The EB-2 NIW is an employment-based immigrant visa category that allows foreign nationals to bypass the traditional job offer and labor certification requirements if they can demonstrate that their work is in the “national interest” of the United States. This is a powerful pathway to a green card, particularly for individuals whose contributions can significantly benefit the nation.
To qualify for the EB-2 NIW, you must first meet the EB-2 threshold and then satisfy the NIW criteria:
EB-2 Threshold Requirements
National Interest Waiver (NIW) Criteria
USCIS applies a three-prong test (Matter of Dhanasar, 2016):
Your proposed work must have significant value, impacting areas such as the economy, healthcare, technology, culture, or environment, and its benefits must be of national rather than purely local scope.
You must demonstrate a track record of success and the necessary skills, qualifications, and resources to advance your proposed work.
You must show that waiving the job offer and labor certification would benefit the United States, considering the urgency, potential impact, and impracticality of going through the labor market test.
Step 1 – Gather Evidence
Prepare detailed documentation to prove both EB-2 and NIW eligibility, including:
Step 2 – Prepare your EB-2 NIW Support Letter and File Form I-140 Immigrant Petition Package
Step 3 – Adjustment of Status or Consular Processing
A Beneficiary preparing for an EB-2 NIW should approach it as a strategic evidence-building project because NIW cases are won or lost on the quality and organization of supporting proof, not just credentials. Set out below is our step-by-step preparation guide:
Before starting, the Beneficiary must clearly understand:
Knowing both layers helps in gathering the right evidence instead of random paperwork.
NIW Prong | Key Evidence to Gather |
Prong 1: Substantial Merit & National Importance | ● Publications, patents, industry reports, research that addresses U.S. challenges. ● Media coverage or industry reports showing the importance of your field. ● Evidence of adoption or use of your work by U.S. organizations.
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Prong 2: Well-Positioned to Advance the Endeavor | ● Education credentials, professional licenses, certifications. ● Awards, grants, or scholarships. • Evidence of past project success (impact reports, contracts, conference invitations). ● Recommendation letters from credible, independent experts.
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Prong 3: Balancing Test | ● Show why skipping labor certification benefits the U.S. ● Evidence showing urgency of your work. ● Proof of shortage of similar expertise in the U.S. ● Demonstration of broad public benefit. ● Proof that your contributions can’t easily be replicated by others in the U.S. labor market. |
While gathering letters from potential recommenders, ensure that each letter is specific to yours professional achievements, describing these in detail and highlighting their relevance to U.S. national interests.
The EB-2 NIW is an excellent option for accomplished professionals, researchers, entrepreneurs, and others whose work benefits the United States on a national scale. Because the success of the petition depends heavily on the strength of the evidence and narrative, careful preparation is key.
Somireddy Law Group PLLC offers customized and client-oriented services to assist you with preparing and filing your EB-2 NIW application. Please feel free to reach out to us at: info@somireddylaw.com to schedule a profile evaluation with a detailed eligibility assessment and strategic guidance to work with you on your NIW petition.
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