National Interest Waiver

EB-2 Green Card

The EB-2 National Interest Waiver (NIW) is an exception of EB-2 immigrant visa classification which usually requires a certified labor certification. The EB-2 NIW waives the job offer and a labor certification as long as the petitioner can show his/her exceptional ability in the sciences, arts, or business, and it is in the interest of the United States. EB-2 NIW may be self-petitioned without a sponsorship of a U.S. employer.

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EB-2 NIW Green Card Eligibility

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At least 3 criteria must be met below to prove “exceptional ability”:

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  • Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability.
  • Letters from current or former employers documenting at least 10 years of full-time experience in your occupation.
  • A license to practice your profession or certification for your profession or occupation.
  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability.
  • Membership in a professional association(s).Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations.
  • Other comparable evidence of eligibility is also acceptable.

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In addition, the petition must also meet the three prongs stated in “Matter of Dhanasar”:

  • The person’s proposed endeavor has both substantial merit and national importance.
  • The person is well positioned to advance the proposed endeavor.
  • On balance, it would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirements.

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Family Dependents’ Green Card

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Spouse and unmarried children under the age of 21 may be eligible for green card application with the EB-2 NIW self-petitioner. They will file separate Form I-485 in the U.S. or immigrant visa application abroad.

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How to Apply?

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  • Self-petition by filing Form I-140 and ETA 9089 or ETA 750B with documentary evidence with USCIS. Form I-485 Adjustment of Status can be filed concurrently with Form I-140 provided that the NIW self-petitioner is in the U.S. and an immigrant visa is available.
  • If the NIW self-petitioner is abroad, a consular processing is required for the application of an immigrant visa.
  • The National Visa Center will review and send the immigrant visa application to the designated U.S. consulate abroad, where hosts the visa interview.
  • An immigrant visa will be issued for the entry to the U.S. as a permanent resident.