National Interest Waiver (NIW)
The National Interest Waiver (NIW) is a special pathway under the EB-2 Second Preference Employment-Based Green Card category. It allows foreign nationals with exceptional abilities in fields such as science, technology, engineering, medicine, education, or business to apply for permanent residency if their work serves the national interest of the United States.
Advantages of NIW
Self-Petition — No Employer Sponsorship Required
Applicants can submit Form I-140 on their own without needing an employer to sponsor them.
No PERM Labor Certification — Faster Processing
By waiving the labor certification requirement, applicants save significant time and resources.
Flexible Career Path — No Job Offer or Position Constraints
Applicants are not limited to a specific position or employer, allowing greater flexibility in career planning.
Widely applicable, covering multiple professional fields
Applicable to researchers, doctors, engineers, data analysts, education/public health workers, and more.
Who Is Eligible for the EB-2 National Interest Waiver?
To qualify for a green card under the EB-2 NIW classification, applicants must meet both the basic eligibility requirements of the EB-2 category and the additional NIW-specific criteria.
Requirement 1: Qualify as an Advanced Degree Professional or a Person of Exceptional Ability：
1.Advanced Degree Professional (must meet one of the following)
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-Hold a U.S. degree above a bachelor’s or a foreign equivalent |
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-Hold a U.S. bachelor’s degree or a foreign equivalent, plus five years of progressive experience in the specialty |
2.Exceptional Ability
If you do not qualify under the advanced degree category, you may demonstrate exceptional ability by meeting at least three of the following seven criteria:
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-Possess a degree, diploma, or certificate related to your field of expertise |
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-Have at least 10 years of full-time work experience in the field |
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-Hold a license or certification to practice the profession |
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-Earn a salary or remuneration that indicates exceptional ability |
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-Be a member of professional associations |
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-Be recognized by peers, government entities, or professional organizations for your achievements |
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-Provide other comparable evidence of your expertise and contributions |
Requirement 2: In addition to the above, NIW applicants must satisfy the following three-pronged NIW criteria
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1.The proposed endeavor has substantial merit and national importance. For example: creating jobs, advancing public health, fostering innovation, or boosting regional industry. |
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2.The applicant is well-positioned to advance the proposed endeavor. Demonstrated through education, expertise, experience, past success, or access to relevant resources. |
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3.On balance, waiving the job offer and PERM requirement would benefit the U.S., meaning to receive recognition from peers, professional organizations, or government agencies. Even if qualified U.S. workers are available, USCIS may approve the waiver if the applicant’s contributions outweigh the need for labor certification. |
Common applicant backgrounds include
EB-2 NIW Application Process Overview
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1.Prepare the necessary forms and supporting documents |
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2.Submit Form I-140 to USCIS (premium processing optional) |
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3.Upon I-140 approval and when the priority date becomes current, file Form I-485 |
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4.Obtain permanent residency after I-485 is approved |
There are two application paths for Green Cards: Adjustment of Status and Consular Processing.
一）Adjustment of Status
If the applicant is physically present in the U.S. and changing status from a different visa (e.g., H-1B, O-1, L-1), they must file Form I-140 and Form I-485.
- Form I-140 is eligible for premium processing with a decision in 15 calendar days.
- After I-140 approval, the applicant must wait until their priority date becomes current to file Form I-485.
- Priority date wait times vary by country of birth.
二）Consular Processing
If the applicant is outside the U.S., only Form I-140 needs to be filed initially, and premium processing is also available.
- Once the I-140 is approved and the priority date is current, the applicant schedules an interview at a U.S. embassy or consulate.
- Wait times also vary depending on the applicant’s country of birth.
EB-2 NIW Filing Fees
| Form I-40 Filing Fee | $715 | All applicants |
| I-140 Expedited Processing Fee (Optional) | $2,805 | Voluntary payment for those who need expedited I-140 processing |
| Asylum Program Fee | $300 (for less than 25 people) / $600 (for 25 or more people) | Applicable based on the size of the employer |
| Choose 1 | I-485 Application Fee (Applicable for in-country applications) | $1,440 | Charged when submitting a status adjustment application within the U.S. |
| Employment Authorization Card Fee (I-765, Applicable for in-country applications) | $260 | Required when applying for I-485 and requesting employment authorization | |
| Reentry Permit Fee (I-131, Applicable for in-country applications) | $630 | Required when applying for I-485 and requesting travel authorization | |
| Overseas Application Fee (NVC/Consulate) | $345 | Charged when processing immigration visas outside the U.S. |
The application fees are based on the official standards published by the U.S. Citizenship and Immigration Services (USCIS). The actual amount may vary due to adjustments in USCIS fees.
