If you are a highly skilled professional looking to live and work in the United States without the need of employer sponsorship, the EB-2 National Interest Waiver (NIW) application could be your pathway to a U.S. Green Card. This visa category allows individuals with advanced degrees or exceptional abilities to bypass traditional labor certification requirements if their work benefits the United States.

In this post, we will break down what the NIW is, who qualifies, the application process, and key information for filing a petition.

What is the EB-2 NIW?

The EB-2 National Interest Waiver is under Employment Based, Second Preference immigrant visa category.

The petitioner must provide evidence that their work is in the national interest of the United States. In other words, the NIW allows professionals to self-petition for a Green Card based on their contributions to society, rather than being tied to a specific employer.

NIW offers several additional benefits, making it an attractive option compared to other visas. It offers greater flexibility as it applies to a range of professional fields including science, arts, entertainment, sports, business, technology, and medicine. Additionally, the NIW process may be faster due to the PERM exemption. Finally, waiving the job requirement offers applicants flexibility in employment post-approval including self-employment or entrepreneurship.

Who Qualifies for an EB-2 NIW?

To qualify for EB-2 NIW you must meet the criteria for both an EB-2 visa and the National Interest Waiver Criteria:

1. EB-2 Eligibility (Either one of the following)

1) Professional with an Advanced Degree

An Advanced Degree means either a U.S. academic or professional degree above a U.S. bachelor’s (or its foreign equivalent) OR a bachelor’s degree plus five years of progressive experience in the field.

A Professional occupation is one that requires the minimum of a bachelor’s degree for entry to the occupation.

2) Exceptional Ability

Exceptional Ability is interpreted as “expertise significantly above that ordinarily encountered.” If you don’t have an advanced degree, you can qualify if you show exceptional ability in the sciences, arts, or business.

There are 7 criteria listed on the USCIS Policy Manual. A qualified applicant must demonstrate proof of at least 3:

• Official academic records showing you have a degree, diploma, or similar award from an institution of higher learning in your area of exceptional ability.
• Letters from current or former employers documenting at least 10 years of full-time experience in your occupation.
• A license or certification to practice your profession.
• Evidence you have commanded a high salary that demonstrates your exceptional ability.
• Membership in professional associations.Recognition for your achievements and significant contributions to your field by peers, government entities, professional or business organizations.
• Other comparable evidence you feel demonstrates your exceptional ability.

2. National Interest Waiver Criteria

The current framework for NIW applications was established in 2016 by the Matter of Dhanasar decision. This court ruling streamlined eligibility criteria into a three-pronged test that petitioners must meet to qualify for the petition approval:

1) The person’s proposed endeavor has both substantial merit and national importance;

2) The person is well-positioned to advance the proposed endeavor; and

3) On balance, it would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirements.

Do demonstrate substantial merit and national importance, a petitioner must demonstrate merit in a range of areas such as business, entrepreneurialism, science, technology, culture, health, or education. Work that has a substantial impact on knowledge or understanding in a field or that will have substantial positive economic effects or potential to employ U.S. workers may have substantial merit.

To be well-positioned, an applicant must provide evidence of their education, skills, past achievements, and future plans in their area of expertise.

Finally, the third prong considers the totality of the evidence and how it benefits the U.S. Often by highlighting the unique impact of their work and the difficulty of securing a traditional sponsor.

How to File an EB-2 NIW Petition

1. Prepare and File Your Petition

To file an EB-2 NIW you will need to prepare the following documents:

• Form I-140 (Immigrant Petition for Alien Workers)
• Petition Letter
• Recommendation Letters
• All additional required evidence to demonstrate your eligibility.
• Form I-485 (Adjustment of Status) if you are currently in the U.S. with valid status

2. Wait for a Visa number to become available via the Visa Bulletin

The U.S. sets annual limits on the number of Green Cards issued per visa category and country, meaning backlogs can develop for high-demand countries like India and China.

Once you file your I-140, USCIS assigns you a priority date that determines your place in line for a visa.

The U.S. State Department publishes the Visa Bulletin[SA2]  each month with charts listing priority dates for different preference categories. There are two charts for each:

• Final Action Dates – The date when visas are currently being issued, or when you can receive your Green Card.
• Filing Dates – the earliest date you can submit Form I-485 (Adjustment of Status) if USCIS allows it.

If your priority date is not current, you must wait for a visa to become available.

If your priority date is earlier than the date listed in the bulletin, you can proceed with the next step of your Green Card process.

3. Apply for Consular Processing or Adjustment of Status

The procedure is slightly different depending on where you live.

• If you are outside the U.S., after approval of your EB-2 NIW petition, you must obtain an immigrant visa through a U.S. consulate in a foreign country to be able to enter the United States.
• If you are inside the U.S. with a valid status, you may concurrently apply for the Adjustment of Status with Form I-485 to become a U.S. permanent resident after approval of your EB-2 NIW petition.

Important Dates, Expected Timeline, and Fees

There is no specific window for filing an EB-2 NIW petition. However, some countries may experience a backlog, and you must wait for a visa to become available to apply.

As of March 2025, the current processing times range from approximately 11 months (Texas Service Center) and 14.5 months (Nebraska Service Center). Premium Processing is available and can expedite a decision within 45 working days. For information on   processing times see the USCIS website.

Filing Fees are subject to change. See the USCIS website Fee Schedule for the most current information.

For legal fees, contact our office.

Frequently Asked Questions (FAQ)

• Can NIW applications be expedited?
  • Yes, premium processing is available for an additional fee, with USCIS providing a response within 45 days.
• Is employer sponsorship required for NIW?
  • No, NIW does not require employer sponsorship. However, if certain achievements are based on company projects, employer sponsor might enhance the application’s success rate.
• How long does NIW processing take?
  • Without premium processing, I-140 approval takes approximately 11-14 months. With premium processing, USCIS responds within 45 days.
• What are the differences between NIW and EB1A?
  • EB1A requires higher qualifications, demonstrating that the applicant is among the top in their field.
  • NIW has broader criteria, focusing on the uniqueness and national interest of the applicant’s work.
  • EB1A has a shorter visa bulletin waiting period compared to NIW.
  • Applicants can use the priority date from NIW when applying for EB1A if eligible, potentially shortening the waiting period.

Is the EB-2 NIW Right for You?

The EB-2-NIW is an excellent option for professionals with advanced degrees or exceptional abilities and can prove their work benefits the U.S. as a whole. Unlike many employment-based visas, the NIW allows you to self-petition, giving you more flexibility in pursuing your career goals.

If you meet the qualifications and are ready to start your journey towards a U.S. Green Card, an experienced attorney can strengthen your petition and increase your chances of approval.

Our team at Meng Law Group has years of experience working with a range of clients, both inside and outside the U.S. through the NIW process. We will assist you in determining the strengths and weaknesses of your case, compiling the required documents, and creating a strategy that highlights your qualifications and exceptional abilities. We are here to guide you through all parts of this process.

Should you have any questions regarding the EB-2 National Interest Waiver, please feel free to reach out to our team at Meng Law Group. You may also contact us via phone at (626) 339-9363 or email us directly at info@menglawgrp.com.

---

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. Reading any content on our website does not create an attorney-client relationship. For legal guidance tailored to your specific situation, consult a qualified immigration attorney.