By Akua Hanson-Kabu
If you’re a highly skilled professional, entrepreneur, researcher, or innovator looking to live and work in the United States—without a job offer—the National Interest Waiver (NIW) might be the best green card option for you. In this article, we’ll walk you through what the NIW is, who qualifies, how to apply, and what you need to know before starting your case.
What is the National Interest Waiver?
Maybe the name sounds familiar or you’ve heard of it, but you don’t exactly know what it is. The National Interest Waiver is part of the EB-2 Green Card Category. It allows applicants to request that the usual job offer and labor certification requirement be waived because it is in the interest of the United States to do so.
The best part about the National Interest Waiver is that you do not need a U.S. employer to petition on your behalf since you can self-petition.
Who is Eligible for the EB-2 NIW?
According to the USCIS Policy Manual, to be eligible under the EB-2 NIW, You must meet at least one of the following:
1. Advanced Degree
- You have a U.S. master’s degree or higher, OR
- You have a foreign equivalent, OR
- You have a U.S. bachelor’s degree + 5 years of progressive work experience in the field
2. Exceptional Ability
You must show a degree of expertise significantly above others in your field (arts, sciences, or business), typically by meeting at least 3 of these 6 criteria:
- Academic degree(s)
- 10+ years of full-time experience
- License or certification in your profession
- High salary compared to others in the field
- Membership in professional associations
- Recognition for achievements and contributions
What Is a Proposed Endeavor in a National Interest Waiver (NIW) Petition?
If you’re applying for a National Interest Waiver (NIW), the U.S. government wants to know:
“What exactly do you plan to do in the United States that makes your presence valuable to the country?”
That’s your proposed endeavor! It’s a description of the specific work, project, research, or professional mission you intend to carry out in the U.S., and why it matters on a national level.
It answers:
- What you plan to do in the U.S.
- How you’re qualified to do it
- Why it’s important to the country
The entire purpose of the NIW is to convince USCIS that your work is so important to the U.S. that they should waive the normal requirement of having a job offer and labor certification.
How to Prove a Strong NIW Petition Using the Dhanasar Framework
- Is the endeavor of substantial merit and national importance?
- Are you well positioned to advance it?
- Would it benefit the U.S. to waive the usual job and labor certification requirement?
To do that, USCIS evaluates your proposed endeavor using the three-part test from Matter of Dhanasar:
Your petition can’t answer these questions unless your proposed endeavor is:
- Clearly defined
- Plausible and realistic
- Connected to national interests (like public health, innovation, economic development, etc.)
How to Determine if Proposed Endeavor is of Substantial Merit?
Substantial merit is demonstrating that your work is valuable. It means what you’re doing has real worth, it helps people, solves problems, improves something, or contributes to a meaningful goal.
Key Questions to Answer in Your Proposed Endeavor to Show Substantial Merit for a National Interest Waiver (NIW)
- Is it useful to society in some way?
- Are you doing something that helps people?
- Does your work have a good purpose?
- Answering these questions in your proposed endeavor, will help demonstrate that your proposed endeavor has substantial merit.
Example of a Proposed Endeavor Demonstrating Substantial Merit for an EB-2 NIW Petition
A researcher plans to develop advanced battery technologies to improve energy storage for solar and wind power across the U.S. This work supports clean energy adoption and helps combat climate change. Because it demonstrates clear value in promoting environmental sustainability and energy security, both vital national priorities, it holds substantial merit under the NIW criteria.
How to Determine if Proposed Endeavor is of National Importance?
National Importance is demonstrating that the work you intend to do within the United States will have an impact on a national level. To meet this requirement, you must show that your work has the potential to benefit the United States more broadly beyond your local community, employer, or immediate circle. It should touch on a national issue or priority, like healthcare, education, the economy, or innovation.
Key Questions to Answer in Your Proposed Endeavor to Prove National Importance for a National Interest Waiver (NIW)
- Who benefits from my work beyond my immediate job or location?
- Would this matter to a federal agency or national organization?
- Is there proof my work is solving a problem that affects the U.S. as a whole?
Example of a Proposed Endeavor Demonstrating National Importance for an EB-2 NIW Petition
A researcher aims to develop advanced battery technologies to improve energy storage for solar and wind power across the U.S. This work has a broad impact not only within the field of renewable energy but also across multiple national priorities—such as environmental sustainability, economic development, and public health. Because of its far-reaching impact beyond the energy sector, this endeavor holds national importance under the EB-2 NIW criteria.
How to Tell If You Have a Strong Profile for an EB-2 NIW Petition
To determine whether you have a strong profile, it is important to discuss the third prong of Dhanasar – “well-positioned”. One of the key requirements of the EB-2 National Interest Waiver (NIW) is showing that you are well-positioned. Being well-positioned is not about how many degrees you have, how many papers you’ve published, or how long your resume is. Instead, it’s about how well your background connects to what you say you plan to do.
USCIS wants to see that your education, experience, and achievements are directly relevant to your proposed endeavor—and that they give you a realistic chance to succeed in carrying it out.
You don’t need to be a world-famous expert, but you do need to show that you’re qualified and credible. In short, you need to demonstrate that you’re the right person for the work you’ve proposed.
It’s Not About Quantity, It’s About Fit
Many people assume they need a long list of awards, advanced degrees, or high citation counts to qualify for an NIW. But that’s not necessarily the case. What matters more is whether your credentials, experience, and prior work are clearly connected to your proposed endeavor.
For example, a person with two advanced degrees and no real-world experience may have a weaker case than someone with fewer formal credentials but a proven track record of results in their field, as long as that track record is relevant to the proposed work.
Evidence That Shows You’re Well-Positioned
To strengthen your NIW petition under this prong, consider including:
- Evidence of past work or projects similar to your proposed endeavor
- Letters from experts confirming your ability to advance this specific work
- Documentation of training, education, or experience that directly supports your plan
- Proof of momentum—such as speaking invitations, media coverage, or partnerships
- Funding, grants, or institutional support tied to your endeavor
The key is to show that your professional background has prepared you to move this proposed work forward—and that you’re already making progress.
I don’t have any publications or citations. Can I still apply for the EB-2 NIW?
Yes, absolutely. You don’t need publications or citations to apply for the EB-2 NIW. While they can help, they’re not required. What really matters is whether your background and experience are relevant to the work you’re proposing and whether you can show that you’re well-positioned to move that work forward.
On balance?
The final prong, the “on balance” determination, can feel the most abstract, but it’s an important part of the review process.
So, what does it actually mean? And how do you meet it?
Understanding the “On Balance” Test
The full language of the third prong says:
“On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.”
Essentially, USCIS asks: Do the benefits of your work in the U.S. outweigh any potential drawbacks, especially regarding the impact on U.S. workers?
Key Factors USCIS Considers in the Balancing Test
- How your Work Impacts U.S. Workers: The labor certification process exists to protect American workers by making sure there are no qualified U.S. candidates before hiring a foreign worker. With an NIW, you have to show that the benefits your work brings to the country are significant enough to outweigh the need for this protection.
- National Interest: USCIS looks at how your contributions in fields like healthcare, technology, education, or other important areas serve the national good. Your work needs to have a clear positive effect that justifies bypassing the usual green card process.
- Whether there is a Urgency or Need: If your proposed endeavor addresses a pressing issue facing the country—like a critical healthcare shortage or advancing clean energy—this urgency can tip the scale in your favor.
- Your Qualifications: The stronger your background—your education, experience, and track record—the more likely USCIS will find that the balance tips toward approving your NIW.
- Scope and Impact of Your Work: The broader the impact of your work, especially if it affects multiple states or the entire country, the more favorable the balancing test will be.
Why This Matters for Your NIW Profile
The “on balance” prong is the final decision point. Even if you meet the first two prongs (substantial merit and national importance, and being well-positioned), USCIS can still deny your petition if they feel the overall benefit doesn’t justify skipping the standard green card process.
This is where your petition needs to tell a cohesive story. Your proposed endeavor should connect directly to your experience. Your work should have a meaningful and wide-reaching impact. And it should be clear that approving your NIW is in the national interest—even without a U.S. employer sponsoring you.
Can I Still Apply for an NIW if I am not in a STEM field?
Yes, you can. The EB-2 National Interest Waiver isn’t limited to STEM (science, technology, engineering, and math) fields. While many successful applicants do work in STEM because of the clear national interest in those areas, the NIW is open to professionals in a wide range of fields.
If your proposed endeavor benefits the U.S. broadly and you can show you have the skills and experience to carry it out, you can have a strong case for an NIW — even if you’re not in a STEM field.
Can I Apply for an EB-2 NIW from Outside the U.S.?
Yes, you can apply for the EB-2 National Interest Waiver even if you’re currently living outside the United States. The NIW petition is filed with USCIS, and once approved, you can apply for an immigrant visa through a U.S. consulate or embassy in your home country.
Can I Apply for an EB-2 NIW with my Spouse and Children?
Absolutely. When you apply for the EB-2 National Interest Waiver, your spouse and unmarried children under 21 years old can be included as derivative beneficiaries on your petition. This means they can apply for green cards along with you.
If your NIW petition is approved, your spouse and children can either apply for adjustment of status if they’re in the U.S., or go through consular processing if they are abroad.
Including your family members is an important part of the process, so be sure to include them in your application and provide the necessary documentation.
Do I Need an Attorney for My EB-2 NIW Petition?
While it’s not required to have an attorney to apply for an EB-2 NIW, working with an experienced immigration lawyer can make a big difference. The NIW process involves complex legal standards and detailed evidence requirements. An attorney can help you understand if you qualify, gather the right documentation, craft a strong petition, and avoid common pitfalls that could delay or jeopardize your case.
If you want the best chance at success and peace of mind throughout your application, consulting with an immigration attorney is highly recommended.
Schedule a Consultation for your EB-2 NIW Petition
Here at Radiant Law, we work closely with clients who want to apply for an EB-2 NIW petition. Contact us to get started and ensure you have the support you need every step of the way.
