National Interest Waivers
Date of Information: 05/10/2025
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Gain Permanent Residence Without Employer Sponsorship
The EB-2 National Interest Waiver (NIW) empowers qualified professionals to apply for a green card without a job offer or labor certification. Whether you're advancing clean energy, improving healthcare outcomes, or leading critical research, our team helps you build a compelling petition aligned with U.S. immigration law and national priorities.
What Is the National Interest Waiver?
NIW Definition: The National Interest Waiver (NIW) is a provision under the EB-2 immigrant visa category that waives the usual requirement of a permanent job offer and labor certification if the applicant's work substantially benefits the United States.
Regulatory Basis: The legal foundation is 8 U.S.C. §1153(b)(2)(B)(i) and 8 CFR § 204.5(k)(4)(ii).
Policy Rationale: The NIW exists to attract individuals whose work is so beneficial to the U.S. that it would be contrary to the national interest to require the lengthy PERM labor certification process.
Eligibility Criteria: The Matter of Dhanasar Framework
Before 2016, NIW petitions were evaluated under the standard established in Matter of New York State Department of Transportation (NYSDOT). That approach was criticized for being overly rigid and unclear, particularly regarding the national scope requirement and its balancing test. In response, the Administrative Appeals Office (AAO) issued Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), which replaced NYSDOT and introduced a more flexible and forward-looking framework. The Dhanasar standard emphasizes the practical benefit of the applicant’s proposed endeavor and recognizes a broader range of professional contributions that serve the national interest. It has since become the governing precedent for NIW adjudications and is incorporated into USCIS policy guidance.
The Prongs (Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)):
Substantial Merit: Your proposed endeavor must offer significant value in terms of its potential economic, cultural, scientific, educational, or humanitarian benefits. USCIS does not require that the endeavor be tied to a specific industry or be expected to yield immediate tangible results; rather, it should be credible and clearly beneficial to society in a meaningful way.
National Importance: The endeavor must have implications that extend beyond a regional or local level. It should be of interest to national policymakers or have a broader impact on the United States as a whole. This can include work that influences an entire industry, advances federal goals, or addresses nationally relevant issues such as public health, infrastructure, climate change, or national security.
Well Positioned to Advance the Endeavor: You must demonstrate a record of success, relevant skills, and access to necessary resources to meaningfully carry out your proposed work.
On Balance, Waiver of the Job Offer Requirement Benefits the U.S.: You must show that waiving the job offer and labor certification requirements would benefit the country more than enforcing them would.
See also 8 CFR § 204.5(k)(4)(ii).
As with the standards for extraordinary and exceptional ability, it’s important to remember that USCIS officers are not specialists in your field. You might be the most accomplished professional in your domain, but that won’t matter if the adjudicator isn’t equipped to understand the significance of your contributions. For this reason, your petition must be carefully framed around the Dhanasar criteria, with clearly explained evidence that maps directly to each prong of the standard.
Required Evidence
Compile evidence that aligns your professional achievements with the standards outlined in Dhanasar.
Suggested Evidence Organized by Dhanasar Criteria:
1. Substantial Merit
A detailed personal statement explaining the goals, objectives, and societal value of your proposed endeavor
Evidence of innovative work or high-impact projects in scientific, cultural, educational, or economic fields
Documentation of any humanitarian impact or socially beneficial outcomes
Examples of interdisciplinary or cross-sector collaborations
2. National Importance
National or international media coverage highlighting the significance of your work
Federal or state government interest in your field or endorsements
Evidence that your work addresses a nationally recognized issue (e.g., public health, infrastructure, climate policy)
Letters from industry leaders or policy experts describing national-level impact
3. Well Positioned to Advance the Endeavor
Curriculum vitae/resume detailing education, credentials, and career trajectory
Expert letters of recommendation discussing your qualifications and future potential
Grants, funding, fellowships, or venture capital awards received
Awards, patents, or publications showing subject-matter expertise
Record of employment or academic appointments in roles advancing your field
4. Balancing Test (Benefit to the U.S. Without Labor Certification)
Evidence of how your work fills a critical need or shortage area in the U.S.
Demonstrated history of advancing your field without reliance on traditional employer-sponsored roles
Testimonials from U.S.-based beneficiaries, collaborators, or institutions
Documentation showing how bypassing the labor certification process enables faster deployment of your work’s benefits
Much of the evidence listed above is not unique to you as an individual, but instead requires thoughtful research into domestic policy priorities and the economic or societal conditions of your industry. This kind of research supports the argument that your work meets the Dhanasar standard. For that reason, it's essential to work with a law firm that has access to advanced research tools and policy databases. Charles International Law is one such firm.
Frequently Asked Questions (FAQ)
1) What is the EB-2 National Interest Waiver (NIW)?
It’s a way to get a green card without a PERM labor certification or a permanent job offer if you can show your proposed work has substantial merit and national importance, you’re well positioned to advance it, and it benefits the U.S. to waive the job offer/PERM (the three-part test from Matter of Dhanasar).
2) Who is eligible to apply for an NIW?
Professionals who qualify for EB-2 either by (a) having an advanced degree (or bachelor’s + 5 years progressive experience), or (b) meeting exceptional ability criteria—then satisfying the Dhanasar NIW test.
3) Do I need a U.S. employer or job offer?
No. NIW is a self-petition. You can file your own I-140 if you meet EB-2 and Dhanasar standards.
4) What counts as a “proposed endeavor”?
The specific work you intend to carry out in the U.S. (e.g., expanding a safety program, developing a technology, scaling a clinical or policy initiative). You should articulate goals, methods, timeline, resources, and expected impact.
5) How do I prove “substantial merit and national importance”?
Show the endeavor’s value (economic, scientific, health, safety, education, infrastructure, national security, etc.) and its potential national-level reach or broader implications—beyond one company or locality.
6) What does “well positioned to advance the endeavor” mean?
Demonstrate a credible track record and readiness: education, licenses, publications, patents, data-backed results, leadership roles, funding, collaborations, prior implementations, detailed plans, and access to needed facilities or users.
7) What is the “balancing test” (the third Dhanasar prong)?
Explain why waiving the job offer/PERM benefits the U.S.—for example, the endeavor is urgent, specialized, or entrepreneurial; traditional hiring tests don’t fit; or your contributions would be delayed or hindered by PERM.
8) What evidence typically strengthens an NIW?
Detailed personal statement/business or research plan with milestones and KPIs
Objective metrics (citations, users, deployments, cost savings, safety improvements, health outcomes)
Expert letters linking your results to national-level benefits
Press, awards, grants/contracts, standards-setting roles, advisory posts
Licensure/clearances and any regulatory or ethics approvals (if applicable)
9) How many expert letters do I need—and from whom?
Quality beats quantity. Aim for 4–7 substantive letters from independent, well-credentialed experts who can explain your impact in concrete terms and tie it to U.S. interests (not just character references or job duties).
10) Can entrepreneurs and solo practitioners qualify?
Yes. Provide market/problem analysis, traction (pilots, revenue, users), partnerships, IP, regulatory path, and a clear U.S. scaling plan. Emphasize why waiving PERM accelerates national benefits.
11) Is premium processing available for NIW I-140s?
Yes. Premium processing is available for EB-2 NIW I-140 petitions. It speeds the I-140 decision window but does not guarantee approval.
12) Can I file the I-485 (adjustment of status) with my NIW I-140?
If your priority date is current under the Visa Bulletin and you’re eligible to adjust in the U.S., you may file concurrently. Otherwise, you’ll wait for your date to become current or consular process abroad after I-140 approval.
13) What happens after my I-140 is approved?
You either (a) adjust status in the U.S. (I-485, with EAD/AP options) or (b) complete consular processing (DS-260). Dependents (spouse and unmarried children under 21) may apply as derivatives.
14) What if my background doesn’t neatly fit “STEM”?
NIW is field-agnostic. Focus on measurable public benefit and national-level reach—policy, education, public health, safety, infrastructure, supply chains, cybersecurity, climate, or other sectors can qualify.
15) Do publications or patents matter?
They help, but they’re not mandatory. You can prove impact with deployments, usage statistics, safety/quality improvements, outcomes data, standards contributions, or adoption by public agencies/large systems.
16) What are common reasons for RFEs/denials?
Vague endeavor descriptions, weak national-importance analysis (too local), thin proof you can execute the plan, letters that merely restate your résumé, and missing objective metrics linking your work to U.S. benefits.
17) How should I structure my personal statement/plan?
Use a problem→solution→impact arc: define the national-scale problem, present your solution and unique qualifications, detail the execution plan (timeline, resources, collaborations), and quantify expected benefits.
18) Do I need to keep doing the same work after approval?
Your intent should be to continue the proposed endeavor. Keep records of ongoing activities, deployments, and outcomes—useful if questioned during adjustment or naturalization.
19) Will an NIW lock me out of future employer sponsorships?
No. An NIW approval doesn’t prevent you from pursuing other immigrant or nonimmigrant options in parallel if strategy or timing changes.
20) How can your firm help?
We map your evidence to Dhanasar, draft a persuasive narrative, curate expert letters, build metrics exhibits, and align immigration filings with operational realities (funding, partnerships, regulatory timelines).
Other Helpful Resources:
See Also:
CIL Guide to the Circumvention of Lawful Pathways Rule
