EB-2 NIW: National Interest Waiver

The National Interest Waiver (NIW) is an exemption from the labor certification requirement under the EB-2 category, allowing you to apply for a green card without an employer sponsor.

The Matter of Dhanasar Standard

You must establish three elements:

1. Substantial merit and national importance — your work has significant value
2. Well positioned to advance — you are well positioned to advance that work
3. Balance favors a waiver — the national interest justifies waiving the labor certification requirement

NIW is particularly well suited for professionals whose work has broad impact.

Typical Candidates

• Academics and researchers — with publications and citations
• Engineers — with patents or significant projects
• Physicians — especially those serving underserved areas
• Entrepreneurs — creating jobs
• IT professionals — with unique expertise

Education Requirements

EB-2 requires a master's degree or a bachelor's degree plus 5 years of progressive experience. Foreign degrees must be evaluated.

An NIW petition is filed using Form I-140 along with a comprehensive evidence package.

Key Evidence

• Recommendation letters — from independent experts in your field (5–8 letters)
• Publications and citations — Google Scholar, Scopus
• Patents — if applicable
• Evidence of impact — grants, implementations, media coverage
• Petition letter — a detailed argument addressing all three Dhanasar elements

Filing fee: $715. Premium Processing ($2,965) is available for I-140.