Securing a National Interest Waiver (NIW) for an EB-2 visa is challenging, but it offers a streamlined and rewarding path to a U.S. green card for highly qualified professionals. With the right strategy, strong supporting evidence and an experienced attorney, applicants can significantly enhance their chances of success.
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What is the National Interest Waiver for EB-2 Visa?
The National Interest Waiver petition is a request to waive the labor certification requirements for an employment-based visa, arguing that granting the waiver would be beneficial to the United States. If granted, you will be able to:
- Bypass the Department of Labor process
- Self-petition for your EB-2 without sponsorship from a U.S. employer.
What Are the Eligibility Requirements for a National Interest Waiver?
To qualify for a National Interest Waiver, individuals must first ensure they meet the qualifications for an EB-2 visa, either:
- An advanced degree, including a U.S. Master’s, Doctorate (Ph.D., J.D., M.D.), or foreign equivalent
- or exceptional ability
To qualify for the national interest waiver, your petition must pass the three-prong “Matter of Dhanasar” test:
- Your “proposed endeavor” has substantial merit and national importance.
- You are well-positioned to advance the proposed endeavor.
- Waiving the job offer and labor certification requirements would benefit the United States
Revised USCIS Guidance on NIW Eligibility
In this video, our team explains some important EB-2 NIW points, including:
- Special consideration to STEM degree holders if their work supports critical technologies or U.S. national security
- The EB-2 NIW category is now more difficult to obtain due to increased evidence requirements and more.
- Special considerations for business professionals who can demonstrate their business goals in relation to national priorities
How To Apply for an EB-2 National Interest Waiver
1
Step 1
File Form I-140 (Immigrant Petition for Alien Worker) with Supporting Documentation
The first step of applying for the National Interest Waiver is filing the I-140 petition. The supporting documentation depends on the specific field of your proposed endeavor and academic qualification, job experience, and biographic data. Some of the generally required items for the NIW process include:
- A copy of your passport
- Proof of your current non-resident status in the U.S., if applicable
- A copy of your most recent I-94 (front and back)
- Recommendation letters
- A copy of your highest academic qualification with records or transcripts
- A copy of your resume
- Evidence of peer review
- Evidence of citation record of your work
- A professional journal in which your work(s) have been published
- NIW petition cover letter
These documents must be presented, drafted, and addressed according to the USCIS requirements to avoid rejection. Inadequate preparation of your NIW petition and documents is a direct route to a Request for Evidence (or RFE).
Your letters of petition, recommendation, and resume must demonstrate your eligibility for an NIW and show that your request meets each of the three prongs of the National Interest Waiver requirements.
2
Step 2
Wait for USCIS Decision
USCIS will review the petition and either approve the petition, request further information (RFE), or deny the petition. With the USCIS denial rate of NIW petitions in the 3rd quarter of FY 2025 at nearly 46%, it is recommended to hire a highly experienced attorney to provide legal assistance.
3
Step 3
File your Green Card Application
After I-140 approval, you can now file for your green card. You will either:
- If you are outside the United States, you will begin the process of consular processing
- If you are inside the United States, you will apply for adjustment of status using Form I-485
What Are The EB-2 NIW Costs?
The EB-2 NIW fees include:
- Form I-140 Filing Fee: $715
- Asylum Program Fee: $300
Our EB-2 NIW Attorney Fees
VisaNation’s EB-2 NIW fees cost $5,900.
VisaNation’s Experience with EB-2 NIW Visas
Our firm has provided legal assistance to numerous U.S. companies and individuals to secure National Interest Waivers for their EB-2 visas. Obtaining EB-2 NIWs is one of our employment immigration specializations. This is what Shilpa Malik, our leading business immigration lawyer with vast experience petitioning for EB-2 NIW Waivers, had to say about our practice in this area:
“EB-2 NIW green cards are one of the most highly sought-after employment immigration pathways for international workers, and of all employment-based categories, the most scrutinized. Our personalized approach, attention to detail, and expertise in obtaining NIWs can increase your chances of success and save you time and stress. Let us help you achieve your employment immigration goals.”
VisaNation Managing Attorney
Our Recent Success Stories
One of our recent EB-2 NIW success stories involved assisting a senior medical physicist with multiple degrees and certifications to secure approval for an EB-2 green card via the National Interest Waiver (NIW).
The client was initially declined for EB-1A, which made the NIW application complex. However, after the firm gathered the necessary evidence and convincingly argued the case, our client’s employment immigration proceedings became a success.
How VisaNation Can Help
The EB-2 NIW National Interest Waiver process requires thoroughness and meticulous documentation. With the help of one of our NIW lawyers, you can greatly improve your chances of being approved. VisaNation Law Group’s highly experienced NIW lawyers have helped countless foreign nationals file their NIW petitions and obtain their green cards. We help you with your case and guide you through the process from start to finish.
Speak with a qualified EB-2 NIW Attorney
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Frequently Asked Questions
Is it difficult to get an EB-2 NIW
With high USCIS rejection rates of national interest waivers relative to other categories, EB-2 petitions can be difficult to secure approvals. However, with thorough documentation, strong evidence, and legal guidance, the EB-2 NIW is an excellent route due to its benefits of self-petitioning and avoiding the PERM process.
How long does the national interest waiver take?
An EB-2 with a NIW is typically adjudicated within 8 months, but premium processing can speed up the timeline to 45 business days.
What is the EB-2 NIW rejection rate?
The EB-2 NIW rejection rate was 46% in Q3 of FY 2025.
Can I book a consultation with immigration experts for EB2 NIW online
Yes, our team includes attorneys specializing in the EB-2 NIW. We provide consultations to go over your profile, chances of securing the visa, and alternatives if necessary.
What is the difference between EB-2 and EB-2 NIW
The difference between the EB-2 and EB-2 NIW is that the NIW waives the job requirement (no sponsor needed) and the PERM labor certification process. The job requirement and PERM labor certification process are core requirements of the standalone EB-2.
Can I file EB-2 NIW by myself?
Yes, it is possible to file the EB-2 NIW yourself. This is one of the core advantages of the NIW - an employer does not need to file the EB-2 NIW on your behalf. However, we recommend having an attorney to file the petition for you, as the chances of rejection are high without an attorney to review the case.