National Interest Waiver (NIW)
What is NIW?
The National Interest Waiver (NIW) is an EB-2 green card option that waives the job offer requirement for professionals whose work is in the United States national interest.
Key Benefit: No job offer or labor certification required
Self-petition: You can file for yourself
Standard: Must satisfy Dhanasar framework (2016)
Dhanasar Framework
Since 2016, NIW cases are evaluated under the Dhanasar precedent decision, which established a three-prong test for national interest determinations.
Prong 1: Substantial merit and national importance
Prong 2: Well positioned to advance endeavor
Prong 3: Beneficial to waive job offer
Dhanasar Three-Prong Test
Required Criteria for NIW Approval
- The proposed endeavor has both substantial merit and national importance
- You are well positioned to advance the proposed endeavor
- On balance, it would be beneficial to the United States to waive the job offer requirement
All Three Prongs Required
Unlike other immigration categories where meeting some criteria may be sufficient, NIW requires satisfying all three Dhanasar prongs. Weakness in any area can lead to denial.
Each prong must be supported with substantial evidence and compelling legal arguments connecting your specific situation to the national interest.
Fields with Substantial Merit and National Importance
Healthcare and Medicine
Science and Technology
Engineering and Infrastructure
Education and Social Sciences
Evidence of Being Well Positioned
Factors Showing You Can Advance Your Endeavor
- Advanced degrees in field (Ph.D., advanced professional degrees)
- Specialized knowledge, skills, or experience beyond ordinary practitioners
- Record of success in related or similar efforts
- Access to funding, resources, or institutional support
- Previous publications, patents, or recognitions in the field
- Network of professional relationships relevant to the endeavor
- Demonstrated ability to translate research into practical applications
National Importance Factors
Elements That Demonstrate National Significance
- Potential to impact field broadly, not just locally
- Economic benefits to U.S. industries or employment
- Advancement of scientific understanding or innovation
- Solutions to significant societal challenges
- Enhancement of U.S. competitiveness in global markets
- Contribution to national security or defense
- Environmental or public health benefits
NIW Application Process
Complete National Interest Waiver Timeline
Assess NIW Eligibility
Evaluate your qualifications against Dhanasar framework criteria
Required Documents:
- •Review proposed endeavor for substantial merit and national importance
- •Assess your positioning to advance the endeavor
- •Consider benefits of waiving job offer requirement
- •Consult with immigration attorney if needed
Develop Compelling Case Strategy
Create detailed narrative connecting your work to national interest
Required Documents:
- •Detailed statement of proposed endeavor
- •Evidence of substantial merit and national importance
- •Documentation of your qualifications and positioning
- •Business plan or research proposal if applicable
Gather Supporting Evidence
Collect comprehensive documentation supporting NIW petition
Required Documents:
- •Expert letters from recognized authorities in your field
- •Publications, patents, citations, and media coverage
- •Awards, grants, and professional recognition
- •Evidence of past achievements and impact
File Form I-140 Petition
Submit NIW petition as self-petition or through employer
Required Documents:
- •Form I-140 (Immigrant Petition for Alien Worker)
- •$700 filing fee + $85 biometric fee
- •Comprehensive legal brief addressing Dhanasar criteria
- •All supporting evidence organized by criterion
USCIS Review and RFE Response
Respond to any USCIS requests for additional evidence
Required Documents:
- •Response to Request for Evidence if issued
- •Additional expert letters or documentation
- •Updated evidence of continued work and impact
- •Legal arguments addressing USCIS concerns
Approval and Green Card Process
Proceed with adjustment of status or consular processing
Required Documents:
- •Form I-485 (if in U.S.) or DS-260 (if abroad)
- •Medical examination and background checks
- •Supporting civil documents
- •Evidence of continued national interest work
NIW vs EB-1A Comparison
| Factor | NIW (EB-2) | EB-1A Extraordinary Ability |
|---|---|---|
| Standard of Achievement | Substantial merit and national importance | Extraordinary ability at highest level |
| Evidence Requirements | Dhanasar three-prong test | 3 of 8 regulatory criteria plus final merits |
| Job Offer | Waives job offer requirement | No job offer required |
| Self-Petition | Can self-petition or employer can file | Can self-petition |
| Processing Category | EB-2 (may have wait times for some countries) | EB-1 (usually current) |
| Difficulty Level | Moderate - focused on national benefit | High - must show extraordinary achievement |
Choosing Between NIW and EB-1A
NIW may be more accessible for accomplished professionals who don't quite meet the "extraordinary ability" standard. However, EB-1A typically has shorter wait times.
Consider NIW if you have significant accomplishments but limited international recognition, or if your work clearly benefits national interests even if not at the very top of your field.
Successful NIW Profiles
Medical Researcher
Example:
Ph.D. developing cancer treatment therapies with published research and clinical trial involvement
Key Strengths:
Direct health impact, publication record, collaboration with medical institutions
Software Engineer/AI Researcher
Example:
Advanced degree with patents in machine learning applications for healthcare or national security
Key Strengths:
Technological innovation, patent portfolio, applications with broad societal benefit
Environmental Scientist
Example:
Climate change researcher with policy recommendations adopted by government agencies
Key Strengths:
Environmental impact, policy influence, governmental recognition
Business/Entrepreneur
Example:
MBA with track record of successful ventures creating U.S. jobs and economic growth
Key Strengths:
Job creation evidence, economic impact, business success metrics
Educator/Researcher
Example:
Ph.D. developing educational technologies or methodologies with measurable learning improvements
Key Strengths:
Educational impact data, adoption by institutions, student outcome improvements
Common NIW Mistakes and Solutions
Overly Broad Endeavor Description
Problem:
Describing work too generally without specific focus
Solution:
Define specific, measurable endeavor with clear objectives and outcomes
Insufficient National Importance
Problem:
Failing to demonstrate impact beyond local or regional level
Solution:
Show how work addresses national challenges or priorities with broad implications
Weak Expert Letters
Problem:
Letters from unknown experts or those not well-qualified in field
Solution:
Obtain letters from recognized leaders who can speak to national significance
No Evidence of Progress
Problem:
Presenting only future plans without demonstrated capability
Solution:
Document past achievements showing ability to execute proposed endeavor
Ignoring Economic Benefits
Problem:
Not addressing how waiving job offer benefits U.S.
Solution:
Demonstrate job creation, economic impact, or competitive advantages
Strategies to Strengthen Your NIW Case
Building a Compelling National Interest Waiver Petition
- Focus on specific, measurable endeavor rather than general field of expertise
- Obtain letters from experts who can speak to both your qualifications and national importance
- Document quantifiable impact: job creation, revenue generation, lives saved, etc.
- Show progression from past achievements to future endeavor
- Include evidence of government, industry, or institutional support
- Demonstrate how your work addresses current national priorities or challenges
- Provide evidence of urgency - why this work needs to happen now
NIW Processing and Timeline
Processing Information
- • I-140 processing: 6-12 months regular processing
- • Premium processing: 15 calendar days ($2,500)
- • Category: EB-2 (may have wait times for China/India)
- • Success rate: Varies significantly by case quality
- • RFE rate: Common - prepare for detailed responses
After Approval Benefits
- • Job flexibility: Can work for any employer in field
- • Entrepreneurship: Can start your own business
- • Family benefits: Spouse and children included
- • Path to citizenship: Eligible after 5 years as LPR
- • No labor certification: Permanent waiver of PERM requirement