EB2 NIW: The Most Frequently Asked Questions
A National Interest Waiver (NIW) petition allows foreign nationals to self-petition for a U.S. green card without the need for a permanent job offer or the traditional labor certification process. In essence, an NIW enables you to bypass the labor certification requirement if you can demonstrate that your work is in the national interest of the United States. To qualify, applicants must meet several specific criteria.
In addition to the general eligibility requirements, applicants must prove that they intend to work in an area of substantial merit and national importance, that their proposed endeavor will significantly benefit the United States, and that requiring a labor certification would negatively impact the national interest.
Important Update: As of December 27, 2016, the Administrative Appeals Office (AAO) revised the criteria for EB-2 NIW petitions under the landmark decision Matter of Dhanasar. This change reshaped how USCIS evaluates NIW petitions.
EB-2 NIW Frequently Asked Questions
What are the benefits of an NIW compared to a standard EB-2 green card?
The National Interest Waiver allows you to self-petition without needing an employer sponsor or a PERM Labor Certification. The PERM process is designed to protect U.S. workers by preventing companies from replacing them with lower-cost foreign labor.
With an NIW, you must show that your contributions provide more benefit to the nation than the potential risks of bypassing the PERM process. USCIS evaluates whether, “on balance,” the positive national impact of your work outweighs any drawbacks.
Can I get an NIW if I work in the private sector?
Yes, but it can be more challenging. Many applicants in private industry worry about showing national interest when their work benefits a private entity. While difficult, it is possible. Petitioners can succeed by providing federal-level benefits or tangible past accomplishments that demonstrate a national impact.
Because these cases are complex, it’s best to consult the immigration attorneys at Green Card Link to assess your individual situation.
Do I need awards in my field to qualify for an NIW?
Not necessarily. While awards and honors strengthen your case, they are not mandatory. The flexible nature of the NIW means you can qualify based on other achievements, evidence of substantial contributions, or a proven record of professional impact.
What does “substantial merit” mean in NIW cases?
“Substantial merit” refers to work that has a meaningful positive impact in fields such as science, technology, healthcare, business, culture, education, or infrastructure. Occupations in technical or research-related areas often meet this standard. The broader and more significant your impact, the stronger your case for NIW approval.
Can I apply for an NIW if I was denied labor certification?
Yes. A prior PERM denial does not prevent you from pursuing an NIW since the eligibility requirements are completely different.
Should I apply for NIW if I’m also applying for EB-1?
Since the EB-1 category also allows self-petitioning without a job offer, some applicants may not need an NIW. However, filing in multiple categories—such as EB-1 and NIW—can increase your chances of green card approval. Consult the immigration attorneys at Green Card Link to decide the best strategy.
Do I need to live in the U.S. to apply for an NIW?
No. You can apply from outside the U.S. For instance, internationally recognized researchers, scientists, or professionals with strong records of impact abroad may still qualify.
How many recommendation letters do I need?
Letters of support are not mandatory, but they are highly recommended. Strong recommendation letters from respected experts in your field can significantly improve your chances of approval. They demonstrate that your work is recognized and impactful beyond your immediate environment.
Although not required, few petitions are successful without them.
Can artists or musicians qualify for an NIW?
Yes, but approval can be difficult. Creative professionals must provide compelling evidence that their work has a significant positive impact on U.S. culture, society, or economy. Applicants in the arts should work closely with the immigration attorneys at Green Card Link to build a persuasive case.
Can I file an NIW if I’ve applied under other classifications?
Yes. Applying under multiple categories can increase your chances of approval. However, if you are applying in categories requiring labor certification, the process may take longer.
Can I reuse recommendation letters from my EB-1 petition?
It is generally not recommended, since NIW and EB-1 petitions require letters addressing different legal criteria.
Do I have to work in the same field after my NIW is approved?
Yes. You must continue working in the field that was deemed to be in the national interest. Changing industries could put your green card application at risk.
Do self-employed professionals need an NIW?
Yes. If you are self-employed or own a large stake in your business, you cannot obtain a PERM Labor Certification. An NIW provides a path forward for self-employed entrepreneurs, consultants, and business owners.
How do I prove I can advance my proposed endeavor?
USCIS wants to see that you not only have a project of national importance but also the ability to carry it out successfully. You can prove this with evidence such as:
- A relevant advanced degree in your field
- Prior success in similar endeavors
- Documented progress toward your proposed project
- A clear and detailed business or research plan
The immigration attorneys at Green Card Link can help you determine the strongest evidence to include in your petition.
What is the NIW processing time?
Processing times for NIW cases usually range from 3 to 9 months, though this varies by USCIS Service Center and adjudicating officer. Every case is reviewed individually. Consulting the immigration attorneys at Green Card Link ensures you receive guidance tailored to your circumstances.
How Green Card Link Can Help
At Green Card Link, its immigration attorneys specialize in handling complex EB-2 NIW petitions. They will carefully evaluate your qualifications, build a strong case, and guide you through the entire process. While the answers above cover common questions, every situation is unique. Speaking with an experienced immigration attorney at Green Card Link is the best way to determine your eligibility and develop the strongest petition possible.