National Interest Waiver (NIW)

NIW NIW Requirements Legal Fees of NIW Processing of NIW Benefits of NIW

Introduction

The EB-2 National Interest Waiver (NIW) is a unique provision within the second preference employment-based immigration category that allows qualified individuals to self-petition for lawful permanent residency without the need for a specific job offer or an employer-sponsored labor certification. This waiver is intended for individuals whose proposed work in the United States possesses substantial merit and national importance, such that requiring the traditional labor market test would not serve the national interest.

Ordinarily, EB-2 petitions require a permanent, full-time job offer from a U.S. employer and an approved labor certification from the U.S. Department of Labor—an extensive process designed to demonstrate that no minimally qualified U.S. worker is available for the offered position. This requirement not only places a procedural burden on employers but also limits petitioning options for foreign nationals without employer sponsorship. As a result, many employers are reluctant to sponsor EB-2 candidates due to the time-consuming and costly nature of labor certification.

Under the National Interest Waiver, however, an individual may request that USCIS waive these requirements by demonstrating that their admission would be in the national interest of the United States. This provision allows for self-petitioning, meaning the applicant can file Form I-140 independently and submit supporting documentation to establish both EB-2 eligibility and qualification for the waiver.

To be eligible for NIW, a petitioner must first demonstrate that they qualify for EB-2 classification, either as:

A member of the professions holding an advanced degree (or its equivalent), or
An individual of exceptional ability in the sciences, arts, or business.

Once the EB-2 threshold is satisfied, the applicant must meet the three-prong test established in the precedent-setting AAO decision, Matter of Dhanasar (December 27, 2016). The Dhanasar standard brought greater flexibility and inclusivity to NIW adjudication by focusing on the national significance of the endeavor, the petitioner’s qualifications, and whether waiving the job offer and labor certification is, on balance, beneficial to the United States.

Most recently, on January 15, 2025, USCIS issued a significant policy update providing further clarification on the evaluation of EB-2 NIW petitions. These updates refined expectations in several key areas, including:

The definition and articulation of the proposed endeavor;
The connection between the petitioner’s qualifications and the endeavor;
The evaluation of both dependent and independent recommendation letters; and
The weight given to endorsements from U.S. government and quasi-governmental entities.

At North America Immigration Law Group, based on our extensive experience with thousands of NIW cases, we interpret the current framework as not only more transparent but also more accessible to individuals across a diverse range of fields. By aligning legal precedent with clear, updated guidance, the EB-2 NIW remains a vital pathway for individuals whose expertise and proposed contributions serve the broader interests of the United States.

Our success with NIW (National Interest Waiver) petitions

WeGreened.com - North America Immigration Law Group has successfully petitioned more than 40,000 NIW (National Interest Waiver) cases and the approval rate for cases we offer our "Approval or Refund^®" service has remained above 99% for the last 10 consecutive years. Based on this huge number of successful cases, we have developed the most up-to-date winning strategies for the NIW category, which enables us to offer our "Approval or Refund^®" service to many of the NIW cases we take.

As a firm exclusively focused on employment-based immigration, we secured over 6,400 NIW approvals in 2024 alone. This success reflects our commitment to delivering exceptional legal service and our in-depth understanding of evolving USCIS adjudication trends.

We have helped clients from over 120 countries, working across academia, industry, government, and the nonprofit sector. Whether you're a researcher at a national lab, an innovator at a startup, or a professional contributing to public interest projects, we know how to frame your qualifications and proposed endeavor to meet USCIS expectations.

To us, clients are never just case numbers. We combine the scale and insight of a high-volume firm with the personalized strategy and care of a boutique practice. Every petition is crafted with attention to detail, backed by data, and aligned with the latest policy guidance.

For qualified cases, we offer our Approval or Refund^® service—our way of showing confidence in our process and commitment to your success.

Let us help you achieve your NIW approval with clarity, confidence, and a strategy designed for results.

EB-2 Eligibility Is Still Required

A strong national interest argument alone does not establish eligibility for a National Interest Waiver (NIW). While the NIW eliminates the need for a job offer and labor certification, it does not waive the foundational requirements for EB-2 classification.

To qualify for a NIW, you must first meet the EB-2 criteria—either as a member of the professions holding an advanced degree (or its equivalent), or as an individual of exceptional ability in the sciences, arts, or business.

Only after this EB-2 threshold is satisfied will USCIS consider whether a waiver is justified in the national interest.

Click here to view a summary of EB-2 eligibility requirements.

What is "National Interest" ?

The term "national interest" is not explicitly defined in statutory language, but the Immigration Act of 1990 provides general direction by stating that the standard for a National Interest Waiver (NIW) under the EB-2 category must be "significantly above that necessary to prove prospective national benefit." In practical terms, this means that not every contribution that is beneficial to the United States qualifies for a waiver; rather, the petitioner must demonstrate that waiving the job offer and labor certification requirements will yield benefits of a magnitude and nature that advance the national interest to a substantial degree.

USCIS intentionally maintains a flexible approach to applying this standard. The agency has long held that each case must be evaluated on its own merits, and that the burden of proof rests with the petitioner to establish that their admission will benefit the nation in a way that justifies bypassing the traditional labor market protections.

Over the years, both USCIS adjudications and legal precedent have provided insight into the types of contributions that may meet this standard. In general, a direct and tangible benefit to the broader community or national priorities is expected. Some factors that USCIS has historically considered in finding that a petition satisfies the national interest include:

The foreign national’s admission is expected to advance the U.S. economy.
Their work may improve wages or working conditions for U.S. workers.
The endeavor contributes to the development of more affordable housing for vulnerable populations.
The individual’s efforts will help to enhance the U.S. environment or facilitate more efficient use of natural resources.
The applicant’s contribution is specifically requested or endorsed by a U.S. government agency or quasi-governmental institution.

In addition to economic and scientific impact, USCIS has also considered factors such as cultural enrichment, public welfare, and national security, provided that the petitioner can establish a logical and credible connection between their work and the asserted benefit.

Drawing from our extensive experience at North America Immigration Law Group, we have seen USCIS recognize a wide range of professions and roles as satisfying the national interest requirement when supported by a strong evidentiary record.

USCIS does not limit the national interest standard to a narrow set of professions. Rather, what matters most is the petitioner’s ability to demonstrate that their specific endeavor has substantial merit, national relevance, and meaningful societal impact.

Matter of Dhanasar: The Current Standard for National Interest Waivers

On December 27, 2016, the Administrative Appeals Office (AAO) issued a precedent decision in Matter of Dhanasar, which established the current framework for evaluating National Interest Waiver (NIW) petitions under the EB-2 category.

In this decision, USCIS introduced a more flexible and modernized standard for granting a waiver of the job offer and labor certification requirements. Under the Dhanasar framework, a National Interest Waiver may be granted if the petitioner demonstrates that:

The proposed endeavor has both substantial merit and national importance;
The petitioner is well positioned to advance the proposed endeavor; and
On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.
This three-prong test now serves as the basis for all EB-2 NIW adjudications.

How to Meet the Requirements for a National Interest Waiver Based on Matter of Dhanasar

A. Substantial Merit and National Importance

To satisfy the first prong of the Matter of Dhanasar framework, the petitioner must demonstrate that the proposed endeavor has both substantial merit and national importance. According to the January 2025 USCIS policy update, these two concepts are distinct but evaluated together to assess the broader value of the work.

A1. Substantial Merit

Substantial merit can be established in a wide range of areas, including but not limited to science, technology, healthcare, education, business, public policy, and the arts. The work does not need to generate immediate economic value, but it must address a meaningful problem, advance knowledge or practice in the field, or contribute to societal well-being.

Supporting evidence may include:

A clearly defined and well-written description of the proposed endeavor, outlining its goals, scope, and relevance;
Research publications, reports, or technical documentation that support the merit of the work;
Recommendation letters explaining the value and purpose of the endeavor in accessible terms.

A2. National Importance

The national importance component focuses on the impact of the endeavor beyond a local or individual setting. Under the 2025 guidance, USCIS now places greater emphasis on how clearly the petitioner can define the endeavor, and whether it aligns with U.S. government priorities or addresses publicly recognized challenges.

Key considerations include:

Whether the endeavor has national or global implications within its field;
Whether it aligns with U.S. government initiatives or addresses national goals (e.g., public health, energy sustainability, AI innovation, climate resilience);
Whether the work contributes to economic development, equity, public safety, or the advancement of knowledge.

Examples of persuasive evidence:

Federal or state funding (e.g., NIH, NSF, DOE, DOD) for projects tied to the petitioner’s work;
Citations or ad

B. Well Positioned to Advance the Proposed Endeavor

The second prong of the Dhanasar test requires the petitioner to demonstrate that they are well positioned to advance the proposed endeavor. This means USCIS must be persuaded that the petitioner has the qualifications, experience, and track record necessary to execute the work successfully and bring it to fruition.

Factors considered include:

Academic credentials and professional training.
Skills, certifications, or specialized expertise directly relevant to the endeavor.
Documented past achievements, including publications, patents, projects, or awards.
Progress already made toward the endeavor’s goals (e.g., early-stage results, collaborations, product development).
Interest, support, or recognition from third parties such as investors, institutions, government agencies, or collaborators.

Supporting evidence may include:

Detailed expert letters attesting to the petitioner’s qualifications and prior impact.
Documentation of key roles in funded projects, particularly government grants.
Memberships, awards, or distinctions earned in the relevant field.
Media recognition or invited presentations at conferences or institutions.
Proof of commercialization, technology transfer, or adoption of work by others.

Although certainty of success is not required, the petitioner must present credible and corroborated evidence to demonstrate preparedness and momentum. USCIS now places significant emphasis on the quality and specificity of supporting materials, particularly recommendation letters. Vague or unsupported claims will not meet the burden of proof.

Our legal team frequently draws from the evidentiary standards used in EB-1A and EB-2 Exceptional Ability petitions to build a strong narrative under this prong, while tailoring each filing to the unique characteristics of NIW.

Common types of persuasive evidence include:

A. Publications & Citation Records: Demonstrating the petitioner’s influence through published articles, books, and citation analysis.
B. Letters of Recommendation: Written by individuals with firsthand knowledge, specifically addressing the petitioner’s achievements, positioning, and impact.
C. Government Grants: Evidence of substantial participation in federally funded research or innovation.
D. Selective Memberships: Proof of entry into professional organizations that require recognized achievement.
E. Prestigious Awards: Nationally or internationally recognized honors tied to professional excellence.
F. Published Material About the Petitioner: Media or scholarly coverage indicating the importance of the petitioner’s contributions.
G. Patents, Contracts, Licenses: Intellectual property or commercial agreements that demonstrate real-world utility.
H. External Reliance: Documentation showing others have sought the petitioner’s expertise or relied on their work.
I. Critical Role: Evidence of leading or indispensable contributions in high-value projects or initiatives.

C. Balancing Test: Why a Waiver of the Job Offer and Labor Certification Benefits the United States

The third prong of the Matter of Dhanasar test requires a balancing determination: whether, on the whole, it would be beneficial to the United States to waive the job offer and labor certification requirements. This analysis weighs the national interest in the petitioner’s continued contributions against the policy rationale behind the labor certification process—namely, protecting U.S. workers and the labor market.

USCIS may consider the following factors:

The petitioner’s skills are unique or highly specialized, making a labor certification impractical or unlikely.
The proposed endeavor is urgent or time-sensitive and would be hindered by delays in the labor certification process.
The petitioner is self-employed in a manner that does not adversely impact the U.S. workforce.
The endeavor is expected to create jobs, stimulate economic development, or contribute to U.S. competitiveness.
Even if qualified U.S. workers exist, the petitioner’s contributions offer a level of benefit that exceeds the value of labor market testing.

USCIS does not require proof that labor certification is impossible—only that waiving it would yield greater benefits. This prong is particularly favorable to entrepreneurs, independent researchers, and public-interest innovators whose work is not tied to a single employer or narrowly defined job role.

To support this prong, petitioners may submit:

A reasoned statement or legal brief explaining why the labor certification process is ill-suited to the nature of their endeavor.
Evidence that a job offer is not viable or that traditional employment pathways would obstruct the petitioner’s national contributions.
Endorsements from institutions, partners, or agencies emphasizing the urgency or public value of the petitioner’s work.

The petitioner’s narrative should emphasize that the benefits of allowing the work to proceed without delay or constraint outweigh the benefits of labor market protection in this particular case. When the first two prongs are clearly satisfied, the third is often met through a cohesive and well-reasoned case strategy.

2025 USCIS Trends in NIW (National Interest Waiver) Adjudication

At North America Immigration Law Group (WeGreened.com), we are committed to monitoring and interpreting adjudication trends to help our clients navigate the evolving NIW petition landscape. Following the January 15, 2025 policy update issued by USCIS, several important developments have shaped how NIW petitions are evaluated—particularly with regard to evidentiary standards, petition structure, and the articulation of the proposed endeavor.

Key NIW Adjudication Trends in 2025

1. Clarified EB-2 Eligibility Standards

USCIS has provided more structured guidance on evaluating eligibility for EB-2 classification:

Advanced Degree Professionals:
Adjudicators assess whether the applicant's occupation qualifies as a "profession" as defined by INA 101(a)(32) and whether a bachelor's degree plus five years of progressive experience meets the specialty's requirements.

Individuals of Exceptional Ability:
USCIS emphasizes that the demonstrated exceptional ability must be directly related to the proposed endeavor, considering shared skill sets, specialized knowledge, or expertise.

2. Stronger Emphasis on Defining the Proposed Endeavor

The 2025 USCIS policy update places heightened importance on a clearly defined and well-articulated proposed endeavor. A detailed and structured description is essential for USCIS to evaluate both the substantial merit and national importance of the work.

Key elements to include in a well-defined endeavor:

Specific Goals and Scope – Clearly describe what the petitioner intends to accomplish, the nature of the work, and its expected outcomes.
Execution Plan – Indicate whether the endeavor will be pursued through employment with a particular organization, independently, or via self-directed research or entrepreneurship.
National Relevance – Explain how the endeavor contributes to broader U.S. interests, such as economic development, public health, environmental resilience, national security, or scientific advancement.

USCIS assesses the endeavor’s importance based on its projected impact on the field or on national priorities, rather than localized or employer-specific benefits. A compelling narrative that outlines what the petitioner will do, how they will do it, and why it matters to the United States is now central to a successful petition.

At North America Immigration Law Group, we prepare the proposed endeavor statement for each client based on the information they provide. Our legal team crafts a tailored, USCIS-compliant narrative that effectively connects the client’s background and future plans to national interest criteria—ensuring the petition meets the latest adjudication standards.

3. Refined Expectations for Recommendation Letters

The 2025 USCIS policy update reinforces that the persuasiveness of a recommendation letter depends on its substance—not the independence of the writer. USCIS now emphasizes that letters from those with firsthand knowledge of the petitioner's work—such as supervisors, collaborators, or project leads.

What Makes a Strong Letter?

To support a National Interest Waiver petition, a recommendation letter should:

Detail specific achievements of the petitioner, including research findings, innovations, or contributions to significant projects;
Demonstrate how the petitioner is well positioned to advance their proposed endeavor based on their track record, skill set, and momentum;
Explain the national relevance of the petitioner’s work—whether through its impact on public policy, scientific progress, economic growth, or other national priorities.
USCIS-Favored Characteristics

USCIS officers now look for letters that:

Provide concrete examples, not general praise;
Reflect direct, firsthand experience with the petitioner’s work;
Are supported by independent documentation elsewhere in the petition (e.g., publications, funding records, citations, project outcomes);
Address how the petitioner’s efforts advance broader societal, institutional, or governmental objectives.

What to Avoid

Letters that are vague, duplicative, or formulaic offer little value and may dilute the overall strength of the petition. Phrases like "widely respected in the field" without examples, or generic summaries without specific context, are unlikely to influence an adjudicator.

At North America Immigration Law Group, we draft custom, field-specific support letters for clients who choose to submit letters. Our team draws on the latest USCIS adjudication trends and legal framework to ensure each letter aligns with the petitioner’s proposed endeavor.

4. Greater Value Assigned to Government Endorsements

The 2025 USCIS policy update affirms that letters of support from U.S. government agencies and quasi-governmental entities carry significant evidentiary weight in National Interest Waiver (NIW) petitions—especially when they confirm alignment with national initiatives or address critical public needs.

U.S. government agencies include federal departments and institutions such as:

National Institutes of Health (NIH)
National Science Foundation (NSF)
Department of Energy (DOE)
Department of Defense (DoD)
Centers for Disease Control and Prevention (CDC)
Environmental Protection Agency (EPA)
U.S. Department of Agriculture (USDA)
National Aeronautics and Space Administration (NASA)

Quasi-governmental entities refer to organizations that are not direct arms of the federal government but carry out public functions and may receive government funding or oversight. Examples include:

National laboratories (e.g., Lawrence Berkeley National Lab, Oak Ridge National Lab)
Federally Funded Research and Development Centers (FFRDCs)
Public universities conducting federally supported research
Public-private partnerships or consortia aligned with federal initiatives (e.g., ARPA-H, Manufacturing USA Institutes)

Letters from these institutions are particularly compelling when they:

Endorse the petitioner’s work as advancing a recognized federal or national priority
Confirm the practical use, adoption, or anticipated impact of the petitioner’s contributions or
Reference funding, collaboration, or formal engagement with the petitioner or their endeavor.

Our firm encourages clients to pursue such endorsements when applicable, and we assist in identifying opportunities to obtain them. When properly integrated into the petition, these letters strengthen the argument for national importance and demonstrate external recognition at the highest levels.

Conclusion

The 2025 USCIS policy update reflects a shift toward clearer standards, greater transparency, and a stronger focus on the quality and specificity of evidence submitted with NIW petitions. Our team at North America Immigration Law Group incorporates these evolving trends into every aspect of our petition strategy—ensuring your proposed endeavor is clearly defined, your qualifications are convincingly documented, and your support letters are aligned with USCIS’s latest expectations. By closely monitoring differences in service center behavior and national adjudication trends, we continue to maximize approval outcomes for our clients across a wide range of fields.

Applying for National Interest Waiver (NIW) from outside of the U.S.

Please Click Here for more information regarding applying for National Interest Waiver (NIW) from outside of the U.S.

Physicians Seeking National Interest Waiver (NIW)

Please Click Here for more information regarding Physicians Seeking National Interest Waiver (NIW)

EB2-NIW (National Interest Waiver) Reference/Recommendation Letters

A recommendation letter is also called a reference letter, supporting letter or testimonial letter depending on the type of information the letter contains. Recommendation letters are often a core component of an EB-2 NIW (National Interest Waiver) petition. An NIW recommendation letter is one of the most important evidentiary supporting materials as it shows the recognition of experts in the field and your influence on others' work. Because of the importance of the recommendation letters, after clients retain us, we at WeGreened.com - North America Immigration Law Group/Chen Immigration Law Associates always take time to carefully discuss each recommendation letter with them and make sure we have a strong combination of recommenders. Different from other firms, which simply provide templates for clients to draft these letters or charge additional fees, our firm drafts 4-6 recommendation letters for each client. Drafting the most helpful NIW (National Interest Waiver) recommendation letters require good understanding about USCIS regulations and immigration law. We at WeGreened.com - North America Immigration Law Group will finish all the recommendation letter drafts (4-6 letters) within 10 business days for our clients. This is one of the keys to our incredibly high approval rate and short case preparation time.

In addition, one of the key services we provide with respect to your recommendation letters is a deep understanding of not only the utility of any one individual letter, but how to compile a set of letters such that they are complementary to one another. This involves not only a well-rounded understand of your particular case but a deep understanding of how to effectively utilize letters that are dependent versus independent. Dependent letters are those in which you share some sort of relationship with the author of the letter such as sharing the same academic institution, having co-authored together previously, or sit in such a relationship that you have a pre-existing professional relationship. An independent recommender is generally one with which you do not share any pre-existing professional relationship. Each type of letter carries its own potential benefits, risks and utility for your petition. For USCIS, independent recommenders are often best utilized to speak to your influence and work in the field as USCIS tends to view dependent letters as having some sort of bias given your pre-existing relationship. However, dependent recommenders can often provide a more detailed examination of your work or research since they are generally more intimately familiar with it given their pre-existing professional relationship with you. Having a good complimentary mix of dependent and independent letters is often a key resource for constructing a convincing petition letter. We are intimately familiar with the potential benefits and weaknesses of each type of letter and know how to effectively utilize them to give you the best material possible for your petition.

Here we provide a common template of a recommendation letter for use in an NIW (National Interest Waiver) petition. Drafting good recommendation letters requires profound understanding of the USCIS's preference of the letters. We at WeGreened.com - North America Immigration Law Group truly believe well-drafted recommendation letters are essential for a successful petition. Please note that the reference letters here are just examples to give further clarity on the nature of an NIW letter and should not be actually utilized for a petition.

Or see more about NIW Recommendation/Reference Letter

How to File an EB-2 NIW (National Interest Waiver) Case

To file an EB-2 NIW (National Interest Waiver) Case, you need to fill an I-140 form (Immigrant Petition for Alien Workers) and send the petition materials, including your I-140 form (for paper-based filing) or I-140 E-filed confirmation receipt (for E-filing), petition letter, reference letters and all other evidence supporting your case to the service center based on your jurisdiction.

For more information, please see our article How to File an EB-2 NIW (National Interest Waiver) Case

More detail information about EB-2 NIW (National Interest Waiver)

No Legal Advice Intended. This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer for advice on specific legal issues problems.