The National Interest Waiver (NIW) is a special pathway that allows qualified foreign nationals to apply for a U.S. green card under the EB-2 employment-based category—without needing to undergo the lengthy Labor Certification process. Normally, employment-based immigrants must have both a job offer and an approved labor certification, but the NIW removes that requirement when the applicant’s work serves the national interest of the United States.
To qualify for a National Interest Waiver, a foreign national must either hold an advanced degree (or its equivalent) or demonstrate exceptional ability in their field. Exceptional ability refers to a level of expertise significantly above that ordinarily encountered in areas such as science, business, or the arts. For those applying based on an advanced degree, at least five years of progressive work experience in the relevant field is typically required.
While these criteria are often straightforward for professionals and researchers, they can seem challenging for entrepreneurs. However, the U.S. Citizenship and Immigration Services (USCIS) has established specific provisions that make it possible for entrepreneurs to qualify for the NIW.
Background: How the National Interest Waiver Works
Most U.S. employment-based visas require sponsorship by an employer who serves as the petitioner and obtains a PERM Labor Certification from the Department of Labor. This certification verifies that there are no qualified U.S. workers available for the position and that hiring a foreign worker will not negatively affect wages or working conditions.
For entrepreneurs, this requirement can pose a major obstacle. Many business founders and self-employed professionals do not have a traditional employer, making it impossible to meet the standard sponsorship criteria. The National Interest Waiver addresses this issue by allowing eligible entrepreneurs to self-petition for a green card without needing a job offer or labor certification. Instead, applicants must show that their work will benefit the United States as a whole.
Benefits of the NIW for Entrepreneurs
One of the most significant advantages of the NIW is that entrepreneurs can bypass the restrictive labor certification process and still enjoy all the benefits of a green card.
Another major benefit is the ability to self-petition—meaning you act as both the petitioner and the beneficiary of your EB-2 green card application. The Department of Homeland Security (DHS) can waive the job offer requirement if it determines that granting the waiver serves the national interest of the United States.
NIW Eligibility Requirements for Entrepreneurs
Although the NIW provides flexibility, it still comes with strict eligibility standards. For years, many entrepreneurs struggled to meet these requirements, leading to confusion and denials. That changed in 2016 when the Administrative Appeals Office (AAO) issued its landmark decision in Matter of Dhanasar, which clarified and updated the NIW framework.
The Matter of Dhanasar (2016): New NIW Standards
The Matter of Dhanasar decision replaced outdated criteria and provided clearer guidance for applicants. Under this ruling, USCIS uses a three-prong test to evaluate National Interest Waiver petitions:
- Substantial Merit and National Importance – The proposed endeavor must have both significant value and national importance.
- Well-Positioned to Advance the Endeavor – The applicant must show they have the qualifications, experience, and resources to carry out the proposed work.
- Balancing Test – On balance, it must benefit the U.S. to waive the job offer and labor certification requirements.
Proving National Importance as an Entrepreneur
Before Matter of Dhanasar, entrepreneurs had to show that their business had “national scope,” which was often difficult for startups operating locally. The updated framework now focuses on potential impact, not geography.
Entrepreneurs can demonstrate national importance by showing that their enterprise has significant potential to create U.S. jobs or generate positive economic effects. Even if your business primarily serves a single city or state, you can still qualify by providing evidence of measurable contributions to the economy or community.
A detailed business plan that outlines your company’s mission, economic projections, and social impact can help satisfy this requirement. USCIS focuses on the proposed endeavor itself rather than your personal background for this first prong.
Demonstrating That You Are Well-Positioned to Succeed
The AAO recognizes that predicting business success is difficult, so entrepreneurs no longer need to prove that their venture will definitely succeed. Instead, you must demonstrate that you are well-positioned to advance your proposed endeavor.
This can include:
- A record of past accomplishments or successful ventures
- Evidence of relevant education, training, or expertise
- Letters of recommendation from experts or clients
- Proof of funding, partnerships, or market demand for your products or services
Showing That Waiving the Job Offer Serves the National Interest
Finally, you must show that it would benefit the United States to waive the requirement for a job offer and labor certification. This can include evidence that your enterprise:
- Creates or supports jobs for U.S. workers
- Advances innovation or technology in critical industries
- Strengthens the U.S. economy or public welfare
If your past achievements demonstrate that your work benefits the country, this evidence can strongly support your case.
NIW Denials for Entrepreneurs
Even qualified applicants may face NIW denials due to inadequate or excessive documentation, misunderstanding USCIS criteria, or presenting evidence that does not directly align with the NIW framework. If your NIW petition has been denied, you may still have options to appeal or refile with stronger evidence and expert legal support.
How Green Card Link Can Help
The immigration attorneys at Green Card Link specialize in helping entrepreneurs navigate the complex National Interest Waiver process. Their experienced team will review your qualifications, prepare persuasive documentation, and ensure your petition aligns with USCIS standards. At Green Card Link, its immigration attorneys understand how to highlight your business’s impact on the U.S. economy and present a strong case for NIW approval.
From developing a compelling business plan to collecting expert testimonials, Green Card Link will guide you through each step with clarity and precision—helping you achieve your goal of permanent residency in the United States.