EB-2 NATIONAL INTEREST WAIVER

EB-2 NIW Eligibility & Profile Building

Master the 3-Prong Test and build a compelling National Interest Waiver petition

Disclaimer: We provide profile building and application preparation services. We are not attorneys and do not provide legal advice. Please consult an immigration attorney for legal guidance.

What is EB-2 NIW?

The EB-2 National Interest Waiver (NIW) is a self-petitioned green card for professionals with advanced degrees or exceptional ability whose work benefits the United States. Unlike traditional employment-based green cards, NIW allows you to:

Self-Petition

No employer sponsorship required

No Labor Cert

Skip the lengthy PERM process

National Benefit

Work benefits the United States

Who Qualifies for EB-2 NIW?

EB-2 NIW is ideal for professionals, researchers, entrepreneurs, and specialists in fields like:

  • Technology: AI/ML researchers, software engineers, data scientists
  • Healthcare: Physicians, medical researchers, public health experts
  • Academia: Professors, postdocs, research scientists
  • Business: Entrepreneurs with innovative ventures, business analysts
  • Engineering: Civil, mechanical, electrical, environmental engineers
  • STEM Fields: Scientists, mathematicians, statisticians

Basic EB-2 Requirements

Before applying for NIW, you must first qualify for EB-2 classification through either:

Advanced Degree

A U.S. master's degree or higher (or foreign equivalent), OR a U.S. bachelor's degree plus 5 years of progressive post-degree work experience

Qualifying Degrees: Master's, PhD, MD, JD, MBA, or bachelor's + 5 years experience

Exceptional Ability

A degree of expertise significantly above the ordinary in sciences, arts, or business (meet 3 of 6 criteria)

  • ✓ Academic records (degrees, diplomas)
  • ✓ 10+ years experience letters
  • ✓ Professional licenses/certifications
  • ✓ High salary/remuneration
  • ✓ Professional association membership
  • ✓ Recognition for achievements

The NIW 3-Prong Test

To qualify for National Interest Waiver, you must satisfy all three prongs of the Matter of Dhanasar framework

1

Substantial Merit & National Importance

Your proposed endeavor has substantial merit and national importance to the United States

What This Means:

You must demonstrate that your work has real value and broad implications for the U.S. This can be established through:

  • Economic Impact: Job creation, business development, innovation
  • Technological Advancement: New methods, tools, or breakthroughs
  • Healthcare Benefits: Improved treatments, public health outcomes
  • Education & Research: Training future professionals, advancing knowledge
  • Environmental Impact: Sustainability, conservation, climate solutions
  • National Security: Defense, cybersecurity, critical infrastructure

Strong Examples:

  • AI Researcher: Developing AI models for early cancer detection
  • Software Engineer: Building cybersecurity tools to protect critical infrastructure
  • Entrepreneur: Creating a startup that addresses renewable energy challenges
  • Medical Researcher: Conducting clinical trials for rare disease treatments
  • Data Scientist: Using ML to optimize supply chains and reduce waste

How We Help You Build This:

We help you articulate your proposed endeavor, identify its national importance, gather supporting documentation (publications, patents, media coverage), and craft a compelling narrative with concrete evidence of impact. We also help you obtain expert letters from recognized authorities validating your work's significance.

2

Well-Positioned to Advance the Endeavor

You are well-positioned to advance your proposed endeavor based on your education, skills, knowledge, and track record

What This Means:

You need to prove that YOU specifically have the qualifications, resources, and ability to successfully execute your proposed work. Evidence includes:

  • Educational Background: Advanced degrees relevant to your field
  • Professional Experience: Years of specialized experience and accomplishments
  • Publications & Research: Peer-reviewed papers, citations, impact factor
  • Patents & Innovation: Intellectual property, technical innovations
  • Awards & Recognition: Honors demonstrating excellence
  • Leadership Roles: Management of projects, teams, or organizations
  • Funding & Resources: Grants, investments, institutional support
  • Industry Partnerships: Collaborations with leading companies/institutions

Key Evidence Types:

Academic Credentials

PhD, Master's degrees, specialized training

Publication Record

Peer-reviewed papers, high citations

Past Success

Completed projects, proven results

Expert Letters

Endorsements from field leaders

How We Help You Build This:

We conduct a comprehensive profile analysis, identify your strongest qualifications, help you document your track record with quantifiable achievements, and strategize on obtaining powerful recommendation letters. We also help fill gaps in your profile through targeted activities like publishing, speaking engagements, and professional recognitions.

3

Benefit to the U.S. to Waive Job Offer Requirement

On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements

What This Means:

You must convince USCIS that the U.S. benefits more by allowing you to proceed without employer sponsorship. This is the "balancing test" where you demonstrate:

  • Urgency: Your work addresses pressing national challenges
  • Impracticality of Job Offer: Your work nature (entrepreneurship, research flexibility)
  • Broad Impact: Benefits extend beyond a single employer or location
  • Unique Position: Few others can do what you do
  • National vs. Local: Your work serves national, not just local, interests

Strong Arguments for Waiver:

  • Entrepreneurial Work: Starting a company creates jobs (vs. taking one)
  • Research Flexibility: Independent research benefits multiple institutions
  • Emerging Field: Your expertise is rare and urgently needed
  • National Scope: Work impacts healthcare, security, economy nationwide
  • Innovation Speed: Labor certification delays would harm national interests
  • Public Health/Safety: Addressing urgent crises (pandemic, security threats)

Common Pitfall to Avoid:

Simply showing you're qualified is not enough. You must explain why the U.S. specifically benefits from waiving the job offer requirement for YOUR case. Generic statements about field importance won't suffice—you need personalized, specific arguments.

How We Help You Build This:

We develop a tailored "balancing test" strategy specific to your situation, craft persuasive arguments for why waiving requirements benefits the U.S., gather supporting evidence (government policy documents, industry reports, expert opinions), and create a compelling petition narrative that clearly articulates the national interest served by your work.

Our EB-2 NIW Profile Building Services

Comprehensive support to strengthen your profile and prepare winning documentation

Eligibility Assessment

Comprehensive evaluation of your qualifications against EB-2 and NIW requirements. We identify your strengths and gaps, and assess your chances of success.

Strategic Roadmap

Personalized action plan to strengthen your profile. We prioritize activities that will have the most impact on your 3-prong test arguments.

Proposed Endeavor Statement

Help crafting a compelling description of your future work that clearly demonstrates substantial merit and national importance.

Evidence Portfolio

Organize and document your qualifications: publications, patents, awards, media coverage, recommendation letters, and proof of impact.

Recommendation Letter Strategy

Identify ideal recommenders, provide letter templates, and coach on what strong letters should emphasize for each prong of the test.

Impact Documentation

Help quantifying and documenting the impact of your work: citations, downloads, adoption metrics, economic benefits, social impact.

Publication Support

Guidance on targeting high-impact journals, conference strategy, and increasing visibility of your research work.

Media & Recognition

Strategies to gain media coverage, awards, and professional recognition that strengthen your national importance argument.

Application Preparation

Assistance with I-140 form completion, supporting documents organization, and ensuring your petition package is complete and compelling.

EB-1A vs EB-2 NIW: Which is Right for You?

Both are self-petitioned green cards, but have different requirements and standards

Factor EB-1A EB-2 NIW
Standard Extraordinary ability (top of field) Advanced degree or exceptional ability
Education Requirement None (achievement-based) Master's or higher (or Bachelor's + 5 years)
Criteria to Meet 3 out of 10 EB-1A criteria All 3 prongs of Dhanasar test
Focus Past achievements and recognition Future work and national benefit
Processing Time ~12-16 months (premium: 45 days) ~12-18 months (no premium)
Ideal For Established experts, award winners, cited researchers Emerging professionals, entrepreneurs, researchers with important work
Difficulty Higher - requires extraordinary evidence Moderate - more accessible

Which should you choose? If you're early in your career or don't have extensive awards/recognition yet, EB-2 NIW is often more attainable. If you have strong evidence of extraordinary ability (major awards, high citations, media coverage), EB-1A may be worth pursuing for faster processing.

Keys to a Strong EB-2 NIW Petition

Based on our experience with successful NIW cases

Clear Proposed Endeavor

Define specific, concrete work you'll do in the U.S., not vague job descriptions

Quantifiable Impact

Use numbers: citations, users, revenue, jobs created, patients helped, etc.

Strong Expert Letters

5-6 letters from independent experts who can speak to your work's significance

National Scope Evidence

Show work impacts beyond local area: multiple states, nationwide, or U.S. interests abroad

Track Record

Demonstrate past success executing similar projects, not just theoretical capability

Urgency & Relevance

Align with current U.S. priorities: AI, healthcare, climate, economy, security

Ready to Start Your EB-2 NIW Journey?

Let's evaluate your eligibility and create a winning strategy for your National Interest Waiver petition

Important Reminder: We provide profile building and application preparation services. We are NOT attorneys. For legal representation, please consult a licensed immigration attorney.