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EB-2 National Interest Waiver (NIW)

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.

Schedule a consultation with an EB-2 NIW immigration lawyer

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:

  1. Bypass the Department of Labor process
  2. 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:

  1. Your “proposed endeavor” has substantial merit and national importance.
  2. You are well-positioned to advance the proposed endeavor.
  3. 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
EB-2 National Interest Waiver (NIW) Lawyer Graphic 1

What Are The EB-2 NIW Costs?

The EB-2 NIW fees include:

  • Form I-140 Filing Fee: $715
  • Asylum Program Fee: $300

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.”

Shilpa Malik

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

Frequently Asked Questions

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.

An EB-2 with a NIW is typically adjudicated within 8 months, but premium processing can speed up the timeline to 45 business days.

The EB-2 NIW rejection rate was 46% in Q3 of FY 2025.

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.

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.

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.

Reviews From Our Clients

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Dillon Hakels
31 August 2026
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Miss Shilpa, Steve and their entire team has been a great support during my entire immigration journey, be it the stressful process of the H1B lottery or the entire process of getting the green card, they were there at every step to guide my employer and myself through all the stages in the past 3 years. They were always responsive and would advise best their knowledge. I would definitely recommend visa nation to anyone who is looking to start their immigration process.
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Nargis N
5 August 2026
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I wanted to take a moment to express my heartfelt gratitude to Attorney Malik and Steve for their unwavering support, guidance, and dedication throughout our immigration journey. Our case was an incredibly complex J-1 to Adjustment of Status through marriage case—one that many attorneys were hesitant to take on because of its challenges. From our very first consultation, Attorney Malik's extensive knowledge, confidence, and experience were evident. She accepted our case without hesitation, giving us hope and reassurance during what felt like an overwhelming process. This journey has been long and filled with unexpected obstacles and countless curveballs along the way. Despite every challenge we encountered, Attorney Malik navigated each one with remarkable professionalism, determination, and expertise. Her strategic approach and commitment to our case allowed us to overcome hurdles that at times seemed impossible. I am equally grateful to Steve, whose consistent support, guidance, and encouragement made the process much less stressful. Knowing that we had a team who genuinely cared about our case and was always willing to answer our questions gave us tremendous peace of mind. I cannot thank Attorney Malik and Steve enough for everything they have done. Their dedication, compassion, and exceptional legal expertise made all the difference in our case. I would wholeheartedly recommend them to anyone seeking experienced, trustworthy, and knowledgeable immigration attorneys. We are forever grateful for their hard work and for helping us achieve such an important milestone in our lives.
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Phillip Gunter
21 July 2026
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Shilpa and Steve have been tremendously professional throughout my journey obtaining my greemcard as an eb3 applicant. Truth be told legal advice costs dearly in any industry. However, you get what you pay for. Shilpa and Steve at visa nation are professional, precise,and meticulous. They have been pinnacle in the success of my greencard, which I just received. My advice to any future client would be to stay the course, follow their advice, they are experts in the field, and understand that applying for a greencard is a minefield that takes many years to navigate, and it does cost a great deal in fees. I would not do it without only the best immigration attorney. Shilpa has shown me she is the best, and Steve is a total professional. Thank you Shilpa and Steve
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Vasily
17 July 2026
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Keenan was assisting me with the details of family based green card sponsorship. He quickly understood the details of my situation and, compared to my past experiences, answered my questions and addressed my concerns to perfection.
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Anudeep JS
22 June 2026
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I had an excellent experience with VisaNation Law Group. Attorney Katiana was professional, knowledgeable, and very responsive throughout the process. She explained everything clearly, guided me step by step, and made the entire experience much smoother. I truly appreciate her hard work and support, as well as the support of the whole VisaNation team. I would highly recommend them for immigration-related legal services.
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Nouriene
10 June 2026
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I cannot express enough gratitude for the exceptional work Ms.Shilpa did on our E2 case. Her response to our RFE was nothing short of brilliant, strategic, thorough, and crafted with a level of care that truly changed the outcome of our lives. We came to Shilpa and her team in a very difficult situation. We had received a complex RFE on our E-2 Treaty Investor visa, with a tight deadline and multiple serious issues raised by USCIS. We had previously worked with another attorney who led us to a complex RFE, under significant time pressure. Shilpa took on our case with professionalism and dedication. She developed a sophisticated legal strategy, prepared a comprehensive and well-documented response, and addressed every single issue USCIS raised with clarity and precision. Her knowledge of E-2 immigration law and her ability to navigate a complex structure was exceptional. Most importantly, our case was APPROVED on the SAME DAY USCIS received our RFE response. The result speaks for itself. 🎉 We are deeply grateful to Shilpa and the VisaNation team for their hard work, honesty, and commitment to our case. We would highly recommend them to anyone navigating a complex immigration matter
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Vannisia
7 June 2026
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Visa nation law group is absolutely one of the best law firms I came across. They helped me tremendously to get my green card . Their staff was very knowledgeable, responsive, fast acting team .they provided clear consistent communication with my husband and I through the whole green card process. Took away all my fears and anxiety and did an excellent job on our paper work and also great preparation for the interview. Our whole process was a smooth one .from start to finish. Not to mention Steve he's awesome . If I emailed him about something he's answering right a way or before the end of day . I can't state enough what a great experience I had with this firm and will refer friends and family in a heartbeat. Keep up the great work , you guys rock !
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David Coggan
2 May 2026
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Shilpa and her team were wonderful throughout our green card application process. Due to large backlogs at USCIS, it was a rocky, multi-year process and at one point my wife had to return to her home country, but Shilpa was consistently there for us. Her predictions were always accurate, her responses were always prompt, and she provided fantastic guidance and even emotional support at times. I am delighted to say that both our green cards are now in the mail and we can start planning the rest of our lives together here in the US! We are so grateful to Shilpa and her team for getting us to this point, we couldn't have done it without them!
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Arun Kapilan
28 April 2026
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I had a very positive experience working with VisaNation Law Group, especially Shilpa Malik, for my employment visa and green card process. What stood out the most was their expertise , timeliness and communication throughout the entire case. The process can often feel complex and overwhelming, but Shilpa and the team handled everything with a high level of professionalism and deep knowledge of immigration procedures. Their clear guidance and efficient handling of documentation made the overall experience smooth and stress-free. I would highly recommend VisaNation Law Group and Shilpa Malik to anyone seeking assistance with employment-based immigration matters.
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Berke Buyukkucak
27 March 2026
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I had an excellent experience working with the team at VisaNation Law Group. They helped me successfully navigate both my O-1 visa and my green card process, which are extremely complex and high-stakes applications. From the very beginning, their team was organized, responsive, and deeply knowledgeable about immigration law. They guided me through every step of the process, from structuring the O-1 petition to preparing the documentation needed for permanent residency. Their attention to detail and understanding of the legal requirements gave me a lot of confidence that my case was being handled correctly. What stood out most was how proactive and communicative they were. Immigration filings require extensive documentation and strict compliance with USCIS rules, and their team clearly knows how to navigate those complexities effectively. If you are pursuing an O-1 visa, employment-based green card, or any complex immigration case, I strongly recommend working with them. Their professionalism, expertise, and responsiveness made a stressful process much smoother.
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