EB-2 NIW (National Interest Waiver) Frequently Asked Questions

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What is EB-2 NIW, in simple terms?

The EB-2 National Interest Waiver (NIW) is a green card pathway that allows certain professionals to apply without being sponsored by a U.S. employer. Instead of relying on a specific job offer, the applicant must show that their future work in the United States serves the national interest.

In practice, NIW shifts the focus away from who hires you and toward what you plan to do and why it matters to the country as a whole. This makes NIW particularly suitable for researchers, engineers, entrepreneurs, and professionals whose work is not confined to a single employer or role.

Does an approved EB-2 NIW automatically grant a Green Card? What is the difference between an EB-2 NIW approval and Getting a Green Card?

NIW itself is not a green card. It is a classification within the EB-2 category that allows you to qualify for permanent residence (green card).

When your NIW petition (Form I-140) is approved, USCIS is confirming that you meet the EB-2 NIW standard. However, you must still wait for your priority date to become current before you can file Form I-485 (inside the U.S.) or complete immigrant visa processing through a U.S. consulate abroad.

Can I get a Green Card immediately after my EB-2 NIW is approved?

No. After your EB-2 NIW (I-140) is approved, you must wait until your priority date becomes current under the Visa Bulletin before applying for a green card.

• For Rest of World (ROW) applicants, the wait is typically about 1-2 years.

• For applicants born in India or China, the wait is usually longer due to backlogs.

If you are subject to the J-1 two-year home residency requirement (INA §212(e)), you must also obtain a J-1 waiver before you can file Form I-485 or complete immigrant visa processing.

How Is EB-2 NIW Different From a Regular EB-2 Case?

What exactly does NIW waive?

NIW may waive two requirements that normally apply to EB-2 cases: the labor certification (PERM) and the permanent job offer.

This waiver is not automatic. USCIS grants it only when the applicant can show that enforcing these requirements would be counterproductive to U.S. national interests, such as when the work requires flexibility, speed, or independence that traditional employment sponsorship cannot provide.

Who is NIW usually best suited for?

NIW is often a strong option for professionals whose work has broader implications beyond one employer, such as advancing technology, improving public health, strengthening infrastructure, or supporting economic competitiveness.

It is commonly used by researchers, engineers, founders, product leaders, physicians, and other professionals whose contributions can scale nationally or influence an entire field. In practice, we often see that cases succeed not because the applicant fits a "profile," but because the proposed endeavor is framed in a way that clearly connects individual expertise to national-level needs.

What are the minimum requirements to apply for NIW?

To apply for NIW, you must first qualify under the EB-2 category. This means you must meet the requirements either as an advanced degree professional or as an individual of exceptional ability.

Once that threshold is met, USCIS evaluates whether your case satisfies the NIW standard, which focuses on the importance of your proposed endeavor and whether waiving the usual employment requirements benefits the United States.

What are the education requirements for EB-2 NIW? (PhD vs. Master's vs. Bachelor's)

Do I need a Ph.D. or a Master's degree to apply for NIW?

You do not need a Ph.D. to apply for EB-2 NIW. Applicants may qualify with a master’s degree, or a bachelor’s degree plus five years of progressive experience, as long as they can demonstrate that their work meets the national interest standard.

Can I apply for NIW with only a Bachelor's degree?

Yes. It may still be possible to apply for EB-2 NIW without an advanced degree, depending on how you qualify under the EB-2 category.

In practice, applicants without an advanced degree typically qualify through one of the following pathways:

• Bachelor’s degree + five years of progressive experience

  USCIS may treat a Bachelor's degree combined with at least five years of progressive, post-degree experience as equivalent to an advanced degree for EB-2 purposes.

• Bachelor’s degree + Exceptional Ability

  Applicants may qualify under the exceptional ability category by demonstrating expertise significantly above what is normally encountered in the field, based on professional achievements, recognition, and impact.

In some cases, applicants may meet both standards. When applicable, both can be presented to strengthen the EB-2 foundation before USCIS evaluates the NIW criteria.

As with all NIW cases, meeting the EB-2 threshold alone is not sufficient. Approval ultimately depends on the proposed endeavor’s national importance, whether the applicant is well positioned to advance it, and whether waiving the job offer and labor certification benefits the United States.

What does "exceptional ability" mean in practice?

Exceptional ability is defined by USCIS as a degree of expertise significantly above what is ordinarily encountered in the sciences, arts, or business.

To prove this, you must meet at least three of the following six criteria:

1. Academic Record: A degree, diploma, or certificate from a college or university relating to your area of expertise.

2. 10 Years of Experience: Letters from current or former employers showing at least 10 years of full-time experience in your occupation.

3. License or Certification: A professional license or certification to practice your profession or occupation.

4. High Salary: Evidence that you have commanded a salary or other remuneration that demonstrates your exceptional ability.

5. Professional Memberships: Membership in professional associations that require certain achievements for entry.

6. Recognition: Recognition for achievements and significant contributions to your industry or field by peers, government entities, or professional organizations.

Important January 2025 Update: USCIS now explicitly clarifies that the 5 years of experience must be in the same specialty as your proposed endeavor. You cannot use experience from Field A to support a proposed endeavor in an unrelated Field B.

The "Final Merits" Determination

It is important to understand that meeting three of these criteria is only the first step. Even if you check three boxes, USCIS performs a "Final Merits Determination." They look at your evidence in its totality to decide if it truly shows you have a level of expertise that stands out in your field.

Do I need a U.S. employer or job offer to apply for NIW?

No. NIW allows you to apply without a job offer or employer sponsorship.

That said, you must still present a realistic and well-supported plan for how you will carry out your proposed endeavor in the United States. USCIS wants to understand how your work will move forward, even if it is not tied to a single employer.

Can I sponsor myself for a U.S. Green Card through EB-2 NIW?

Yes. The EB-2 National Interest Waiver is one of the very few employment-based immigrant categories that allows self-petitioning. Applicants do not need a U.S. employer to sponsor them, and no labor certification is required. This makes EB-2 NIW particularly attractive to researchers, entrepreneurs, and professionals who wish to pursue permanent residence independently based on the national importance of their work.

What standard does USCIS use to evaluate NIW cases?

USCIS evaluates NIW petitions using the three-prong framework established in Matter of Dhanasar.

This framework asks whether the proposed endeavor has substantial merit and national importance, whether the applicant is well positioned to advance it, and whether waiving the job offer and labor certification requirements benefits the United States overall. These evaluation factors often become clearer when viewed through real case examples, especially in complex or non-traditional NIW filings.

What is a "proposed endeavor"?

A proposed endeavor describes the future work you intend to pursue in the United States, not simply your current job title or employer.

A strong proposed endeavor explains what problem you are addressing, why that problem matters beyond a local or internal context, and how your work could create a broader impact across an industry, field, or public interest area.

In our experience, the most effective proposed endeavors are not job descriptions, but clearly articulated problem-solution narratives that USCIS officers can easily evaluate.

How do I define a "Proposed Endeavor" that USCIS will actually approve?

The proposed endeavor is the most critical part of an EB-2 NIW petition. It is not merely a job title or professional label. Instead, it is a clear and specific description of the work you propose to carry out in the United States and how that work would benefit the country.

Under current USCIS Policy Manual guidance, an approvable proposed endeavor should be:

Specific and Clearly Defined:
USCIS officers look for a straightforward explanation of what you propose to do. The endeavor should describe concrete activities, objectives, or projects rather than vague or generic professional roles.

Broader Than a Single Employer:
A strong proposed endeavor explains how the work would have broader implications for a field, industry, or area of public interest, rather than being limited to the needs of one employer or organization.

Of Substantial Merit and National Importance:
The endeavor should address a problem or need that has importance beyond the petitioner personally. National importance may be demonstrated through potential impact in areas such as science, technology, healthcare, education, business, or other fields that affect the United States more broadly. Geographic scope alone is not determinative.

Forward-Looking and Supported by the Applicant's Record:
Although the endeavor focuses on future work, USCIS evaluates whether the applicant is well positioned to advance it by examining past achievements, relevant experience, and progress already made.

Strategic Perspective:
At North America Immigration Law Group, we frame the proposed endeavor as a problem-and-solution narrative. Rather than describing the applicant solely by title, we identify a concrete national-level problem and explain how the applicant's proposed work is positioned to contribute meaningful benefits to the United States.

For a deeper dive into how to structure your evidence and to see real-world examples of approved endeavors across various fields, visit our EB-2 NIW Overview Page and NIW Success Story.

What does "national importance" actually mean?

National importance refers to the scope and reach of the impact, not whether the work is funded by the government or conducted nationwide from day one.

USCIS often looks for work that addresses recognized U.S. needs, contributes to economic growth or innovation, improves public welfare, or has the potential for widespread adoption or influence beyond a single organization.

What does "well positioned" mean?

Being well positioned means that your education, experience, and past achievements make it reasonable to expect that you can advance the proposed endeavor.

This is typically shown through a track record of relevant work, leadership or critical roles, recognition from others in the field, and evidence that your work has already been applied, adopted, or relied upon.

How do I prove my "Proposed Endeavor" meets the 2025 USCIS evidentiary standards?

A clearly defined proposed endeavor must be supported by credible, objective evidence. USCIS does not approve NIW cases based on ideas or intentions alone. Under the USCIS Policy Manual, officers evaluate not only how the proposed endeavor is defined, but also whether the petitioner has provided documentary evidence showing the endeavor has substantial merit and national importance, and the applicant is well positioned to advance the endeavor.

Is NIW harder after recent USCIS guidance?

Recent USCIS guidance places greater emphasis onclarity and specificity. Officers are less persuaded by generic descriptions or recycled language and more focused on whether the evidence clearly supports each element of the NIW framework.

We have observed that cases prepared with clear structure and evidence mapping tend to fare better than submissions that rely on volume alone.

What forms are filed for an NIW case?

1. Form I-140 (Immigrant Petition for Alien Worker): An EB-2 NIW petition is filed using Form I-140, which establishes both your EB-2 eligibility and your qualification for a National Interest Waiver.

The I-140 filing must include evidence supporting your educational or professional background, a clearly defined proposed endeavor, and documentation addressing each prong of the NIW standard.

2. Form ETA-9089 (Application for Permanent Employment Certification): While you are requesting a waiver of the actual certification, you must still submit an uncertified version of this form.

3. Optional: Form G-28 (Notice of Entry of Appearance) if you are represented by an attorney.

4. Optional: Form G-1145 (e-Notification of Application/Petition Acceptance) if you wish to receive electronic updates on your case status.

Can NIW be E-filed?

Yes, EB-2 NIW petitions (Form I-140) can be e-filed as of late 2025. After the Form I-140 is submitted and a receipt number is issued, a Premium Processing request (Form I-907) may be filed online using that receipt number.

However, USCIS file-size limits in the e-filing system often require supporting evidence to be divided into multiple PDF uploads. This can disrupt the narrative flow of the case and make it more difficult for adjudicating officers to review individual pieces of evidence in context. In addition, adjustment of status applications must still be filed by paper.

What is the difference between EB-1A (Alien of Extraordinary Ability) and NIW

How has the 2025 USCIS guidance changed EB-2 NIW adjudications?

The January 2025 USCIS guidance did not change the legal standard for EB-2 NIW, but it changed how cases are evaluated in practice.

Adjudicators now place greater emphasis on clarity, specificity, and direct relevance. Generic descriptions or evidence that is not clearly tied to the proposed endeavor carry less weight. Officers are also paying closer attention to whether recommendation letters reflect first-hand knowledge of the applicant’s work, rather than relying solely on prestige or generalized endorsements.

In addition, letters from government agencies, government-funded or quasi-government institutions, national laboratories, and public-interest organizations are often given greater evidentiary weight when available, particularly when they explain how the work aligns with U.S. priorities or serves a broader public interest.

As a result, successful NIW cases tend to be more strategically structured, with clearer framing of the proposed endeavor and more deliberate mapping of evidence to each Dhanasar prong.