What is NIW? Complete Guide to the National Interest Waiver
The National Interest Waiver (NIW) is an EB2 employment-based green card category that allows you to self-petition without an employer sponsor or labor certification. This guide covers the three-prong Dhanasar test, who qualifies, how NIW compares to EB1A, and the complete step-by-step filing process.
What is the National Interest Waiver (NIW)?
The National Interest Waiver is a special provision within the EB2 (Employment-Based Second Preference) green card category. It allows qualified individuals to bypass two normally required steps: the employer-sponsored job offer and the PERM labor certification process.
Under standard EB2 rules, you need a U.S. employer to sponsor you, and that employer must complete the lengthy PERM (Program Electronic Review Management) labor certification — a process that can take 12-18 months and proves that no qualified U.S. worker is available for the position. With an NIW, both of these requirements are waived because your work is deemed to be in the national interest of the United States.
The NIW is codified in INA Section 203(b)(2)(B) and the regulations at 8 CFR 204.5(k). In 2016, the precedent decision Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), replaced the older Matter of New York State Department of Transportation (NYSDOT) test with a new, more flexible three-prong framework that is used today.
Like EB1A, NIW is a self-petition category — you file Form I-140 on your own behalf. This makes it one of only two employment-based green card categories (along with EB1A) where you don't need an employer to sponsor you.
The Three-Prong Test (Matter of Dhanasar)
To qualify for an NIW, you must satisfy all three prongs of the Dhanasar test. Unlike EB1A where you need 3 of 10 criteria, here you must meet all three prongs:
Your proposed endeavor must have substantial merit and national importance. USCIS looks at whether your work has broad implications beyond a specific locality or employer.
"Substantial merit" is evaluated across many fields: business, entrepreneurship, science, technology, culture, health, education, and more. The work does not have to be STEM-related. USCIS has approved NIWs for entrepreneurs, artists, teachers, and healthcare professionals.
"National importance" does not mean that every person in the U.S. must benefit. It means the impact extends beyond a local area. For example, a researcher working on cancer treatment has national importance even though their lab is in one city, because the results benefit the nation. An entrepreneur creating jobs and economic activity can also demonstrate national importance.
Key evidence: Research publications showing broad impact, business plans with national scope, letters from experts explaining the importance of your field, government reports identifying your area as a national priority.
You must show that you are well-positioned to advance your proposed endeavor. This prong examines your qualifications, track record, and ability to execute your proposed plan.
USCIS considers factors including: your education, skills, and expertise; your record of success in related or similar efforts; a plan or model for future activity; any progress you've already made toward your goal; and interest from potential customers, users, investors, or other relevant entities.
This is essentially a "can you actually do what you say you'll do?" test. A PhD in machine learning who proposes to advance AI research is well-positioned because of their education and publication record. An entrepreneur with a track record of building successful companies is well-positioned to create new economic activity.
Key evidence: Degrees, certifications, and licenses; publication and citation record; past projects and achievements; business plans; letters of intent from customers or partners; grant funding or investor interest.
The third prong is the core "national interest" analysis. You must demonstrate that, on balance, it would be beneficial to the United States to waive the requirement of a job offer and labor certification.
USCIS balances several factors: Is the work urgent enough that requiring an employer to go through PERM would be impractical? Would requiring a specific job offer unduly restrict the applicant's work? Are the contributions so significant that the nation benefits from granting flexibility?
This prong is where many petitions struggle. You must argue that the normal labor certification process would not serve the national interest in your case — for example, because your work is self-directed, because your contributions have broad impact regardless of specific employer, or because the PERM process would cause undue delay in important work.
Key evidence: Expert letters explaining why your work transcends a single employer; evidence that your contributions have impact regardless of employment setting; documentation that PERM would be impractical for your situation; evidence that your proposed endeavor serves an urgently needed national priority.
Key Difference from EB1A
While EB1A looks backward at your past achievements (sustained acclaim), NIW is more forward-looking — it evaluates your proposed endeavor and your ability to advance it in the future. This makes NIW accessible to earlier-career professionals who have strong potential but may not yet have the sustained track record needed for EB1A.
Who Qualifies for NIW?
To file for an NIW, you must first qualify for the underlying EB2 category. This means you must demonstrate either:
Advanced Degree
A U.S. master's degree or higher, or a foreign equivalent. A U.S. bachelor's degree plus 5 years of progressive experience in the specialty is also accepted as equivalent to a master's degree.
Exceptional Ability
A degree of expertise significantly above that ordinarily encountered in your field. You must meet at least 3 of 6 criteria: degree, 10+ years experience, professional license, high salary, membership in professional associations, or recognition for achievements.
In practice, most NIW petitioners qualify through the advanced degree route because many hold master's or doctoral degrees. However, professionals with bachelor's degrees plus 5+ years of relevant experience can also qualify.
Common NIW applicants include:
- Researchers and PhD holders in STEM fields with publications and ongoing research
- Engineers and technologists working on innovative projects with national impact
- Healthcare professionals (physicians, nurses, medical researchers) especially in underserved areas
- Entrepreneurs with business plans that create jobs or advance technology
- Educators developing innovative curricula or teaching methodologies
- Business professionals with advanced degrees and significant industry contributions
NIW vs EB1A: Which Should You Choose?
Both NIW and EB1A are self-petition categories, but they have significantly different requirements, timelines, and strategic implications. Here's a detailed comparison:
| Factor | NIW (EB2) | EB1A |
|---|---|---|
| Legal Standard | Three-prong Dhanasar test (national interest) | 3 of 10 criteria + totality of evidence (extraordinary ability) |
| Evidence Focus | Forward-looking: proposed endeavor and ability to advance it | Backward-looking: sustained national/international acclaim |
| Education Requirement | Advanced degree or exceptional ability required | None — purely achievement-based |
| Self-Petition | Yes — no employer needed | Yes — no employer needed |
| PERM Required | No (waived) | No |
| Priority Date Category | EB2 — may have significant backlog (India/China) | EB1 — typically current for most countries |
| Premium Processing | Available (45 business days) | Available (15 business days) |
| Difficulty Level | Moderate — requires strong proposed endeavor argument | Higher — requires sustained acclaim at the top of your field |
| Filing Fee (I-140) | $700 | $700 |
| Best For | Early-to-mid career professionals, researchers, entrepreneurs, healthcare workers | Established achievers, India/China-born applicants who need faster priority dates |
Dual Filing Strategy
Many applicants file both EB1A and NIW simultaneously. If your EB1A is approved, you benefit from the faster EB1 priority date. If only NIW is approved, you still have a path to the green card. The additional cost is just one more I-140 filing fee ($700). Read our EB1A guide.
NIW vs Regular EB2: Why the Waiver Matters
The regular EB2 process requires an employer to sponsor you. Here's why the NIW waiver is so valuable:
Regular EB2: Employer-Dependent
Your employer must file PERM labor certification (6-18 months), then file I-140 on your behalf. If you change employers, the PERM process restarts. You are tied to that employer until the green card is approved. The total process from PERM filing to green card can take 3-7+ years.
NIW: Self-Petition Freedom
You file I-140 yourself, skipping the entire PERM process. You can change employers freely without affecting your petition. No employer dependency, no prevailing wage requirement, and no recruitment advertising. The petition belongs to you, not your employer.
This independence is why NIW is especially popular among H-1B holders who want green card flexibility, professionals planning to start their own businesses, and anyone who doesn't want their immigration status tied to a single employer.
Step-by-Step NIW Application Process
Here is the complete process for filing an NIW petition:
Confirm EB2 Eligibility
Verify that you meet the EB2 baseline: an advanced degree (master's or higher, or bachelor's + 5 years experience) or exceptional ability. Gather your degree certificates, transcripts, and credential evaluations if your degree is from outside the U.S.
Define Your Proposed Endeavor
Clearly articulate what you plan to do in the U.S. and why it has substantial merit and national importance. This is the foundation of your NIW case. See our proposed endeavor guide for detailed guidance and examples.
Gather Supporting Evidence
Collect evidence that addresses all three prongs: publications, citations, patents, business plans, award certificates, employment verification, media coverage, client testimonials, and any documentation showing your work's national impact. All foreign-language documents need certified English translations.
Obtain Recommendation Letters
Request 5-8 letters from experts who can speak to your proposed endeavor, qualifications, and the national importance of your work. Include both dependent (colleagues, supervisors) and independent (experts who know your work by reputation) recommenders. Each letter should specifically address the three Dhanasar prongs.
Write the Petition Letter
Draft a comprehensive petition letter (typically 15-30 pages) that systematically argues how you satisfy all three prongs of the Dhanasar test. Reference the legal framework, cite relevant case law, and connect your evidence to each prong. See our petition letter template guide.
Complete and File Form I-140
Fill out Form I-140, selecting the EB2 category and indicating you are requesting a National Interest Waiver. Submit with the $700 filing fee and optionally the $2,805 premium processing fee (Form I-907). File by mail to the designated USCIS service center or online through myUSCIS.
Wait for Decision or Respond to RFE
If USCIS needs additional evidence, they will issue an RFE (Request for Evidence). You typically have 84 days to respond. After approval, proceed with I-485 adjustment of status (if in the U.S.) or consular processing (if abroad). If your EB2 priority date is not current, you may need to wait before filing I-485.
Common Fields and Occupations That Qualify
NIW petitions have been approved across a wide range of fields. Here are some of the most common:
NIW Processing Timeline
Understanding the NIW timeline helps you plan your immigration strategy:
| Stage | Regular Processing | Premium Processing |
|---|---|---|
| Petition Preparation | 2-4 months | 2-4 months |
| I-140 Adjudication | 8-14 months | 45 business days |
| RFE Response (if issued) | Up to 84 days + additional processing | Up to 84 days + 45 business days |
| Priority Date Wait | Varies by country of birth (current for most; years for India/China) | |
| I-485 / Consular Processing | 6-18 months after priority date becomes current | |
Priority Date Backlog for India and China
EB2 priority dates for India and China-born applicants currently have multi-year backlogs. This is the main disadvantage of NIW compared to EB1A, which typically has current priority dates. If you were born in India or China, consider a dual filing strategy (NIW + EB1A) to get the earliest possible priority date.
Advantages of the NIW
Self-Petition (No Employer Needed)
File on your own behalf. Change employers freely without restarting the process. Your green card petition belongs to you.
No PERM Labor Certification
Skip the 12-18 month PERM process. No prevailing wage requirement, no recruitment advertising, no employer dependency.
Lower Bar Than EB1A
NIW requires "national interest" — a lower threshold than EB1A's "extraordinary ability." Accessible to earlier-career professionals with strong potential.
Concurrent Filing
If your EB2 priority date is current, you can concurrently file I-140 and I-485, getting an EAD (work permit) and advance parole while your case is pending.
Frequently Asked Questions
Do I need a job offer to file NIW?
No. The entire point of the NIW is to waive the job offer requirement. You can file on your own behalf regardless of your current employment situation. You can be employed, self-employed, or even between jobs when you file.
Can I file NIW without a master's degree?
Yes, through two paths. First, a bachelor's degree plus 5 or more years of progressive experience in your specialty is treated as equivalent to a master's degree for EB2 purposes. Second, you can qualify under the "exceptional ability" route by meeting 3 of 6 specific criteria, which doesn't strictly require an advanced degree but does require demonstrating expertise above the norm.
What is a "proposed endeavor" and how specific does it need to be?
Your proposed endeavor is a description of what you plan to do in the United States. It should be specific enough to be evaluated but broad enough to not lock you into a single role. For example, "advance machine learning applications in healthcare diagnostics" is better than either "work in tech" (too broad) or "develop a specific algorithm for hospital X" (too narrow). See our proposed endeavor guide.
How many recommendation letters do I need for NIW?
There is no strict minimum, but 5-8 letters is the recommended range. Include a mix of dependent recommenders (supervisors, colleagues) who can speak to your specific work, and independent recommenders (experts in your field who know your work by reputation) who carry more weight. Each letter should address the three Dhanasar prongs.
Can I file NIW while on H-1B, F-1 OPT, or L-1?
Yes. Filing an I-140 does not affect your current nonimmigrant status. NIW is dual-intent compatible, meaning you can maintain your current visa status while your green card petition is pending. This is especially valuable for H-1B holders approaching the 6-year limit.
Should I file NIW and EB1A at the same time?
Dual filing is a common and smart strategy, especially for India and China-born applicants. If EB1A is approved, you get the faster EB1 priority date. If only NIW succeeds, you still have a green card path. The cost is just one additional I-140 filing fee ($700). Many immigration attorneys recommend dual filing for clients who have borderline EB1A qualifications.
What is the NIW approval rate?
USCIS does not publish separate approval rates for NIW petitions. Industry data suggests that well-prepared NIW petitions have a strong approval rate, though RFEs are more common than for EB1A. The key factors are a clearly defined proposed endeavor, strong evidence of national importance, and a petition letter that systematically addresses all three Dhanasar prongs.
Can entrepreneurs file NIW?
Yes. The Dhanasar framework explicitly recognized entrepreneurship as a valid basis for NIW. Entrepreneurs can argue that their business creates jobs, generates economic activity, advances technology, or otherwise serves the national interest. Strong business plans, investor backing, revenue projections, and evidence of existing traction all help.
Not Sure if NIW or EB1A is Right for You?
Take our free AI assessment to evaluate your profile across all EB1A criteria. Many applicants qualify for both categories and can pursue a dual filing strategy.
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