EB-2 National Interest Waiver

The EB-2 National Interest Waiver provides a permanent-residence strategy for individuals whose proposed work has substantial merit and national importance to the United States. The applicant must first qualify for EB-2 as a member of the professions holding an advanced degree or its equivalent, or as a person of exceptional ability in the sciences, arts, or business.

The applicant must then demonstrate:

• The proposed endeavor has substantial merit and national importance.

• The applicant is well positioned to advance the proposed endeavor.

• On balance, it would benefit the United States to waive the permanent-job-offer and labor-certification requirements.

NIW applicants may self-petition. The classification can be particularly useful for entrepreneurs, founders, researchers, physicians, scientists, engineers, technology professionals, executives, and other individuals pursuing work with broader U.S. significance.

EB-2 NIW may be appropriate when:

• The applicant holds an advanced degree or can demonstrate exceptional ability.

• The proposed U.S. endeavor has implications extending beyond a single employer or client.

• The endeavor addresses an important economic, technological, scientific, cultural, educational, healthcare, or other national need.

• The applicant has a record, plan, resources, partnerships, or other evidence showing an ability to advance the endeavor.

• The overall record supports waiving the normal job-offer and labor-certification requirements.

An NIW petition does not necessarily require the level of acclaim associated with EB-1A. It does, however, require a carefully defined proposed endeavor and persuasive evidence of its national importance and the applicant’s ability to advance it.