National Interest Waiver (NIW) –
EB-2 Green Card Without Employer Sponsorship
The National Interest Waiver (NIW) is a subcategory of the EB-2 immigrant visa classification that allows eligible individuals to self-petition for a U.S. green card without the requirement of a job offer or labor certification. This option is designed for professionals whose proposed work is deemed to be in the national interest of the United States.
At Global Talent Immigration Law Group, our attorneys provide tailored legal strategies for clients whose achievements and contributions align with the national priorities of the U.S. economy, public health, education, scientific advancement, and cultural enrichment.
Who Qualifies for the National Interest Waiver?
To be eligible for the NIW, applicants must first meet the baseline EB-2 requirements and then satisfy a three-part test established by USCIS precedent.
EB-2 Eligibility Requirements
To qualify under the EB-2 category, you must demonstrate either:
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An advanced degree (U.S. or foreign equivalent), or
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Exceptional ability in the sciences, arts, or business
National Interest Waiver Criteria (Three-Prong Test)
USCIS uses the framework from Matter of Dhanasar to evaluate NIW petitions. The petition must demonstrate all three of the following:
1. The proposed endeavor has substantial merit and national importance.
This is shown by providing information about your proposed work in the U.S., published research, government funding or endorsements or evidence of social or economic impact. This includes work in fields such as:
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Public health and healthcare innovation
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STEM research and development
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Environmental sustainability
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Educational access or advancement
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National security and economic competitiveness
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Cultural enrichment
2. The applicant is well positioned to advance the proposed endeavor
This evaluates your ability to carry out your proposed work in the U.S. Evidence that USCIS may consider are your past experience and achievements in your field, endorsements from experts in your field, proof of success of past or ongoing projects, thought leadership in your field.
3. On balance, it would benefit the United States to waive the job offer and labor certification requirement.
This prong compares the national interest to the standard employment-based process. Showing the market demand for your work, the work’s independence from an employer sponsorship, and evidence regarding the societal or economic benefits of your work are factors USCIS will consider.
What Evidence Should You Submit?
A successful NIW petition is built on detailed, well-organized evidence that clearly supports all three prongs. At Global Talent Immigration Law Group, we help you prepare a comprehensive submission that may include:
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Personal statements outlining your goals and achievements
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Recommendation letters from recognized experts
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Proof of media coverage, press releases, or citations
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Business plans or documentation of ongoing impact
Petition Process & Timelines
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Form I-140 is filed directly with USCIS and may be self-petitioned.
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No labor certification (PERM) or employer sponsorship is required.
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Premium Processing is available as of 2023, with 45-day adjudication once accepted.
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After I-140 approval, eligible applicants can file Form I-485 if a visa number is available.
Why Choose Global Talent Immigration Law Group?
Our firm brings decades of combined experience representing extraordinary individuals from across the globe. We provide personalized consultations, in-depth strategy sessions, and document preparation designed to align your case with USCIS adjudication trends. Whether you're a researcher, entrepreneur, or expert practitioner, we position your petition for maximum clarity and impact.
Ready to Explore the NIW Option?
We’re here to help you determine whether a National Interest Waiver is the right fit for your background and goals.
Request a Consultation today to speak with one of our experienced immigration attorneys.
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