Frequently Asked Questions for EB2 Visa and National Interest Waiver (EB2 NIW)

What does NIW stand for?

NIW stands for National Interest Waiver, which is a category within the U.S. green card application process, specifically under the EB-2 visa category. Generally, the second preference of employment-based immigrant visas (EB-2) requires a specific job offer and an employer-obtained labor certification (PERM). The labor certification process ensures that no qualified U.S. workers are available for the position, thus protecting the domestic labor market.

However, under the National Interest Waiver (NIW) provision, a foreign national may request that the job offer and labor certification requirement be waived by demonstrating that their admission to permanent residency would significantly benefit the national interest of the United States. This allows the foreign national to self-petition for an immigrant visa without employer sponsorship. The legal framework guiding NIW petitions was clarified in the precedent decision Matter of Dhanasar (2016), and most recently reinforced by the January 2025 USCIS policy update, which provides further guidance on how USCIS officers evaluate proposed endeavors, petitioners' qualifications, and national interest considerations.

Is NIW a green card?

Yes, the EB-2 NIW (National Interest Waiver) is a pathway within the U.S. green card process. Specifically, it is a self-petition option under the EB-2 employment-based second preference category. If your Form I-140 petition for NIW is approved, this confirms your eligibility for a green card under the EB-2 category. However, approval of the I-140 petition is not the final step.

To become a lawful permanent resident (i.e., obtain a green card), you must still complete the second stage of the process:

• Adjustment of Status (Form I-485) if you are inside the United States; or
• Immigrant Visa Processing at a U.S. embassy or consulate if you are outside the United States.

This final stage depends on visa availability as determined by the Visa Bulletin published monthly by the U.S. Department of State. As of 2025, the EB-2 category is retrogressed for all countries of birth. For applicants born outside India and China, the delay is generally around 1–2 years. However, for those born in China, the wait is typically 4–5 years, and for India, the backlog can be significantly longer. While these timelines may fluctuate based on annual visa availability and demand, retrogression remains a key factor to consider when planning your green card strategy.

What are the differences between Regular EB2 visa and EB2 NIW (National Interest Waiver) petitions?

For an ordinary EB2 petition, a U.S. employer must act as the petitioner. The employer is required to complete the labor certification (PERM) process with the U.S. Department of Labor to prove there are no minimally qualified U.S. workers available for the position. Once the labor certification is approved, the employer can file Form I-140 on behalf of the foreign national, who is considered the "beneficiary."

In contrast, the EB2 NIW allows the foreign national to self-petition. This means:

• The foreign national files Form I-140 without a job offer or labor certification.
• The petitioner must not only meet the EB2 eligibility criteria (advanced degree or exceptional ability) but must also establish that a waiver of the job offer and labor certification is in the national interest of the United States.

This is evaluated using the three-prong test from the Matter of Dhanasar decision:

1. The proposed endeavor has substantial merit and national importance.
2. The foreign national is well positioned to advance the proposed endeavor.
3. On balance, it would benefit the United States to waive the job offer and labor certification requirements.

Generally, it is more difficult to obtain immigration benefit under EB2 NIW (National Interest Waiver) than the ordinary EB2 because of the additional requirements for demonstrating "national interest." However, we at North America Immigration Law Group have successfully helped more than 40,000 clients obtain EB2 NIW approval, and the approval rate for NIW cases we offer our "Approval or Refund^®" service has remained above 99% for the last 10 consecutive years.

The January 2025 USCIS policy update further emphasizes the importance of defining the endeavor with specificity and aligning it with U.S. national priorities. further emphasizes the importance of defining the endeavor with specificity and aligning it with U.S. national priorities.

Who can file a petition under EB2 NIW (National Interest Waiver)?

A foreign national who meets the threshold criteria for the EB2 visa category (either as an advanced degree professional or as an individual of exceptional ability) may file their own NIW petition. This is referred to as a self-petition.

Alternatively, although less common, an employer may still petition for a foreign national under the NIW category. In either case, the petition must include detailed evidence demonstrating

What does EB2 NIW (National Interest Waiver) waive?

The National Interest Waiver waives two key requirements normally associated with the EB2 visa process:

1. Labor Certification (PERM): The PERM process requires the employer to test the U.S. labor market to prove that no minimally qualified U.S. worker is available for the job. This process can be lengthy and uncertain. NIW removes this step entirely.
2. Job Offer Requirement: Regular EB2 petitions require a permanent, full-time job offer from a U.S. employer. NIW allows individuals to apply based on their own merits and proposed endeavor, even if they are self-employed, conducting independent research, or launching a startup.

This waiver is granted only when the petitioner can convincingly show that such a waiver would serve the national interest, as detailed in Matter of Dhanasar and the 2025 USCIS policy manual update, which offers specific guidance on interpreting and documenting "national importance."

Who are eligible for NIW?

To be qualified for EB2 NIW (National Interest Waiver), one must first meet the requirements of the EB2 category (Second Preference Employment-Based Immigration), which can be satisfied in one of two ways:

(1) EB2 “Advanced Degree” — EB2 Advanced Degree can be satisfied by having: (a) any advanced degree beyond a baccalaureate degree (including a U.S. or foreign Ph.D., a U.S. or foreign master’s, or MD/MBBS), or (b) by demonstrating that you have the “equivalent” to an advanced degree (namely, a baccalaureate degree plus five years of progressive work experience in your field of expertise).

Although your case under EB2 Advanced Degree would generally be somewhat stronger with a Ph.D., a Ph.D. is not a strict requirement to satisfy EB2 Advanced Degree. USCIS will assess whether your degree and experience meet the specific standards of your professional field.

(2) EB2 “Exceptional Ability” — If you do not meet either of the above two requirements, you can still satisfy the requirements of EB2 by demonstrating that you satisfy EB2 Exceptional Ability. To do so, you would have to provide evidence that you meet at least three of the criteria listed below:

• Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
• Letters documenting at least 10 years of full-time experience in your occupation
• A license to practice your profession or certification for your profession or occupation
• Evidence of high salary or other remuneration for services that demonstrates your exceptional ability
• Membership in a professional association(s)
• Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations

Other comparable evidence of eligibility is also acceptable in cases where the above criteria do not neatly apply. USCIS evaluates these petitions holistically, considering the nature of your field, the relevance of the submitted documents, and your overall impact and capabilities.

Once the EB2 classification is satisfied, the petitioner must then demonstrate their eligibility for a National Interest Waiver under the framework of Matter of Dhanasar, showing that their proposed work holds substantial merit, is of national importance, and that a waiver of the job offer and labor certification requirements would benefit the United States.

What is an advanced degree for the purpose of EB-2 visa?

An advanced degree under the EB-2 category refers to a U.S. academic or professional degree above a bachelor's (e.g., Master's, Ph.D., M.D., J.D., etc.), or its foreign equivalent. In accordance with USCIS’s refined 2025 policy guidance, adjudicators are directed to determine whether the foreign degree is comparable in both level and relevance to a U.S. advanced degree, using authoritative credential evaluations.

What if one only has a Bachelor’s degree, and not a Master's or above?

If the foreign national holds only a U.S. baccalaureate or foreign equivalent degree, they may still qualify for EB-2 classification if they possess at least five years of progressive, post-baccalaureate experience in the specialty field. USCIS evaluates whether this experience involved increasing responsibility, complexity, and skill over time. If the person cannot meet this experience threshold, they must instead qualify under the "exceptional ability" category.

What is “exceptional ability“ for the purpose of EB2 petition?

The other group in the second employment-based preference includes foreign nationals with exceptional ability in the sciences, arts, or business. Athletes may be considered aliens of exceptional abilities in the arts for purposes of qualifying in the second employment-based preference.

Who has "exceptional ability"? What document qualifies then as evidence of "exceptional ability"?

Under U.S. immigration law, specifically for the EB-2 employment-based immigrant visa category, "exceptional ability" refers to a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. This means the applicant must demonstrate a level of knowledge, skill, and recognition that clearly sets them apart from others in their field.

To qualify, USCIS requires documentation showing at least three of the following six criteria. Each piece of evidence must be specific, verifiable, and directly related to the applicant’s field of expertise.

Elaboration on Each USCIS Criterion for "Exceptional Ability"

1. Official Academic Record

• What it is: A degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning.
• What qualifies: The academic record must relate directly to the area of claimed exceptional ability (e.g., a master’s in engineering for an engineer).
• Evidence: Official transcripts, diplomas 

2. Letters Showing 10+ Years of Full-Time Experience

• What it is: Documentation from current or former employers verifying at least 10 years of full-time experience in the occupation.
• What qualifies: Letters must be on company letterhead, signed by authorized personnel, and detail the applicant’s role, dates of employment, and responsibilities.
• Evidence: employment verification letters 

3. Professional Licensure or Certification

• What it is: A license to practice a profession or certification for a particular occupation.
• What qualifies: Valid, current licenses or certifications issued by relevant authorities or professional bodies in the field.
• Evidence: Copies of licenses, certificates, or official letters from certifying bodies.

4. Evidence of High Compensation

• What it is: Proof that the applicant has commanded a salary or other remuneration for services that demonstrates exceptional ability.
• What qualifies: The compensation must be significantly higher than that of others in the same field, indicating the applicant’s expertise is sought after.
• Evidence: Pay stubs, tax returns, employment contracts, or official salary surveys showing comparative data.

5. Membership in Professional Associations

• What it is: Membership in associations related to the applicant’s field.
• What qualifies: The association is recognized in the field as a professional organization. Membership is limited to individuals with a U.S. bachelor's degree or foreign equivalent, or with significant professional credentials.
• Evidence: Membership certificates, documentation of requirements for membership.

6. Recognition from Peers, Government Entities, or Professional Organizations

• What it is: Evidence of achievements and significant contributions recognized by peers, government agencies, or professional/business organizations.
• What qualifies: Awards, honors, published articles, citations, or letters of commendation that demonstrate the applicant’s impact and reputation.
• Evidence: Award certificates, press releases, letters of recognition, or documentation of significant projects or contributions.

Final Merits Determination: Meeting at least three criteria is necessary but not sufficient. USCIS will conduct a holistic review to determine if, in totality, the evidence shows the applicant is recognized as having a degree of expertise significantly above that ordinarily encountered in the field.

As of the 2025 policy update, USCIS emphasizes that the submitted evidence must be specific, verifiable, and linked directly to the field of the proposed endeavor.

May other evidence be considered in addition to the listed six criteria of “exceptional ability“?

Yes. USCIS allows comparable evidence to be submitted in lieu of one or more of the enumerated categories when the standard criteria do not readily apply to the petitioner’s occupation. The petitioner must explain why standard evidence is not applicable and why the alternative documentation is relevant.

May a foreign medical degree qualify as the equivalent of a U.S. M.D. degree for the purpose of an EB2 petition?

A foreign medical degree may qualify as the equivalent of a U.S. M.D. degree for the purpose of an EB-2 petition, but several specific criteria must be met to establish this equivalency under USCIS standards. According to the latest 2025 USCIS policy update and industry best practices, the following conditions are required:

1. The foreign national must establish that they have been awarded a foreign medical degree from a medical school that requires a bachelor’s degree (equivalent to a U.S. bachelor's degree) as a prerequisite for admission. This demonstrates that the educational pathway is comparable to U.S. medical education standards.
2. A credential evaluation must be provided from a recognized educational evaluation agency. This evaluation should clearly explain how the foreign medical degree is equivalent to a medical degree obtained from an accredited medical school in the United States. The analysis typically includes academic content, length of the program, clinical rotations, and prerequisites.
3. Alternatively, or in addition, the foreign national may show that they have passed the National Board of Medical Examiners Examination (NBMEE) or its current equivalent, such as the United States Medical Licensing Examination (USMLE), including Steps 1, 2 (CK and CS), and 3. While these exams are not always required for the I-140 stage, passing them provides strong supporting evidence of equivalency and U.S. medical competence.

This determination is evaluated by USCIS on a case-by-case basis, and the petitioner should include supporting documentation such as the credential evaluation, score reports for relevant exams, and evidence showing the structure and requirements of the foreign medical school.

In addition, if the foreign national intends to work in clinical practice in the U.S., relevant licensure or eligibility for licensure may further support the case. If the endeavor is in research, policy, or teaching, then a combination of academic credentials, publications, and institutional recognition may suffice to establish the required educational background.

USCIS adjudicators apply a holistic analysis, and it is critical to show that the foreign medical education and training are substantially equivalent in rigor, content, and professional outcomes to a U.S.-conferred Doctor of Medicine degree. Where necessary, expert opinion letters, evaluations, and evidence of national-level recognition of the degree may also be submitted to reinforce this claim.

Who qualifies under EB2 NIW (National Interest Waiver)?

A foreign national qualifies under the EB2 NIW category if they satisfy both:

1. The threshold requirements for EB-2 classification (i.e., they possess an advanced degree or demonstrate exceptional ability in the sciences, arts, or business), and
2. The three-prong test established by the Matter of Dhanasar:
• The proposed endeavor has substantial merit and national importance;
• The foreign national is well positioned to advance the proposed endeavor; and
• On balance, it would benefit the United States to waive the job offer and labor certification requirements.

These criteria are evaluated holistically and require strong supporting evidence. Fields of endeavor can include—but are not limited to—science, technology, healthcare, public policy, education, climate resilience, energy, and economic development.

What form does the EB2 NIW (National Interest Waiver) petition file?

The EB2 NIW petition is submitted using Form I-140. This form must be accompanied by documentation proving both EB-2 eligibility and satisfaction of the Dhanasar three-prong standard, including a proposed endeavor statement, expert letters, and evidence of the petitioner’s credentials and achievements.

Is a labor certification required before the filing of I-140 of EB2 NIW (National Interest Waiver)?

No. One of the core benefits of the National Interest Waiver is that it eliminates the need for a labor certification (PERM). USCIS recognizes that the foreign national’s work, if found to be in the national interest, justifies bypassing the traditional labor market test.

Is a job offer required for EB2 NIW (National Interest Waiver)?

No. A job offer or permanent employment position is not required. The EB2 NIW category allows for self-petitioning, enabling individuals to apply independently without employer sponsorship. This is particularly advantageous for researchers, entrepreneurs, and professionals in non-traditional or cross-sectoral roles.

What are the major advantages of applying for EB2 NIW (National Interest Waiver)?

• No labor certification is required, saving time and cost.
• No job offer or employer sponsorship is necessary.
• Self-petitioning is allowed, offering greater autonomy.
• Suitable for individuals in research, entrepreneurship, public policy, or non-traditional employment structures.

Is EB-2 NIW difficult?

A foreign national seeking EB2 NIW approval must demonstrate that their qualifications and proposed endeavor provide a clear prospective national benefit. The burden of proof rests with the petitioner to show that waiving the job offer and labor certification requirements is in the national interest of the United States. While meeting EB2 eligibility is a prerequisite, it is not enough—success depends largely on how well the case is presented. The petition must include relevant, persuasive evidence and a strong, cohesive narrative linking the petitioner’s expertise to national-level impact. Each case is adjudicated on its own merits, and final decisions are subject to the discretion of the USCIS officer, which can vary from case to case.

While the standard is demanding, approval is achievable with a strategic and well-organized petition. The likelihood of success greatly improves when the evidence is relevant, specific, and convincingly argued. The North America Immigration Law Group has maintained an approval rate above 99% for cases under its "Approval or Refund^®" service over the past decade, reflecting the importance of tailored case presentation.

What is the recent EB2 NIW approval Rate?

During 1Q of FY2025, USCIS approved 4,722 EB-2 NIW cases and denied 2,799 EB-2 NIW cases.  That means 37% of EB-2 NIW cases adjudicated in 1Q of 2025 were denied, and 63% were approved.

What standard does the USCIS take to determine a EB2 NIW (National Interest Waiver) case?

The current standard is defined by the Matter of Dhanasar (decided on December 27, 2016), which requires:

1. The proposed endeavor has substantial merit and national importance;
2. The foreign national is well positioned to advance the proposed endeavor;
3. On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.

Each element must be supported by credible and well-organized documentation. USCIS applies a totality-of-the-evidence approach.

What are the requirements of “substantial merit“ and "national importance" under the first prong of Matter of Dhanasar? What evidence should be submitted to meet the requirements?

A. Substantial Merit

To satisfy the first element of the Matter of Dhanasar framework, the petitioner must demonstrate that the proposed endeavor has substantial merit. According to the January 2025 USCIS policy update, this means the endeavor should address a meaningful problem, advance knowledge or practice in the field, or contribute to societal well-being.

Substantial merit may be shown in a wide range of fields, including but not limited to:

• Science and technology
• Healthcare and public health
• Education
• Business and entrepreneurship
• Public policy and the arts

The work does not need to yield immediate economic value, but it must present a clear benefit to the field or society.

Examples of persuasive evidence include:

• A well-written and clearly defined description of the proposed endeavor that outlines its goals, scope, and importance;
• Research publications, white papers, or other technical documentation supporting the value and rationale for the work;
• Support letters that explain, in accessible terms, the significance and anticipated impact of the endeavor.

B. National Importance

The national importance element refers to the impact of the endeavor beyond the individual or a localized context. Per the January 2025 USCIS policy clarification, adjudicators now place greater weight on whether the endeavor:

• Has national or global implications in its field;
• Aligns with U.S. government initiatives or addresses publicly recognized challenges;
• Advances economic development, equity, public health, climate resilience, technological advancement, or other societal objectives.

Evidence to demonstrate national importance may include:

• A detailed proposed endeavor statement explaining how the endeavor supports national goals or addresses urgent U.S. policy needs;
• Documentation of government funding, such as grants from NIH, NSF, DOE, DOD, or similar bodies, showing formal support or alignment with national research or innovation priorities;
• Endorsements or support letters from U.S. agencies or officials affirming the importance of the work;
• Published citations, media coverage, or inclusion in national-level strategies that refer to the field or problem being addressed.

Together, the petitioner’s documentation must establish that the endeavor is not only valuable in its domain, but also has wider relevance and significance to U.S. national interests. The standard emphasizes both breadth of impact and alignment with strategic priorities, and USCIS encourages petitioners to use concrete, objective evidence to support each assertion.

What factors does the USCIS consider to assess if “it would be beneficial to the United States to waive the job offer and labor certification requirements” for the foreign national under the Matter of Dhanasar decision?

Under the third prong of the Dhanasar framework, USCIS conducts a balancing test to determine whether the national interest in the foreign national’s contributions outweighs the benefits of labor market protections.

Per the 2025 USCIS guidance, key factors include:

• Whether the foreign national possesses specialized expertise that makes labor certification impractical.
• Whether the endeavor is urgent, time-sensitive, or requires flexibility not compatible with traditional employer sponsorship.
• Whether the work creates jobs, stimulates innovation, or enhances U.S. competitiveness.
• Whether the petition provides a coherent rationale explaining why waiving the job offer requirement better serves the public interest.
  
  

It’s essential to present a cohesive case: the petition, support letters, and supporting documentation should collectively show that the endeavor delivers tangible, broad-scale benefits and that traditional labor certification would hinder or delay these outcomes.

What supporting evidence will best show that the foreign national is well-positioned to advance the proposed endeavor?

Here’s a comprehensive list of commonly used and USCIS-recognized evidence types in EB2 NIW cases, now evaluated with greater specificity and alignment with 2025 adjudication trends:

Publications & Citation Records:
A full list of peer-reviewed publications, along with a citation analysis, demonstrates impact in the field. Supportive metrics like journal impact factors and field benchmarks help USCIS contextualize influence. While there is no fixed citation threshold, quality and field-specific relevance matter more than volume.

Support Letter:
These remain critical. Under the new policy, USCIS favors letters from individuals with direct experience working with or evaluating the petitioner’s work, regardless of their independence. Letters must:

• Discuss the petitioner’s accomplishments and track record,
• Explain how the petitioner is well positioned to advance the endeavor,
• Demonstrate national relevance and real-world benefit.
  
  

Government Funding/Grants:
Evidence of active participation in research supported by agencies like NIH, NSF, DOE, or DoD shows endorsement of national importance. Highlight the petitioner’s role in obtaining and executing such grants.

Memberships:
Selective memberships that require proven achievement, such as fellowship in elite societies, signal peer recognition of expertise.

Awards:
Awards must be individual, competitive, and widely recognized—preferably at the national or international level—to carry meaningful evidentiary weight.

Published Materials About the Foreign National:
Media or academic coverage focusing on the petitioner’s work, especially when featured by reputable outlets, underscores societal relevance.

Patents, Contracts, Licenses, Technology Transfers:
These confirm practical application and adoption of the petitioner’s work, reinforcing its utility and innovation.

Evidence of External Reliance:
Examples include invitations, collaborations, citations, or acknowledgments by institutions or professionals who have used the petitioner’s work—indicating influence and societal value.

How many publications and citations are sufficient to meet EB2 NIW (National Interest Waiver) requirements?

There is no minimum threshold. USCIS reviews each case individually based on the quality, relevance, and impact of the publications and citations. A small number of highly influential publications, especially if cited in government reports, major studies, or patent filings, may outweigh a large volume of lower-impact work. The 2025 USCIS guidance emphasizes contextual evidence over raw metrics.

Can I file under the category of EB2 NIW (National Interest Waiver) and another category simultaneously?

Yes. You may file under multiple categories, such as EB2 NIW and EB1-A. However, you must submit a separate Form I-140 and pay the filing fee for each category, along with distinct supporting documentation tailored to each classification. Do not check multiple visa types on the same form.

How can an EB2 NIW (National Interest Waiver) petition be filed?

The process begins by submitting Form I-140, Form ETA-9089, along with all supporting documentation, to the appropriate USCIS service center based on the proposed employment. Ensure that all materials are organized and complete upon submission, as 2025 guidance allows for denials without RFE if essential documentation is missing.

Does priority date matter in a EB-2 NIW (National Interest Waiver)?

Yes. As of 2025, EB-2 visa numbers are retrogressed for all countries. This means that even after your I-140 NIW is approved, you cannot file for adjustment of status (I-485) or proceed with immigrant visa processing until your priority date becomes current. For individuals born in China and India, the wait is significantly longer. For all other countries, the wait is currently around 1–2 years but may change depending on annual visa demand and allocations. The U.S. Department of State updates these cutoff dates monthly in the Visa Bulletin.

How do I know if I am qualified under EB2 NIW (National Interest Waiver) category?

The best way is to have your case professionally evaluated. Our attorneys can assess your qualifications based on the 2025 standards. Please submit your resume and basic background info through the following link for a free evaluation:
https://wenzo.wegreened.com/case_evaluation

Can an EB2 NIW (National Interest Waiver) be withdrawn?

Yes. Either the petitioner or their legal representative (via Form G-28) may submit a written withdrawal request to USCIS.

If my EB2 NIW (National Interest Waiver) petition gets denied, how long do I have to wait to file under EB2 NIW or other categories again?

There is no mandatory waiting period. You may refile at any time. New evidence or strategy adjustments are crucial after a denial.

How should I organize the evidence with the petition?

Follow these best practices:

• Submit all required documentation at the time of filing.
• Provide clear, legible copies of all documents.
• Include certified English translations for foreign-language materials.
• Use tabs and exhibit labels with an exhibit list that maps each item to eligibility criteria.

What is a letter of recommendation for EB2 NIW (National Interest Waiver) green card?

It is a written endorsement from a qualified individual in the petitioner’s field, describing the importance of the petitioner’s contributions, their positioning to advance their endeavor, and the national relevance of their work. According to the 2025 policy, these letters are helpful for NIW petitions, especially when written by individuals who have first-hand knowledge of the work.

What information should be included in the support letters for an EB2 NIW (National Interest Waiver) case?

Include:

• Qualifications of the recommender and their ability to evaluate your work.
• Specific examples of your contributions and their impact.
• An explanation of how your work benefits the United States.
• Substantiated claims, not vague generalizations.
• If applicable, employer letters may highlight your role as irreplaceable due to specialized knowledge.

How many support letters are needed for an EB2 NIW (National Interest Waiver) case?

There’s no USCIS minimum. It is possible to file NIW without any letters. But each letter should offer a unique perspective and reinforce different aspects of your case.

What assistance does your firm provide concerning drafting support letters for my EB2 NIW (National Interest Waiver) case?

If you choose Option 2 or Option 3, we provide a comprehensive service, including:

• Consultation on recommender selection,
• Guidance on content and purpose of letters,
• Custom drafting tailored to your field and case strategy,
• Revisions based on recommender feedback.

We never use templates. All letters are individually written to meet USCIS expectations under the 2025 policy.

What if I change jobs while my EB2 NIW (National Interest Waiver) petition is pending?

Since EB2 NIW allows self-petitioning, a change of employer does not automatically impact your case. However, your new position must still align with your proposed endeavor. You should consult with our attorneys before changing jobs to ensure continued eligibility.

May a Ph.D. student apply for an EB2 NIW (National Interest Waiver) green card?

Yes. Ph.D. students can apply if they demonstrate that their research or work is nationally significant and they are well positioned to continue it. Many of our successful clients were Ph.D. candidates at the time of filing. Visit our success stories here:
https://www.wegreened.com/blog/advanced-search/

I am outside the U.S., can I apply for the EB2 NIW (National Interest Waiver) category? What is the success rate?

Yes. Many of our successful NIW clients were located outside the U.S. at the time of filing. The key is to show that your credentials, proposed endeavor, and impact justify national interest.
More info:https://www.wegreened.com/How-Can-I-get-a-Green-Card-Outside-the-US

May a F-1 student visa or J-1 visiting scholar holder petition for EB2 NIW (National Interest Waiver) category? Do I have to wait to apply for the Green Card after my graduation and change the visa to H-1B?

No. You do not need to change to an H-1B to file an EB2 NIW. While F-1 and J-1 are non-immigrant visas, you can file a Green Card petition while in this status. The key is not to show immigrant intent at the time of visa application, but it is acceptable to adjust your intent later.

What is the real difference between EB2 NIW (National Interest Waiver) and EB1-A (alien of extraordinary ability) applications? Is it possible to file two petitions such as an EB2 NIW and EB1-A at the same time?

EB1-A requires extraordinary ability, meaning sustained national/international acclaim. EB2 NIW focuses on national interest, and the threshold is more accessible for many professionals. You may file both petitions simultaneously, and they are adjudicated independently. Many clients pursue both strategies for flexibility.

If I have not published articles in journals within my field, may I still apply for an EB2 NIW (National Interest Waiver) category?

Yes. While publications are helpful, they are not mandatory. USCIS evaluates all three Dhanasar prongs based on total evidence. Entrepreneurs or applied researchers may qualify by demonstrating job creation, innovation, or contributions to public welfare.

I am a J-1 holder subjected to the two-year foreign country residency requirement. May I apply under EB2 NIW (National Interest Waiver) category now, and get my J-1 waiver later?

Yes. You may submit your I-140 now and pursue your J-1 waiver later. The 212(e) requirement only affects the ability to adjust status (I-485) or Immigrant Visa Processing, not the filing or adjudication of I-140. You can also prepare both in parallel.