What is a National Interest Waiver (NIW) and who qualifies?

A National Interest Waiver (NIW) is an exception within the EB-2 green card category that allows certain individuals to self-petition for permanent residence without an employer sponsor and without a PERM labor certification. USCIS will waive the usual requirements if the applicant's work is in the national interest of the United States.

Under the Dhirajlal test established in Matter of Dhanasar, USCIS evaluates three prongs: whether the proposed endeavor has substantial merit and national importance; whether the applicant is well-positioned to advance the proposed endeavor; and whether waiving the requirements would benefit the US. Common NIW applicants include researchers, scientists, medical professionals, entrepreneurs, and engineers with a record of significant contributions.

The NIW is filed as Form I-140 along with a detailed petition letter explaining how the applicant meets the three prongs, supported by evidence such as publications, citations, expert recommendation letters, and documentation of the work's impact. Premium processing is available for faster adjudication. Indian nationals still face the same EB-2 priority date backlog even with an approved NIW.

This is general information only, not legal advice. Consult a qualified immigration lawyer or registered migration agent for your specific situation.