EB-2 NIW (National Interest Waiver) Frequently Asked Questions

What is EB-2 NIW, in simple terms?

The EB-2 National Interest Waiver (NIW) is a green card pathway that allows certain professionals to apply without being sponsored by a U.S. employer. Instead of relying on a specific job offer, the applicant must show that their future work in the United States serves the national interest.

In practice, NIW shifts the focus away from who hires you and toward what you plan to do and why it matters to the country as a whole. This makes NIW particularly suitable for researchers, engineers, entrepreneurs, and professionals whose work is not confined to a single employer or role.

Does an approved EB-2 NIW automatically grant a Green Card? What is the difference between an EB-2 NIW approval and Getting a Green Card?

NIW itself is not a green card. It is a classification within the EB-2 category that allows you to qualify for permanent residence (green card).

When your NIW petition (Form I-140) is approved, USCIS is confirming that you meet the EB-2 NIW standard. However, you must still wait for your priority date to become current before you can file Form I-485 (inside the U.S.) or complete immigrant visa processing through a U.S. consulate abroad.

Can I get a Green Card immediately after my EB-2 NIW is approved?

No. After your EB-2 NIW (I-140) is approved, you must wait until your priority date becomes current under the Visa Bulletin before applying for a green card.

• For Rest of World (ROW) applicants, the wait is typically about 1-2 years.
• For applicants born in India or China, the wait is usually longer due to backlogs.

If you are subject to the J-1 two-year home residency requirement (INA §212(e)), you must also obtain a J-1 waiver before you can file Form I-485 or complete immigrant visa processing.

How Is EB-2 NIW Different From a Regular EB-2 Case?

What exactly does NIW waive?

NIW may waive two requirements that normally apply to EB-2 cases: the labor certification (PERM) and the permanent job offer.

This waiver is not automatic. USCIS grants it only when the applicant can show that enforcing these requirements would be counterproductive to U.S. national interests, such as when the work requires flexibility, speed, or independence that traditional employment sponsorship cannot provide.

Who is NIW usually best suited for?

NIW is often a strong option for professionals whose work has broader implications beyond one employer, such as advancing technology, improving public health, strengthening infrastructure, or supporting economic competitiveness.

It is commonly used by researchers, engineers, founders, product leaders, physicians, and other professionals whose contributions can scale nationally or influence an entire field. In practice, we often see that cases succeed not because the applicant fits a "profile," but because the proposed endeavor is framed in a way that clearly connects individual expertise to national-level needs.

What are the minimum requirements to apply for NIW?

To apply for NIW, you must first qualify under the EB-2 category. This means you must meet the requirements either as an advanced degree professional or as an individual of exceptional ability.

Once that threshold is met, USCIS evaluates whether your case satisfies the NIW standard, which focuses on the importance of your proposed endeavor and whether waiving the usual employment requirements benefits the United States.

What are the education requirements for EB-2 NIW? (PhD vs. Master's vs. Bachelor's)

Do I need a Ph.D. or a Master's degree to apply for NIW?

You do not need a Ph.D. to apply for EB-2 NIW. Applicants may qualify with a master’s degree, or a bachelor’s degree plus five years of progressive experience, as long as they can demonstrate that their work meets the national interest standard.

Can I apply for NIW with only a Bachelor's degree?

Yes. It may still be possible to apply for EB-2 NIW without an advanced degree, depending on how you qualify under the EB-2 category.

In practice, applicants without an advanced degree typically qualify through one of the following pathways:

• Bachelor’s degree + five years of progressive experience

  USCIS may treat a Bachelor's degree combined with at least five years of progressive, post-degree experience as equivalent to an advanced degree for EB-2 purposes.

• Bachelor’s degree + Exceptional Ability

  Applicants may qualify under the exceptional ability category by demonstrating expertise significantly above what is normally encountered in the field, based on professional achievements, recognition, and impact.

In some cases, applicants may meet both standards. When applicable, both can be presented to strengthen the EB-2 foundation before USCIS evaluates the NIW criteria.

As with all NIW cases, meeting the EB-2 threshold alone is not sufficient. Approval ultimately depends on the proposed endeavor’s national importance, whether the applicant is well positioned to advance it, and whether waiving the job offer and labor certification benefits the United States.

What does "exceptional ability" mean in practice?

Exceptional ability is defined by USCIS as a degree of expertise significantly above what is ordinarily encountered in the sciences, arts, or business.

To prove this, you must meet at least three of the following six criteria:

1. Academic Record: A degree, diploma, or certificate from a college or university relating to your area of expertise.
2. 10 Years of Experience: Letters from current or former employers showing at least 10 years of full-time experience in your occupation.
3. License or Certification: A professional license or certification to practice your profession or occupation.
4. High Salary: Evidence that you have commanded a salary or other remuneration that demonstrates your exceptional ability.
5. Professional Memberships: Membership in professional associations that require certain achievements for entry.
6. Recognition: Recognition for achievements and significant contributions to your industry or field by peers, government entities, or professional organizations.

Important January 2025 Update: USCIS now explicitly clarifies that the 5 years of experience must be in the same specialty as your proposed endeavor. You cannot use experience from Field A to support a proposed endeavor in an unrelated Field B.

The "Final Merits" Determination

It is important to understand that meeting three of these criteria is only the first step. Even if you check three boxes, USCIS performs a "Final Merits Determination." They look at your evidence in its totality to decide if it truly shows you have a level of expertise that stands out in your field.

Do I need a U.S. employer or job offer to apply for NIW?

No. NIW allows you to apply without a job offer or employer sponsorship.

That said, you must still present a realistic and well-supported plan for how you will carry out your proposed endeavor in the United States. USCIS wants to understand how your work will move forward, even if it is not tied to a single employer.

Can I sponsor myself for a U.S. Green Card through EB-2 NIW?

Yes. The EB-2 National Interest Waiver is one of the very few employment-based immigrant categories that allows self-petitioning. Applicants do not need a U.S. employer to sponsor them, and no labor certification is required. This makes EB-2 NIW particularly attractive to researchers, entrepreneurs, and professionals who wish to pursue permanent residence independently based on the national importance of their work.

What standard does USCIS use to evaluate NIW cases?

USCIS evaluates NIW petitions using the three-prong framework established in Matter of Dhanasar.

This framework asks whether the proposed endeavor has substantial merit and national importance, whether the applicant is well positioned to advance it, and whether waiving the job offer and labor certification requirements benefits the United States overall. These evaluation factors often become clearer when viewed through real case examples, especially in complex or non-traditional NIW filings.

What is a "proposed endeavor"?

A proposed endeavor describes the future work you intend to pursue in the United States, not simply your current job title or employer.

A strong proposed endeavor explains what problem you are addressing, why that problem matters beyond a local or internal context, and how your work could create a broader impact across an industry, field, or public interest area.

In our experience, the most effective proposed endeavors are not job descriptions, but clearly articulated problem-solution narratives that USCIS officers can easily evaluate.

How do I define a "Proposed Endeavor" that USCIS will actually approve?

The proposed endeavor is the most critical part of an EB-2 NIW petition. It is not merely a job title or professional label. Instead, it is a clear and specific description of the work you propose to carry out in the United States and how that work would benefit the country.

Under current USCIS Policy Manual guidance, an approvable proposed endeavor should be:

Specific and Clearly Defined:
USCIS officers look for a straightforward explanation of what you propose to do. The endeavor should describe concrete activities, objectives, or projects rather than vague or generic professional roles.

Broader Than a Single Employer:
A strong proposed endeavor explains how the work would have broader implications for a field, industry, or area of public interest, rather than being limited to the needs of one employer or organization.

Of Substantial Merit and National Importance:
The endeavor should address a problem or need that has importance beyond the petitioner personally. National importance may be demonstrated through potential impact in areas such as science, technology, healthcare, education, business, or other fields that affect the United States more broadly. Geographic scope alone is not determinative.

Forward-Looking and Supported by the Applicant's Record:
Although the endeavor focuses on future work, USCIS evaluates whether the applicant is well positioned to advance it by examining past achievements, relevant experience, and progress already made.

Strategic Perspective:
At North America Immigration Law Group, we frame the proposed endeavor as a problem-and-solution narrative. Rather than describing the applicant solely by title, we identify a concrete national-level problem and explain how the applicant's proposed work is positioned to contribute meaningful benefits to the United States.

For a deeper dive into how to structure your evidence and to see real-world examples of approved endeavors across various fields, visit our EB-2 NIW Overview Page and NIW Success Story.

What does "national importance" actually mean?

National importance refers to the scope and reach of the impact, not whether the work is funded by the government or conducted nationwide from day one.

USCIS often looks for work that addresses recognized U.S. needs, contributes to economic growth or innovation, improves public welfare, or has the potential for widespread adoption or influence beyond a single organization.

What does "well positioned" mean?

Being well positioned means that your education, experience, and past achievements make it reasonable to expect that you can advance the proposed endeavor.

This is typically shown through a track record of relevant work, leadership or critical roles, recognition from others in the field, and evidence that your work has already been applied, adopted, or relied upon.

How do I prove my "Proposed Endeavor" meets the 2025 USCIS evidentiary standards?

A clearly defined proposed endeavor must be supported by credible, objective evidence. USCIS does not approve NIW cases based on ideas or intentions alone. Under the USCIS Policy Manual, officers evaluate not only how the proposed endeavor is defined, but also whether the petitioner has provided documentary evidence showing the endeavor has substantial merit and national importance, and the applicant is well positioned to advance the endeavor.

Is NIW harder after recent USCIS guidance?

Recent USCIS guidance places greater emphasis onclarity and specificity. Officers are less persuaded by generic descriptions or recycled language and more focused on whether the evidence clearly supports each element of the NIW framework.

We have observed that cases prepared with clear structure and evidence mapping tend to fare better than submissions that rely on volume alone.

What forms are filed for an NIW case?

1. Form I-140 (Immigrant Petition for Alien Worker): An EB-2 NIW petition is filed using Form I-140, which establishes both your EB-2 eligibility and your qualification for a National Interest Waiver.

The I-140 filing must include evidence supporting your educational or professional background, a clearly defined proposed endeavor, and documentation addressing each prong of the NIW standard.

2. Form ETA-9089 (Application for Permanent Employment Certification): While you are requesting a waiver of the actual certification, you must still submit an uncertified version of this form.
3. Optional: Form G-28 (Notice of Entry of Appearance) if you are represented by an attorney.
4. Optional: Form G-1145 (e-Notification of Application/Petition Acceptance) if you wish to receive electronic updates on your case status.

Can NIW be E-filed?

Yes, EB-2 NIW petitions (Form I-140) can be e-filed as of late 2025. After the Form I-140 is submitted and a receipt number is issued, a Premium Processing request (Form I-907) may be filed online using that receipt number.

However, USCIS file-size limits in the e-filing system often require supporting evidence to be divided into multiple PDF uploads. This can disrupt the narrative flow of the case and make it more difficult for adjudicating officers to review individual pieces of evidence in context. In addition, adjustment of status applications must still be filed by paper.

Do I need to complete PERM before filing NIW?

No. One of the defining features of NIW is that it eliminates the PERM labor certification process entirely.

This means you do not need to go through recruitment, prevailing wage determinations, or Department of Labor review before filing the I-140. USCIS allows this waiver only when the petition demonstrates that bypassing PERM serves the national interest.

Do I need a job offer to file NIW?

No. A job offer is not required for NIW.

However, USCIS still expects to see a credible explanation of how you will carry out your proposed endeavor in the United States. This may include employment, independent research, entrepreneurship, or collaboration across organizations, as long as it aligns with the endeavor described in the petition.

What is a priority date and why does it matter?

Your priority date is generally the date USCIS receives your I-140 petition. It determines when you are eligible to apply for the green card stage.

Even after NIW approval, you cannot file Form I-485 or complete consular processing until your priority date becomes current under the Department of State's Visa Bulletin.

How long does an NIW case usually take?

There is no fixed timeline for how long an NIW case will take. Without Premium Processing, adjudication times can vary widely and, in practice, may range from several months to over a year. Because processing times change frequently, the most reliable way to check current estimates is through the official USCIS Case Processing Times page: https://egov.uscis.gov/processing-times/

Applicants should view the posted timelines as general guidance rather than guarantees, as individual cases may move faster or slower than the published averages. It is also important to distinguish between I-140 adjudication time and the overall green card timeline, which may be further affected by visa availability and priority date backlogs.

If my I-140 is approved, can I file I-485 immediately?

Not necessarily. I-140 approval confirms eligibility, but you may only file Form I-485 if your priority date is current and USCIS permits filing that month.

In practice, many NIW applicants experience a waiting period between I-140 approval and the ability to move forward with the final green card stage.

Can NIW be premium processed?

Yes. EB-2 NIW petitions (Form I-140) are eligible for Premium Processing, which allows USCIS to adjudicate the I-140 within 45 business days after USCIS receives the Premium Processing request.

Premium Processing may be requested upfront, at the time the I-140 is filed, or later as an upgrade while the NIW petition is already pending. It is important to note that Premium Processing only speeds up the I-140 adjudication and does not affect priority date backlogs or visa bulletin availability for the green card stage.

Do I need publications or high citation counts to qualify for NIW?

No specific number of publications or citations is required.

USCIS evaluates the quality, relevance, and real-world impact of your work rather than relying solely on academic metrics. In some cases, a smaller number of influential contributions can carry more weight than a long publication list with limited impact.

What role do recommendation letters play in NIW cases?

Recommendation letters are written statements from individuals qualified to evaluate your work and its significance.

While not legally required, well-written recommendation letters often help USCIS understand the importance of your contributions, how your work is used by others, and why it benefits the United States beyond your immediate employer.

Are recommendation letters required for NIW?

Recommendation letters or support letters are not legally required by USCIS for an EB-2 NIW petition. However, they are an essential component of a successful NIW case because they provide the expert testimony needed to bridge the gap between your technical achievements and the legal standards for national interest.

Under the updated 2025 USCIS Policy Manual, recommendation letters or support letters are one of the most effective ways to prove you meet the NIW standard. Government letters provide authoritative validation of 'National Importance,' while letters from individuals who have worked closely with you such as current or former employers, mentors, or colleagues provide the first-hand information necessary to verify your record of success and specialized skills.

Can I Apply NIW Without Recommendation Letters or Support Letters?

A: Yes. It is entirely possible to file an EB-2 NIW petition without any recommendation letters. Our firm has successfully secured numerous NIW approvals for clients by relying on robust objective evidence rather than subjective testimonials.

However, if you choose not to submit letters, your other documentation must be exceptionally strong to satisfy the Dhanasar three-prong test. In these "no-letter" cases, we emphasize:

• One of the Most Effective Evidence Types: A detailed Proposed Endeavor or professional plan that provides a clear, data-driven roadmap for your U.S. activities.
• Objective Impact: Quantifiable metrics such as research citations, software deployments, industry-standard innovations, or government funding.
• National Priority Alignment: Documentation showing your work directly supports 2025 federal priorities like critical and emerging technologies (e.g., AI, Clean Energy) or public health.

What makes a recommendation letter effective for NIW?

Effective recommendation letters are detailed and specific. They explain what you did, why it matters, and how it contributes to national-level interests.

USCIS tends to give less weight to generic praise and more weight to letters that describe concrete examples, measurable impact, and the recommender’s basis for evaluating your work.

If I work in industry and have no publications, what evidence can I use for EB-2 NIW?

Many NIW applicants come from industry and do not rely on academic publications. Common forms of evidence include products or systems you helped develop, patents, technology adoption, commercial deployments, contracts, open-source contributions, internal leadership roles, or documentation showing that others rely on your work in practice.

Who should write recommendation letters for an NIW case?

Strong NIW recommendation letters are typically written by individuals who are qualified to evaluate your work and explain its broader impact.

USCIS gives greater weight to letters that clearly describe how your work relates to national-level needs or public objectives. After the January 2025 USCIS policy update, letters from government agencies, government-funded or quasi-government institutions, national laboratories, public universities, or organizations with a public mission are often especially persuasive when available, because they can directly explain how the work aligns with U.S. priorities.

Further, the January 2025 USCIS guidance clarifies that letters from individuals who have worked closely with the petitioner are direct evidence of whether the petitioner is well positioned, because such individuals can provide first-hand, detailed accounts of the petitioner’s actual contributions to work of national importance.

That said, the content of the letter matters more than the title of the recommender. The most effective letters explain, in concrete terms, why the work matters beyond a single employer, how it is being used or relied upon, and why allowing the petitioner to continue the work without labor certification benefits the United States. In practice, we help clients evaluate not only who can write a letter, but which perspectives best support each NIW prong.

I am a startup founder or a product leader. How can I prove “national importance” without academic citations?

Academic publications and citations are not the only way to demonstrate national importance or to show that an applicant is well positioned to advance a proposed endeavor.

For non-academic cases, USCIS focuses on whether the proposed endeavor addresses a recognized U.S. need and has the potential for impact beyond a single company or role. National importance may be established through real-world adoption, commercialization, scalable impact, or contributions to industries that affect the U.S. economy, public welfare, or technological competitiveness.

In these cases, the emphasis is on practical impact and forward-looking relevance, rather than academic recognition alone.

Can I apply for NIW from outside the United States?

Yes. You may file the NIW petition while residing outside the United States.

If the I-140 is approved, you would complete the final green card stage through immigrant visa processing at a U.S. consulate once your priority date becomes current.

Can F-1 or J-1 visa holders apply for NIW?

Often, yes. Many NIW applicants file their I-140 while in F-1 or J-1 status.

Filing an immigrant petition does not automatically require you to change status, but timing and travel plans should be considered carefully, especially for those still maintaining nonimmigrant intent.

If I am subject to the J-1 two-year home residency requirement (212(e)), can I still apply for NIW?

In many cases, you may still file the NIW I-140 petition.

However, the two-year home residency requirement can affect when and how you complete the final green card stage. Strategic planning is often needed to coordinate the NIW process with a future J-1 waiver.

Does filing a NIW affect my visa status or future work eligibility?

Filing an NIW petition (Form I-140) does not, by itself, change your current visa status or grant work authorization.

If you are in the United States, your ability to work continues to depend on the nonimmigrant status you currently hold (such as H-1B, O-1, L-1, F-1 with OPT, etc.) and the rules associated with that status. A pending or approved NIW petition does not automatically expand or restrict your employment rights.

Your work eligibility may change later, if and when you become eligible to file Form I-485 (Adjustment of Status) based on an approved NIW and a current priority date. At that stage, you may apply for an Employment Authorization Document (EAD), which allows employment without being tied to a specific employer or visa category.

The same framework applies to your spouse. Filing an NIW petition does not alter a spouse’s existing visa status or work eligibility. However, if the spouse later files Form I-485 as a derivative applicant, they may also apply for an EAD and work without restriction once it is approved.

Because visa status, work authorization, and adjustment timing are closely interconnected, these questions are often evaluated as part of an overall NIW strategy rather than in isolation.

When does an NIW applicant (and their spouse) get employment/work authorization (EAD)?

Filing or having an approved NIW petition (Form I-140) by itself does not grant work authorization to either the principal applicant or their spouse.

While the NIW (I-140) is pending or approved:

• The principal applicant may work only if they already hold a nonimmigrant status that allows employment (such as H-1B, O-1, L-1, etc.).
• The spouse may work only if they independently hold a status that provides work authorization (such as J-2 with EAD eligibility, L-2, E-2, or another employment-authorized status). If the principal applicant is in H-1B status and has an I-140 approval, the dependent spouse in H-4 status is eligible to apply for an H-4 EAD.

After filing Form I-485 (Adjustment of Status):

If and when the applicant is eligible to file Form I-485 based on an approved NIW and a current priority date, both the applicant and the spouse may apply for Employment Authorization Documents (EADs). Once the EADs are approved, each may work for any employer without restriction.

I have a pending NIW: Can I change employers or job titles?

Changing jobs does not automatically jeopardize an NIW petition, because NIW cases are based on your proposed endeavor, not on a single employer or job offer.

What matters is whether your new role remains consistent with the proposed endeavor described in your petition. If the new position allows you to continue advancing the same type of work, goals, or national-level impact outlined in the NIW filing, a job change is usually not problematic.

However, if the new role represents a material shift in focus, scope, or nature of your work, such that it no longer aligns with the original proposed endeavor, USCIS may question whether the basis of the NIW petition still holds. In those situations, it is important to reassess strategy and, if necessary, adjust how the endeavor is explained to ensure continued consistency.

Do I have to stay in the same field after filing NIW? If so, how long?

The proposed endeavor in an NIW petition describes the work you plan to pursue in the United States on an ongoing basis as a permanent resident. It does not require you to already be fully engaged in that work at the time of filing.

However, during the period when USCIS is adjudicating the I-140 petition, officers evaluate whether you are well positioned to advance the proposed endeavor. As part of that assessment, USCIS may consider your recent and current professional activities to determine whether they reasonably support the future plan described in the petition.

For this reason, while you are not legally required to remain in the same job or employer, significant changes that directly contradict the proposed endeavor, especially before I-140 approval, may raise questions about credibility and positioning. In contrast, reasonable evolution within a related field, transitional roles, or temporary deviations that do not undermine the overall direction of the endeavor are generally acceptable.

Once the NIW petition is approved and permanent residence is obtained, applicants typically have substantially greater flexibility, as the proposed endeavor is not tied to a specific employer or position.

What is the difference between EB-1A (Alien of Extraordinary Ability) and NIW

What is the difference between EB-1A (Alien of Extraordinary Ability) and NIW

Which one is easier, EB-1A or NIW?

The choice between EB-1A (Extraordinary Ability) and EB-2 NIW (National Interest Waiver) is a strategic decision that depends heavily on the nature of your professional profile and career achievements. While both allow for self-petitioning and bypass the employer-sponsored PERM process, their evidentiary standards focus on different timelines of your career.

For researchers and academics, EB-1A generally has higher publication and citation expectations. USCIS often looks for evidence of sustained acclaim, such as:

• high citation counts relative to field,
• major awards or prizes,
• extensive peer-review service,
• strong evidence of field-wide recognition.

For industry professionals with limited academic publications or traditional research credentials, EB-1A can sometimes be a more viable option than EB-2 NIW, provided they can strongly satisfy specific regulatory criteria.

Many of our industry clients successfully rely on the following EB-1A criteria:

• Leading or Critical Role:
  Serving in a leading or critical role for distinguished organizations, where the applicant’s contributions are essential to the organization’s success.
• High Salary or Remuneration:
  Earning a salary or compensation significantly higher than others in the same field, demonstrating market recognition of exceptional ability.
• Original Contributions of Major Significance:
  Developing proprietary technologies, products, or innovations that have had a demonstrable and significant impact on the industry.

When these criteria are well documented, EB-1A may be achievable even without extensive publications, making it a strategic alternative for senior engineers, AI professionals, founders, and industry leaders.

Can I file EB-2 NIW and EB-1A at the same time?

Yes. USCIS allows applicants to file multiple immigrant petitions in different categories, such as EB-2 NIW and EB-1A, at the same time. Each petition is evaluated independently and must meet its own legal standard.

However, in recent adjudication practice, USCIS officers may cross-check filings across different categories. If the petitions present inconsistent narratives, achievements, or claims of impact, USCIS may issue a Request for Evidence (RFE) asking the applicant to explain the discrepancies.

For this reason, filing both petitions requires careful coordination. While the legal standards of EB-2 NIW and EB-1A are different, the core facts, career trajectory, and scope of contributions must remain internally consistent. When properly aligned, filing both petitions can offer strategic flexibility; when poorly aligned, it can create unnecessary risk.

Can an NIW petition be withdrawn?

Yes. An NIW petition (Form I-140) may be withdrawn by the petitioner or the petitioner’s attorney (with a valid Form G-28) by submitting a written withdrawal request to USCIS. Once USCIS accepts the withdrawal, the petition is treated as withdrawn and USCIS will stop adjudicating it.

Applicants may consider withdrawal when circumstances change. For example, the proposed endeavor has materially shifted, key evidence is no longer available, or the applicant decides to pursue a different immigration strategy. In some cases, withdrawal is also considered when the petitioner wants to restructure and strengthen the filing and submit a new petition with clearer positioning and improved evidence rather than continuing with a pending case that is no longer optimally presented.

It is important to understand the practical impact. Withdrawal does not typically result in a refund of filing fees, and withdrawing may affect timing strategy because the new filing will receive a new receipt and timeline. If your case has already progressed (for example, an RFE/NOID is issued) or if there are related immigration plans dependent on the pending petition, the decision to withdraw should be made carefully based on the full case context.

My NIW is denied. What should I do?

If your EB-2 NIW petition is denied, the first priority is to maintain valid immigration status if you wish to remain in the United States. An NIW denial by itself does not automatically affect your current nonimmigrant status (such as F-1, J-1, H-1B, or O-1), but you must continue to comply with the terms of that status.

If you still wish to pursue EB-2 NIW approval, you generally have several options:

1. File a New EB-2 NIW Petition

You may choose to file a new NIW petition, either immediately or after strengthening your profile. A new filing may include additional evidence, refined arguments, or expert support letters.

2. File a Motion to Reopen or Reconsider

You may file:

• a Motion to Reopen, if you have new evidence that was not previously available, and or
• a Motion to Reconsider, if you believe USCIS made a legal or factual error based on the evidence already submitted.

These motions must be filed within 30 days of the denial.

3. Appeal the Decision to the AAO

You may appeal the denial to the Administrative Appeals Office (AAO) if you believe the decision was incorrect. AAO appeals typically take a long time and are decided based on the existing record and legal arguments.

Which option is most appropriate depends on the reasons for the denial, your current immigration status, timing considerations, and your long-term strategy.

Unlike some firms that are reluctant to pursue appeals, North America Immigration Law Group, also known as Chen Immigration Law Associates (WeGreened.com), has extensive experience assisting clients with motions, appeals, and refilings after NIW denials. Over the years, our firm has successfully helped many clients overturn NIW denials through motions to reopen, motions to reconsider, or appeals, as well as obtain approvals by strategically refiling new NIW petitions with strengthened evidence and refined legal arguments.

If my NIW petition is denied, how long must I wait to reapply?

There is no mandatory waiting period to refile after a denial.

However, refiling is most effective when supported by new evidence, a revised proposed endeavor, or a stronger overall case strategy, rather than resubmitting the same materials.

How do law firms differ in handling NIW cases?

Although the legal standard for NIW is the same, outcomes often depend on how a case is analyzed and framed.

Effective NIW preparation begins with a strategic evaluation of the applicant’s background, track record, and future plans, with the goal of identifying the most persuasive and defensible case strategy under current USCIS adjudication practices. Rather than treating NIW eligibility as a checklist, careful analysis is required to determine how a petitioner’s work can be positioned as nationally important and how the evidence should be structured to support that position.

As NIW adjudication has become more detail-oriented, an attorney’s ability to analyze the case strategically and tailor the approach to the individual petitioner has become increasingly important. Strong NIW cases are built not only on credentials, but on clear reasoning, internal consistency, and a well-supported narrative that aligns the petitioner’s work with U.S. national interests.

For applicants who want to better understand how NIW case strategies are developed in practice, reviewing real case examples can be helpful. Seeing how different backgrounds are analyzed, how key strengths are identified, and how challenges are addressed can provide practical insight into what makes an NIW petition persuasive. Our NIW success stories offer examples of how these strategic considerations are applied across a range of fields and circumstances.

Where can I see examples of approved NIW cases?

Reviewing approved NIW cases can be a helpful way to understand how different backgrounds are analyzed, how key strengths are identified, and how common challenges are addressed in practice.

Our NIW success stories highlight how proposed endeavors are framed, how evidence is organized, and how case strategies are adjusted across a wide range of fields and circumstances. These examples are intended to provide practical insight into what makes an NIW petition persuasive under current USCIS adjudication standards.

For applicants who want feedback specific to their own background, a free NIW case evaluation can provide initial strategic guidance. Through this review, an attorney can help clarify how your background may be positioned under the NIW framework, identify potential strengths and risks, and outline a viable case strategy so you have a clearer understanding of the overall NIW process before deciding how to proceed.

How has the 2025 USCIS guidance changed EB-2 NIW adjudications?

The January 2025 USCIS guidance did not change the legal standard for EB-2 NIW, but it changed how cases are evaluated in practice.

Adjudicators now place greater emphasis on clarity, specificity, and direct relevance. Generic descriptions or evidence that is not clearly tied to the proposed endeavor carry less weight. Officers are also paying closer attention to whether recommendation letters reflect first-hand knowledge of the applicant’s work, rather than relying solely on prestige or generalized endorsements.

In addition, letters from government agencies, government-funded or quasi-government institutions, national laboratories, and public-interest organizations are often given greater evidentiary weight when available, particularly when they explain how the work aligns with U.S. priorities or serves a broader public interest.

As a result, successful NIW cases tend to be more strategically structured, with clearer framing of the proposed endeavor and more deliberate mapping of evidence to each Dhanasar prong.