EB-2 NIW
National Interest Waiver
The National Interest Waiver (NIW) lets a qualified professional skip the job offer and labor certification normally required in the EB-2 category. It suits researchers, physicians, engineers and entrepreneurs whose work carries national importance. We build the petition around the legal test set in Matter of Dhanasar (2016).
Your attorney
Assigned at booking
Last reviewed September 2026
Who this is for
- Holders of a U.S. master's degree or higher, or a foreign equivalent
- Holders of a bachelor's degree plus five years of progressive experience
- Professionals with exceptional ability in the sciences, arts or business
- Early-career researchers with work that has clear public value
How we help
- Proposed endeavor
- We define the specific work you plan to do in the United States, in terms an officer can assess.
- National importance
- We document why the work matters beyond one employer, using government priorities, data and expert views.
- Positioning
- We show your record, plans and progress make you well positioned to advance the work.
- Balancing
- We explain why waiving the job offer benefits the United States on balance.
The legal standard
The three-part Dhanasar test
Officers grant the waiver when the petition shows all three elements:
- 1The proposed endeavor has both substantial merit and national importance
- 2The applicant is well positioned to advance the proposed endeavor
- 3On balance, waiving the job offer and labor certification would benefit the United States
The applicant must also qualify for EB-2 through an advanced degree or exceptional ability.
Forms involved
- I-140Immigrant Petition for Alien Workers
- I-907Request for Premium Processing Service
- I-485Application to Adjust Status (when a visa number is available)
Government filing fees are listed on our filing fees page.
Timeline
Premium processing is available for NIW petitions at the fee in the current U.S. Citizenship and Immigration Services (USCIS) schedule. After approval, the wait for a green card depends on the Visa Bulletin for the applicant's country of birth, which can be long for some countries.
Document checklist
A starting list. We send a checklist for your case after the consultation.
- Degree certificates and transcripts, with evaluations for foreign degrees
- CV, publications, citations and patents
- A short description of your planned work in the United States
- Letters from independent experts and users of your work
- Evidence of funding, adoption, media or government interest
“They read my research and built the petition around its national importance, not only my citation count. Approved without a request for evidence.”
These reviews are illustrative examples while client reviews are being collected.
Questions clients ask
Do I need an employer?
Can a recent graduate qualify?
NIW or EB-1A?
Why does my country of birth matter?
Can my family be included?
Is premium processing worth it?
Tell us where you are. We will show you the way forward.
Send your details for a free evaluation by an attorney, or book a consultation by video, phone or in person at a time that suits your time zone.