and you are otherwise eligible, the next step may be to file for adjustment of status in the United States or to undergo immigrant visa processing abroad. Each of these options is different. In some cases, Form I-485 may be filed concurrently with Form I-140.
Adjustment of Status
An adjustment of status is when someone “adjusts” from a non-immigrant status to lawful permanent resident status.
In many cases, to apply for adjustment of status, you must be in the United States after a lawful admission or parole and otherwise be eligible to adjust status. Whether a status violation prevents adjustment can depend on the facts and on any applicable exceptions.
An adjustment of status is done by filing a Form I-485 with USCIS. The process takes place within the United States (no need to leave the U.S.) If the priority date is current at the time of filing the Form I-140, you may concurrently file the Form I-485 adjustment of status along with the I-140.
Immigrant Visa Processing
Immigrant visa processing is when someone applies for an immigrant visa at a consulate or embassy outside of the United States
Immigrant visa processing is typically done when someone is outside the United States or is otherwise not eligible to adjust status in the United States. If someone has unlawful presence or other inadmissibility issues, additional complications may apply.
Immigrant visa processing is done by electronically filing a DS-260 with the Department of State
As part of the process of immigrant visa processing, you must attend a visa interview at a consulate abroad
Following successful completion of the interview, your immigrant visa is typically issued after the consulate completes any remaining processing, which may take anywhere from a few days to longer depending on the specific case and post.
|
Adjustment of Status vs. Immigrant Visa Processing |
|
|---|---|
| Adjustment of Status | Immigrant Visa Processing |
| Done from within the United States | Done through a consulate or embassy outside the United States |
| Filed with Form I-485 | Filed with Form DS-260 |
| No need to leave the U.S. for the process itself | Requires a visa interview at a consulate abroad |
| May be filed concurrently with Form I-140 if eligible and if a visa number is available | Typically used when the person will process for an immigrant visa abroad |
Once you enter the U.S. on your immigrant visa, you are officially a U.S. lawful permanent resident.
Examples of Successful NIW Cases
Examples of successful NIW cases can involve many different professional backgrounds and industries.
What matters is not only the field itself, but whether the person’s proposed endeavor has substantial merit and national importance, whether the person is well positioned to advance that endeavor, and whether it would be beneficial to waive the job offer and labor certification requirements.
NIW cases may be successful in fields such as:
| Type of Applicant | Examples Described in the Section |
|---|---|
| Researchers | Working in science, medicine, engineering, or technology |
| Entrepreneurs | Building businesses with potential economic or social impact |
| Physicians | Working in areas that improve healthcare access or outcomes |
| Other professionals | Working in education, public health, energy, national security, or other important sectors |
| Applicants with broader impact | Work that may create jobs, support innovation, or address important national needs |
As every NIW case is fact-specific, one person’s approval does not guarantee another person’s result. The strength of an NIW petition often depends on how clearly the case is documented and how well the evidence supports each part of the legal standard.
Every NIW case is fact-specific. A person’s field alone does not determine whether the case will be approved. The strength of the petition often depends on how clearly the evidence supports each part of the legal standard.
Common Reasons NIW Petitions Get Denied
Although the NIW category can be a strong option for many professionals, petitions may be denied when the evidence does not clearly satisfy the legal standard.
In many cases, denials happen because the case is not presented with enough detail or because the documentation does not directly address the key NIW requirements.
NIW petitions may be denied when the evidence does not clearly address the legal standard or when the case is not presented in a clear and well-supported way.
Some common reasons NIW petitions may be denied include:
| Issue |
Circumstance |
|---|---|
| National importance | Failure to show that the proposed endeavor has national importance |
| Position to advance endeavor | Insufficient evidence that the applicant is well positioned to advance the proposed endeavor |
| EB-2 eligibility | Weak explanation of how the applicant qualifies under the EB-2 category |
| Recommendation letters | General or unsupported recommendation letters |
| Broader U.S. benefit | Lack of documentation connecting the applicant’s work to broader U.S. benefit |
| Case presentation | Inconsistent evidence or unclear case strategy |
Because NIW cases are highly evidence-driven, even a qualified applicant may face problems if the petition is not carefully organized and clearly explained.
How to Strengthen Your NIW Case
A strong NIW petition is usually built on clear legal analysis and well-organized evidence. It is important not only to provide documents, but also to make sure the documents work together to show why the case meets the NIW standard.
There are several ways an applicant may strengthen an NIW case, including:
- Clearly define the proposed endeavor.
- Show how the work has broader importance beyond one employer or one local area.
- Provide documentation of education, experience, achievements, and past success.
- Submit strong recommendation letters from credible experts.
- Include evidence of publications, citations, awards, media coverage, patents, grants, or other recognition where applicable.
- Present a clear explanation of why waiving the job offer and labor certification requirements would benefit the United States.
USCIS reviews the totality of the evidence. Hence, the presentation of the case can be just as important as the documents themselves. A well-prepared petition should be organized, consistent, and directly tied to the legal requirements.
Best Practice
A strong NIW petition should not only include supporting documents. The documents should also work together to clearly show why the case meets the NIW standard.
National Interest Waiver Fees
Important Fee Reminder
USCIS filing fees and any required surcharges can change. Always confirm the latest amounts and whether additional fees apply (including any Asylum Program Fee where applicable) using the official USCIS fee schedule and form instructions before filing.
USCIS filing fees for each step of the EB-2 NIW process change from time to time. Before filing, you should always confirm the latest fees directly with USCIS. As of now, the key fees you should check are:
- Filing fee for Form I-140 (Immigrant Petition for Alien Worker)
- Filing fee for Form I-485 (Application to Register Permanent Residence or Adjust Status), if you are adjusting status in the United States
Premium processing for Form I-140 is available for many EB-2 NIW petitions, but it only applies to the I-140 adjudication and does not speed up visa number availability or I-485/consular processing.
USCIS sets a specific adjudication timeframe for NIW premium processing. For eligible NIW I-140 filings, premium processing generally provides qualifying action within the applicable premium-processing timeframe (often up to 45 business days), subject to USCIS rules and updates. Because the premium processing fee amount and rules are subject to change, you should always confirm current eligibility, fee, and processing-time commitments on the official USCIS Premium Processing page before requesting it.
You can find the current fee amounts and any separate surcharges on the official USCIS Filing Fees page and on the form instructions.
National Interest Waiver Processing Time
Processing Time Note
NIW processing times vary based on factors such as USCIS workload, visa availability, consular backlogs, and the details of your case. The timelines discussed on this page are general and are not guarantees.
The overall processing time to receive your green card through EB-2 NIW will depend on multiple factors. Please see below for the different scenarios.
Concurrent Filing of Form I-140 and Form I-485 (Adjustment of Status)
If you are lawfully present in the U.S. in a valid non-immigrant status, and if a visa number is available, you may be eligible to concurrently file your Form I-140 and Form I-485. In that situation, USCIS will first process your applications for work authorization (EAD) and travel permission (advance parole), and then your green card application.
Processing times can vary widely and may change based on USCIS workload and policy. Check the USCIS ‘Check Case Processing Times’ tool and the Department of State Visa Bulletin for current estimates.
Immigrant Visa Processing with Current Priority Date
If you are not lawfully present in the U.S. and will be doing immigrant visa processing, you will first have to file the I-140 with USCIS. Once the I-140 is approved, you can then undergo immigrant visa processing.
Processing times for the Form I-140 and consular processing vary widely and change over time. In many cases, these stages together can take more than a year, depending on USCIS workload and consular backlogs. You should refer to USCIS processing times and the Visa Bulletin for current estimates.”
Because these timeframes are dynamic and depend on consular backlogs, USCIS workload, and your country of chargeability, you should rely on the USCIS ‘Check Case Processing Times’ tool and the Department of State Visa Bulletin for the most current estimates rather than any fixed month-range.
Priority Date Note Current (Visa Backlog)
For countries or chargeability areas that are oversubscribed in the EB-2 category, there may be visa retrogression (a visa backlog). Which countries are oversubscribed can change over time, so you should check the current Visa Bulletin.
What this means is that, for certain countries or chargeability areas, there may be a waiting list for people to get a visa under the EB-2 category.
If you were born in a country that has a visa backlog, once your I-140 petition is approved, you will have to wait for a visa number to become available (wait for your priority date to become current) before you can apply for your immigrant visa or adjustment of status. If this applies to you, the total time it takes to get your green card can be many years.
Why Do You Need an Immigration Lawyer for NIW?
Although the NIW process may appear straightforward, many petitions are denied because the case does not clearly address the legal standard or does not include strong enough supporting evidence.
Because NIW cases involve specific legal requirements and detailed documentation, working with an experienced immigration lawyer can help ensure that the petition is properly prepared.
An immigration lawyer can assist with several aspects of the NIW process, including evaluating eligibility, preparing documentation, and helping present the case in a clear and organized way.
Evaluating Eligibility
An immigration lawyer can review your background, proposed endeavor, and supporting evidence to determine whether NIW may be a good fit. This step is important because NIW eligibility depends on both the EB-2 requirements and the separate NIW standard.
A lawyer can assist by:
- Reviewing whether you may qualify under the EB-2 category
- Evaluating whether your proposed endeavor may have substantial merit and national importance
- Assessing whether the evidence shows that you are well positioned to advance the proposed endeavor
- Identifying potential weaknesses in the case before filing
Preparing a Strong NIW Petition
An NIW petition often requires more than submitting degrees, resumes, and recommendation letters. The case should clearly explain how the evidence supports each part of the NIW standard.
A lawyer may assist with:
- Preparing the legal support letter or petition letter
- Organizing evidence in a clear and strategic way
- Drafting or reviewing recommendation letters
- Explaining how your qualifications and work support the NIW case
Organizing Supporting Documentation
NIW applicants often submit documentation showing education, professional achievements, work history, publications, citations, awards, media coverage, or other evidence relevant to the petition. Properly organizing these materials can help strengthen the NIW case.
An immigration lawyer can help by:
- Reviewing documents that support EB-2 eligibility
- Organizing evidence of past achievements and experience
- Preparing supporting evidence relevant to the NIW standard
Avoiding Common NIW Mistakes
Even strong candidates can face problems if the petition is not properly documented. Issues such as weak recommendation letters, insufficient evidence of national importance, or failure to clearly connect the evidence to the legal standard may create problems during review.
Working with an immigration lawyer can help reduce these risks and improve the chances that the NIW petition is properly prepared before submission.
An immigration lawyer can help avoid issues such as:
- Insufficient evidence of national importance
- Weak documentation of past achievements
- Letters that are too general or not persuasive
- Failure to connect the evidence to the NIW legal standard
Ongoing Support Beyond the I-140 Petition
We assist with NIW filings and related immigration planning, including adjustment of status, immigrant visa processing, and long-term immigration strategy where appropriate.
Working with an experienced immigration lawyer can help ensure that your petition is properly prepared and submitted with attention to detail.
Speak With an Immigration Lawyer Today
How Our Immigration Lawyers May Help
An NIW case often requires careful legal analysis, strong documentation, and a clear explanation of how the applicant meets the legal standard.
At Ashoori Law, we work with professionals to help prepare NIW petitions that are
- Clear
- Well-documented
- Aligned with immigration requirements
Our legal team assists with evaluating whether NIW is the right immigration path, identifying the strongest evidence for the case, and preparing filings that clearly address the NIW requirements.
We help clients with:
- NIW eligibility analysis
- Reviewing whether the applicant qualifies under EB-2
- Defining and presenting the proposed endeavor
- Preparing legal support letters for NIW filings
- Organizing supporting documentation
- Reviewing recommendation letters
- Planning for adjustment of status or immigrant visa processing where appropriate
Because NIW cases can be highly fact-specific, careful preparation is important. Our goal is to help clients present a clear and well-supported case from the start.
Meet Our Immigration Lawyer: Michael Ashoori
Michael Ashoori is a U.S. immigration lawyer and the founder of Ashoori Law, an immigration law firm based in Los Angeles, California. Through Ashoori Law, he works with a team of experienced legal professionals to assist individuals and companies navigating the U.S. immigration system, including individuals seeking employment-based green cards and long-term immigration solutions.
Michael Ashoori and the legal team at Ashoori Law regularly assist professionals pursuing employment-based immigration options, including National Interest Waiver cases. Because NIW petitions often require careful preparation of documentation, strong supporting evidence, and clear presentation of the legal standard, many professionals choose to work with an immigration lawyer to help ensure that the petition is properly prepared.
Through Ashoori Law, our legal team help clients with several aspects of the NIW process, including:
- Determining whether an applicant may qualify under EB-2
- Evaluating whether NIW may be an appropriate immigration strategy
- Reviewing the proposed endeavor and supporting evidence
- Preparing and organizing NIW petition filings
- Reviewing recommendation letters and supporting documentation
- Assisting with adjustment of status or immigrant visa processing where appropriate
NIW cases often involve technical immigration requirements and detailed documentation. Working with an experienced immigration lawyer can help ensure that the case is properly prepared, submitted, and aligned with NIW requirements.
Why Choose Ashoori Law for Your NIW Case
Applying for a National Interest Waiver may seem straightforward, but many cases are weakened by issues such as unclear case strategy, insufficient evidence, weak recommendation letters, or failure to directly address the NIW legal standard. These issues can often be reduced through proper legal guidance.
At Ashoori Law, we work with professionals to help prepare NIW petitions that are
- Clear
- Well-documented
- Aligned with immigration requirements
Contact Our Immigration Lawyer
If you are considering applying for a National Interest Waiver, it is important to ensure that your case is properly prepared. NIW cases involve specific requirements related to EB-2 eligibility, the proposed endeavor, and the evidence used to support the petition.
Ashoori Law works with professionals in a wide range of fields to help navigate the NIW process. The firm assists with reviewing qualifications, analyzing the proposed endeavor, preparing documentation, and helping clients understand the steps involved in seeking permanent residence through NIW.
Ashoori Law helps clients with:
- NIW eligibility analysis
- EB-2 qualification review
- NIW petition preparation
- Recommendation letter review
- Adjustment of status planning
- Immigrant visa processing where appropriate
If you would like help with your NIW case, you can email Ashoori Law to discuss your case and determine the best strategy for your NIW petition. (Note: Contacting the firm does not create an attorney-client relationship.)
You can also follow Ashoori Law on social media for immigration updates, legal insights, and helpful guides:
- X (Twitter)
- YouTube
- TikTok
These platforms regularly share information about U.S. immigration law, employment-based immigration options, and updates that may be helpful for individuals considering the NIW process.
Common FAQs
- What is a National Interest Waiver?
A National Interest Waiver, or NIW, is a way for certain applicants in the EB-2 category to request that the usual job offer and labor certification requirements be waived. To qualify, the applicant must first meet the EB-2 requirements and then show that the NIW standard is satisfied.
- Is National Interest Waiver self-petition allowed?
Yes, in many cases, the NIW category may allow a qualified person to self-petition by filing Form I-140 without a sponsoring employer. However, the applicant still must show eligibility under EB-2 and must provide evidence supporting the NIW requirements.
- What are the National Interest Waiver requirements?
At a general level, the applicant must qualify under the EB-2 category and must also show that the proposed endeavor has substantial merit and national importance, that the applicant is well positioned to advance the proposed endeavor, and that it would be beneficial to waive the job offer and labor certification requirements.
- How to apply for a National Interest Waiver green card?
In many cases, the process begins by preparing and filing Form I-140 with supporting evidence for both EB-2 eligibility and the NIW standard. After that, the applicant may move forward through adjustment of status or immigrant visa processing, depending on the facts of the case and visa availability.
- How long is the National Interest Waiver processing time?
NIW processing time can vary depending on several factors, including USCIS workload, whether premium processing is available and used, visa availability, and whether the applicant will apply for adjustment of status or immigrant visa processing. There is no single timeline that applies to every case.
- Do I need an advanced degree to qualify for an NIW?
Not always. Because NIW falls under the EB-2 category, a person generally must qualify either as a member of the professions holding an advanced degree or as a person of exceptional ability. Which path applies depends on the person’s background and supporting evidence.
- Can I file Form I-485 at the same time as my NIW petition?
Sometimes. If an immigrant visa number is available and the person is otherwise eligible to adjust status in the United States, Form I-485 may be filed concurrently with Form I-140. Concurrent filing is not available in every case, so it depends on visa availability and adjustment eligibility.
- Can entrepreneurs apply for NIW?
They may. In some cases, entrepreneurs may pursue NIW if they can show that their proposed endeavor has substantial merit and national importance and that they are well positioned to advance it. Eligibility depends on the facts, the business activity, and the supporting evidence.
What Happens After NIW Approval?
After NIW approval, the next step usually depends on whether an immigrant visa number is available and whether the applicant will continue through adjustment of status or immigrant visa processing. Approval of the I-140 petition is an important step, but it does not by itself grant permanent residence.
If the applicant is eligible to adjust status in the United States and a visa number is available, the applicant may move forward with Form I-485 if it has not already been filed. If the applicant will process through a U.S. consulate abroad, the case may move to immigrant visa processing.
After NIW approval, the process may involve:
- Waiting for a visa number to become available, if needed
- Filing or continuing adjustment of status
- Completing immigrant visa processing abroad, where applicable
- Including derivative family members, where eligible
- Responding to additional government requests, if any arise
Because the steps after NIW approval can vary from case to case, it is important to review the facts carefully and plan the next stage of the process accordingly.
Conclusion
You should now have a much better understanding of:
- What the EB-2 National Interest Waiver is
- How the NIW works under the EB-2 immigrant category
- Main benefits of the National Interest Waiver
- The core NIW requirements
- Required documents for an NIW petition
- The general NIW process
- Examples of successful NIW cases
- Common reasons NIW petitions get denied
- How to strengthen an NIW case
- NIW filing fees
- NIW processing times
- Why working with an immigration lawyer can be helpful
- What happens after NIW approval
The EB-2 National Interest Waiver can be a valuable option for qualified professionals seeking lawful permanent residence in the United States without a job offer. For the right applicant, it may provide a more direct path to a green card through self-petition.
At the same time, NIW cases are highly case-specific and often require strong evidence, careful legal analysis, and a clear presentation of how the applicant meets the legal standard. Because of that, it is important to approach the case with a clear strategy and a well-prepared petition.
Resources:
- Matter of Dhanasar – Precedent EB2 NIW Case
- Visa Bulletin
- Employment-Based Immigration: Second Preference EB-2
- Business Immigration: Law & Practice, 2nd Ed.– Vol. 2: Chapter 3
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.