Understanding the EB-2 NIW Visa: A Guide to National Interest Waivers

An Overview of the EB-2 PERM Certification Process

Barring the EB-1A for those with Extraordinary Ability, all foreign nationals seeking the US permanent residence through Employment based visas like EB-1, EB-2, or EB-3 require their employer to sponsor their petitions.

The sponsorship process involves a detailed Labor Certification Process where the employer has to prove to the Department of Labor or DOL that there were no qualified and willing US workers available for the position being filled by the foreign worker.

In 2005, the USCIS introduced an electronic filing system for the Permanent Labor Certification process known as the Program Electronic Review Management or PERM. It has become common for the PERM, Labor certification process, permanent employment certification, and Permanent labor certification process to be used interchangeably.

Getting a PERM certification is a long, complicated, and expensive process for the employer since it involves multiple steps, submissions, forms, and filings. If there are qualified US workers, then the PERM process may get rejected, which means the foreign national’s PR process will get stalled.

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National Interest Waiver Explained

National Interest Waiver—NIW— is a legal provision that waives the labor market test or labor certification process for certain foreign nationals seeking to become a lawful permanent resident in the US.

The NIW petition, as the name suggests, grants the petitioner a waiver from the PERM certification or labor certification requirements when the foreign national’s work is deemed to be have substantial merit and the proposed endeavor is well positioned to advance the national interest of the United States.

Also, a foreign national with exceptional ability or an advanced degree can self petition for the EB-2 NIW visa and become a lawful permanent resident. These two significant advantages make the EB-2 NIW visa a very popular choice among foreign workers with exceptional abilities or advanced degrees and even foreign entrepreneurs seeking to settle in the US.

EB-2 National Interest Waiver Petitions vs EB-1A A Comparison

Both the EB-2 NIW and the EB-1A visas do not require PERM labor certification, allow the petitioner to self sponsor, and offer a faster route to the green card compared to the conventional EB-1, EB-2 or EB-3 petitions.

However, there are some points of distinction between these two options options.

Exceptional vs Extraordinary Ability

The EB 1A visa is for applicants with extraordinary ability having national or international acclaim. This visa is restricted to those who are the pinnacle of their field.

The EB-2 National Interest Waiver petitions is for applicants with exceptional liability, which means this option is open to those who may not be eligible for the EB-1A visa.

The EB-1A visa requires a higher level of achievement and has significantly tougher requirements as far as proofs and evidences are concerned. On the other hand, the EB-2 NIW visa requires a lower level of achievement, which means more applicants may be in a position to qualify for this visa.

Further, the proofs and evidences required to prove exceptional ability may be judged in a less stringent manner compared to such evidence submitted by an EB-1A petitioner.

Last updated: April, 2025

How to Qualify for the EB-2 National Interest Waiver Visa

There are two steps to qualifying for the EB-2 National Interest Waiver Visa. You must first fulfill the eligibility criteria of the EB-2 visa, and then show you are eligible to get the National Interest Waiver.

EB-2 Immigrant Petition Eligibility

To qualify for the EB-2 visa, you must have either an advanced degree or provide evidence that you have outstanding or exceptional ability in your field.

Advanced Degree

Proving that you meet the advanced degree professionals requirement can be relatively simple. You qualify if you

• Have an Master’s degree from the US or an equivalent degree from a foreign institution, or
• Have a Bachelor’s degree or foreign equivalent degree plus five years of relevant experience related to your field of specialty, or
• Have a doctoral degree or foreign equivalent and such a degree is typically required for your job.

Exceptional Ability

To prove you have exceptional or outstanding ability, you must show that you have skills, capabilities, and expertise beyond the level that is normally required to function and succeed in your field. This is normally proved by submitting at least three of the following proofs or evidences.

• Official academic records related to your field of expertise and work.
• Proof that you have a professional license
• Proof that you are a member of a professional association, professional or business organizations or other relevant entities.
• Proof that you have at least ten years of experience in your field in the form of letters from current or former employers.
• Proof of awards, honors grants, and other international recognition you have achieved in your field.
• Proof of receiving remuneration and payments for your expertise in the form of relevant financial records.

National Interest Waiver Petitions’ Eligibility

In the Matter of Dhanasar, the United States Citizenship and Immigration Services (USCIS) clarified three conditions or prongs that must be fulfilled by the applicant to qualify for the National Interest Waiver immigrant visa. The three prongs are:

• The petitioner’s work is of national importance to the US
• The petitioner is best qualified and best placed to do this work, and
• On balance, expediting the visa and issuing the waiver will be in the interests and benefits of the US.

it is important to note that the United States Citizenship and Immigration Services has not laid down any detailed or professional-specific criteria defining substantial merit or national interest or national importance to qualify for the National interest waiver.

Nor is there any list of documentary evidence that one can rely on when filing the national interest waiver petition.

Each petition and each proposed endeavor is assessed on a case-by-case basis. Some proofs and evidences that can be included to justify the national interest waiver criteria are:

• Official academic record showing additional educational qualifications
• Official academic record showing educational achievements.
• Detailed job description in case of those with advanced degrees and or a business plan for entrepreneurs.
• Details of intellectual property developed and owned by the applicant.
• Information about progress and achievements attained in the field of specialization.
• Recommendations from peers, employees, clients, and partners operating in related or similar efforts.
• Details of contributions to publications, journals, and other media.
• Details of funding received from investors, government bodies or agencies, and other entities.

Impact of USCIS Jan 2025 Policy Manual Update

In January 2025, the United States Citizenship and Immigration Services updated its Policy Manual to provide further clarity on National interest waiver petitions.These are the highlights of the updates

• To qualify under the advanced degree criteria, the petitioner must provide evidence that his or her occupation qualifies as a profession. The word ‘profession’ has been defined in Section 101(a)(32) of the Immigration and Nationality Act.
  Listed professions apart, the section defines the term as any occupation that requires at least a US Bachelor’s degree or its foreign equivalent.
  The impact of this change is that applicants will now have to demonstrate and provide evidence that a Bachelor’s degree is a requisite to enter the occupation that they are pursuing and that the five years of work experience is related to the individual’s specialty.
• NIW petitions have to go beyond highlighting the national shortage of a particular occupation and must focus on the national importance of the occupation and how the petitioner’s official academic record, job profile or proposed endeavor is well positioned to advance and benefit the US.
• Beyond broad and general description of the immigrant visa petitioner’s potential to create jobs and benefit the US economy, an entrepreneur must offer comparable evidence how the foreign national’s proposed endeavor is well positioned to advance social, economic, technological and other benefits to the USA.
• Further, the USCIS will assign more importance for NIW approval to letters of support, recommendations, and citations issued by government entities or quasi-government agencies.

Benefits of the EB-2 NIW Visa

Self Petition and No Job Offer RequirementBarring one exception, all EB-category petitions require employer sponsorship. This means a foreign worker who does not have a job offer from an eligible US employer cannot apply for permanent residence.
The EB 2 NIW visa allows own petition , which means one with an advanced degree or exceptional ability can explore this route to the green card even if one does not have a sponsoring employer in the US.Request A Callback

Application Process

These are the steps normally involved in a EB-2 NIW petition.

1. Submit the I-140 form.
   Normally, employers file the petition for all employment based visas. If you are filing on your own on the basis of your proposed endeavor, then you will have to complete this step.
2. Prepare Documents
   This is a very significant and important part of the national interest waiver process.Whether your proposed endeavor is of national importance or not and whether you have the ability to make a significant contribution will be determined on the basis of the supporting documents.
   You will have to label and identify each document or exhibit whether it has been included to support your eligibility for the EB-2 visa or the national interest waiver or both. From exceptional ability letters provided by your peers to proof that you have a foreign equivalent degree to job offer details, there must be comprehensive documentation supporting your EB-2 NIW petition.
3. Submit the Documents
   You must prepare documentary proofs and evidence of national importance of your proposed endeavor, that you have skills and abilities beyond ordinarily encountered, your expertise significantly benefits the US, and other aspects of your petition.
   It is better to provide for the contingency of a Request for Evidence when preparing your documents.
4. Pay the I-140, AOS, and Other Filing Fees
   Make sure you calculate the filing fees accurately and pay using an approved mode to avoid rejections or delays. Working with a good immigration law firm even if you are sponsoring yourself will help you complete these processes without any hassles.

You have the option of paying the $2,805 fee for premium processing to get a decision on your petition in around 45 business days. .

Apply through Lincoln Global Partners Immigration Services

Assessing whether your EB-2 NIW proposed endeavor is of national importance or has substantial merit requires detailed and thorough analysis by a skilled and experienced team of immigration professionals.

The EB-2 NIW process is a complicated one that may involve RFEs and submissions to the administrative appeals office depending on the complexity of your case. From identifying the right service center for your form submission to following up with the service center as necessary, there are many administrative steps too that form a part of the process.

Having EB-2 NIW experts by your side can help you plan your journey with greater confidence and begin your life in the US as an EB-2 NIW visa holder with fewer uncertainties.

Apply for the USA EB-2 NIW Visa with Lincoln Global Partners

Lincoln Global Partners, an international investment migration firm is ready to assist you every step of the way with your Investor Visa application in the USA.

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EB-2 NIW Visa : Frequently asked Questions

Checkout our FAQ's or reach out to us directly via the contact form at the bottom of the page with further questions.Is the EB-2 NIW visa subject to per-country caps?

Yes. Consular processing or Adjustment of Status will be processed only if your priority date is current. If your country has hit the per-country cap and is subject to a backlog, then you will have to wait for your priority date to become current.

Can I apply for NIW despite having a Bachelor's degree only?

Yes. You can still apply as long as you fulfill the work experience requirement and can prove that your proposed endeavor has substantial merit and is in national interest.

Proving that you have skills beyond ordinarily encountered in an average person with your qualifications and that other comparable evidence justifies the waiver of the labor certification requirements is essential to qualify.

Do I have to be in the US when applying for the EB-2 NIW on own behalf?

Not necessarily. Being in the US can help you enjoy the benefits of AOS process. However, you can apply from outside without the job offer and enter the US after completing the consular processing formalities.

If I have a foreign Master's degree, then am I automatically eligible to apply for the EB-2 NIW immigrant petition?

No. The foreign national’s qualifications must be equivalent to the US Master’s degree. Only then will you be eligible for the EB-2 visa. Once this is established, then you must assess whether you fulfill the national interest waiver requirements before proceeding.

Do I need a job offer to apply for the EB-2 NIW visa?

No. Having a job offer is not mandatory as long as you can prove that you have exceptional ability, membership of national importance related to your field, and occupation evidence demonstrating that benefits of granting a national interest waiver exceeds the potential cost of skipping labor certification.