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National Interest Waiver (NIW)

A national interest waiver (NIW) is an option within the EB-2 green card category that waives the usual job offer and PERM labor certification requirements because the applicant's work benefits the United States. Applicants can file for themselves on Form I-140.

Written by the NorthAmericans Editorial TeamLast verified: Expert review in progress
On this page
  1. The three-part test
  2. Frequently asked questions
  3. Official sources

The three-part test

You must first qualify for EB-2, with an advanced degree or exceptional ability. Then USCIS applies the test from Matter of Dhanasar (2016):

  1. Your proposed work has substantial merit and national importance.
  2. You are well positioned to advance it.
  3. On balance, it would benefit the US to waive the job offer and labor certification.

NIW is popular with researchers, engineers, doctors, and entrepreneurs. Approval does not skip the visa bulletin line, which can be long for India and China. Compare with extraordinary ability. See EB-2 NIW and EB-1A vs EB-2 NIW.

Frequently asked questions

Do I need a job offer for NIW?

No. That is the main advantage. You can self-petition.

Can I use premium processing for NIW?

Yes, for the I-140, though the guaranteed time frame is longer than for most petitions.

Is NIW easier than EB-1A?

The bar is generally lower, but EB-2 waits can be longer for some countries.

Official sources

  1. USCIS: EB-2uscis.gov

General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.