National Interest Waiver (NIW)
EB-2 green card pathway for advanced degree holders and exceptional talent whose work benefits the United States. No employer sponsorship or labor certification required.
Why Choose NIW?
No Employer Sponsorship
Self-petition for green card. No employer dependence or job offer required.
No Labor Certification
Skip the PERM process. Faster pathway to permanent residency than standard EB-2.
Career Flexibility
Freedom to change employers or start your own company while petition is pending.
Lower Bar Than EB-1A
Easier to qualify than EB-1A. Great option for PhD holders and researchers.
The Matter of Dhanasar Three-Prong Test
Under the 2016 Matter of Dhanasar decision, NIW petitions are evaluated based on three prongs. You must satisfy all three to qualify.
Substantial Merit & National Importance
Your proposed endeavor has both substantial merit and national importance.
Examples:
- AI research advancing medical diagnostics
- Clean energy technology development
- Cybersecurity innovations protecting critical infrastructure
- Educational technology improving STEM learning outcomes
Well Positioned to Advance
You are well positioned to advance the proposed endeavor.
Examples:
- Advanced degree (PhD, Master's) in relevant field
- Track record of research, publications, citations
- Funding, grants, or institutional support
- Letters from experts confirming your qualifications
Benefit to Waive Requirements
On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.
Examples:
- Your work has urgent national importance
- Labor certification would be impractical or counterproductive
- Your skills and achievements significantly benefit U.S.
- You have the means and ability to continue the work
Key Insight
The Dhanasar framework is more flexible than the prior standard. It recognizes that national importance doesn't require nationwide impact—regional or local endeavors with broader implications can qualify. This has opened NIW to a wider range of professionals.
Basic Eligibility Requirements
Before addressing the Dhanasar test, you must first qualify for EB-2 classification.
Advanced Degree
U.S. Master's degree or higher (or foreign equivalent), OR U.S. Bachelor's degree plus 5 years progressive experience.
Exceptional Ability (Alternative)
In lieu of advanced degree, can demonstrate exceptional ability in sciences, arts, or business through 3 of 6 regulatory criteria.
Work of National Importance
Your proposed endeavor must have substantial merit and national importance to the United States.
Well Positioned
Must demonstrate you are well positioned to advance your proposed endeavor based on education, skills, knowledge, and track record.
Who Is NIW Right For?
PhD Researchers
Academic researchers with strong publication records, citations, and ongoing research benefiting U.S. national interests.
STEM Professionals
Scientists, engineers, and technology professionals working on innovations in AI, clean energy, healthcare, or critical technologies.
Entrepreneurs
Founders of startups whose technology or business model addresses significant national challenges or economic priorities.
Senior Specialists
Advanced degree holders with 10+ years experience in fields of national importance (cybersecurity, public health, education).
Typical Evidence for NIW Petitions
Advanced Degree Evidence
- • PhD or Master's degree diploma and transcripts
- • Credential evaluation (if foreign degree)
- • Alternative: Bachelor's + 5 years progressive experience
- • Professional licenses or certifications
Prong 1 & 2 Evidence
- • Publications and citations
- • Letters from experts in the field
- • Grants, funding, or awards received
- • Patents or proprietary technologies
- • Conference presentations
- • Membership in professional associations
Prong 3 Evidence
- • Detailed plan for continued work in U.S.
- • Evidence of ongoing funding or employment
- • Documentation of urgent national need
- • Letters explaining why labor cert is impractical
- • Track record of independent achievement
NIW Process Timeline
Initial Assessment
1 weekEvaluate Dhanasar criteria and develop petition strategy.
Evidence Gathering
1-2 monthsCollect credentials, publications, expert letters, and supporting documentation.
Petition Preparation
2-4 weeksDraft comprehensive I-140 petition addressing all three Dhanasar prongs.
USCIS I-140 Processing
6-12 monthsWait for I-140 approval. Premium processing available (15 days for petition decision).
Adjustment of Status
8-12 monthsFile I-485 to adjust status to permanent resident.
Total Timeline: 15-24 months from consultation to green card
Can file I-485 concurrently if visa number available (most countries have no backlog)
Success Stories
AI Research Scientist
PhD in Computer Science with research on AI safety and alignment. 40+ publications, 200+ citations. Approved without RFE based on contributions to AI safety research.
Clean Energy Engineer
Master's in Electrical Engineering with focus on renewable energy storage. Patents and industry partnerships. Demonstrated national importance of battery technology.
Medical Researcher
PhD working on cancer diagnostics. Strong publication record and NIH grant funding. Overcame RFE with additional evidence of national importance.
*Case details anonymized to protect client confidentiality. Results may vary based on individual circumstances.
Transparent Pricing
Attorney fees based on case complexity
Exact fee quote provided after initial consultation based on your credentials and proposed endeavor.
Related Articles
View All ArticlesUnderstanding the Dhanasar Framework
Deep dive into NIW criteria
NIW for PhD Researchers
Academic pathway to green card
NIW vs EB-1A Comparison
Which pathway is right for you?
Ready to Pursue NIW?
Schedule a free consultation to evaluate your eligibility under the Dhanasar framework.
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