EB-2 National Interest Waiver

A National Interest Waiver can allow a qualifying person to pursue EB-2 permanent immigration without the traditional permanent job offer and labor certification.

But NIW is not simply a “self-sponsored green card for professionals.”

There are two separate questions.

First, does the person qualify for EB-2 through an advanced degree or exceptional ability?

Then, does the proposed endeavor satisfy the national-interest waiver standard?

The NIW Framework

USCIS considers whether:

The proposed endeavor has substantial merit and national importance.

The applicant is well positioned to advance that endeavor.

On balance, it would benefit the United States to waive the job-offer and labor-certification requirements.

The focus is therefore not merely on how successful the applicant has been.

The proposed U.S. endeavor matters.

Professionals & Researchers

For researchers, scientists, engineers, physicians and other professionals, evidence may include education, experience, research, publications, citations, projects, funding, patents, industry impact, implementation, government interest and other documentation connecting the applicant to the proposed endeavor.

Entrepreneurs

Entrepreneurs can qualify for NIW, but owning a company or planning to create jobs does not establish NIW by itself.

USCIS specifically clarified in 2025 that broad claims about economic benefit or job creation are insufficient on their own. The analysis focuses on the specific endeavor, its prospective impact and whether the entrepreneur is positioned to advance it.