EB-2 (National Interest Waiver)


  • The NIW (National Interest Waiver) is a special category under Second Preference Employment-Based Immigration (EB-2).
  • No offer of employment or employer sponsorship is required.
  • No labor certification from Department of Labor is required.
  • NIW is suitable for professionals with advanced degree or exceptional ability in the sciences, arts, or business. NIW is also applicable to a self-employed entrepreneur, if he/she can demonstrate that the business will benefit the economy on a national level.


The alien must be with an advanced degree or exceptional ability and be able to persuasively demonstrate that his/her activity will greatly benefit the national interest of the United States. Practically, all three of the following requirements should be elaborated:

  1. The alien seeks employment in a field of substantial intrinsic merit of the United States;
  2. The alien’s work will benefit the United States in the national scope; and
  3. The national interest will be adversely affected if a labor certification is required.

The arguments for national interests may include:

  • The petition is requested from an interested US government agency;
  • Improvement of US economy;
  • Improvement of wages and working conditions of US workers;
  • Improvement of US environment; etc.


The alien must meet 3 out of the 7 criteria below:

  1. Official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability
  2. Letters documenting at least 10 years of full-time experience in the occupation
  3. A license to practice the profession or certification for the profession or occupation
  4. Evidence that the alien has commanded a salary or other remuneration for services that demonstrates the exceptional ability
  5. Membership in the professional association(s)
  6. Recognition for the alien’s achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations
  7. Other comparable evidence of eligibility is also acceptable