United States of America · skilled migration
EB-2 National Interest Waiver (NIW)
Second-preference green card with a waiver of the job offer and PERM labor certification, where the beneficiary’s work is in the US national interest.
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Overview
The National Interest Waiver waives the EB-2 job-offer and PERM labor certification requirements where the beneficiary’s proposed endeavour has substantial merit and national importance, and where the beneficiary is well positioned to advance it. Matter of Dhanasar (2016) set the current three-prong test. NIW is self-petitionable and widely used by researchers, STEM professionals, and some founders.
Processing time
I-140: 6–18 months (premium processing available). Adjustment/consular varies by visa bulletin.
See source window: 6 months – 2.5 years →Government fees
I-140 USD 715; I-485 USD 1,440; premium processing USD 2,805.
Typical duration
Permanent residence.
Primary source
USCIS — Employment-Based Immigration: Second Preference EB-2 · U.S. Citizenship and Immigration Services
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Additional sources
Primary source
USCIS Policy Manual — NIW (Dhanasar framework) · USCIS Policy Manual
Link last verified:
Eligibility
Typical criteria
Qualify as an EB-2 worker: advanced degree (US master’s/PhD or foreign equivalent) or exceptional ability.
Proposed endeavour has both substantial merit and national importance.
The beneficiary is well positioned to advance the proposed endeavour.
On balance, it would be beneficial to the United States to waive the job offer and PERM requirements.
Common blockers
Proposed endeavour framed too narrowly (local rather than national impact).
Thin record of progress or record of success in the proposed field.
Typical evidence
Business plan, research statement, or endeavour statement explicitly mapped to Dhanasar prongs.
Academic credentials and credential evaluation for non-US degrees.
Independent expert letters focused on national importance and candidate fit.
Application pathway
Step 1
Draft endeavour statement
Articulate the proposed US endeavour against Dhanasar prongs.
Step 2
Self-file Form I-140 with NIW request
Submit with evidence package and legal brief.
Step 3
Adjudication
USCIS issues approval, RFE, or denial; premium processing available.
Step 4
Adjust status or consular process
Obtain green card once visa bulletin is current.
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Related routes
EB-1A Extraordinary Ability (Immigrant)
Employment-based first-preference green card for individuals with extraordinary ability — self-petitionable.
EB-3 Skilled, Professional, and Other Workers
Third-preference employment-based green card requiring employer sponsorship and PERM labor certification.
O-1 Individuals with Extraordinary Ability or Achievement
Visa for individuals with extraordinary ability in sciences, education, business, athletics (O-1A) or the arts/film/television (O-1B).
Frequently asked questions
Are STEM PhDs favoured for NIW?
USCIS policy guidance (updated 2022 and since) highlights that endeavours in STEM fields of importance to US competitiveness and national security, particularly those identified on critical and emerging technologies lists, are strong candidates for NIW — though every petition is assessed on its own record.
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