EB-2 National Interest Waiver (NIW)

Advance U.S. Interests — No Job Offer Required.

Self-petition if your work has substantial merit & national importance, you are well-positioned, and waiving PERM is beneficial (Dhanasar).

Self-Petition Advanced Degree / Exceptional Ability Dhanasar Criteria Premium Processing (I-140)

Who: Master’s/PhD or exceptional ability

Why: National impact without employer sponsorship

Filing: I-140 NIW (+ concurrent I-485 if current)

NIW Criteria (Dhanasar)

  • Endeavor has substantial merit & national importance.
  • You are well-positioned to advance the endeavor.
  • On balance, waiving the job offer & PERM is beneficial to the U.S.

Strong Evidence Examples

Publications & Citations

High-impact journals, citation counts, H-index, invited talks.

Awards & Media

National awards, major media coverage, peer recognition.

Patents & Adoption

Granted patents, licensing, commercial or public adoption.

Letters & Contracts

Government/industry letters, MOUs, grants, revenue, KPIs.

Process Timeline

1) Strategy: Define endeavor; map evidence to the three prongs.

2) File I-140 NIW: Premium processing available. If Visa Bulletin is current, consider concurrent I-485.

3) Adjudication: Biometrics, possible RFE; Approval → AOS/Consular to Green Card.

FAQ

No. NIW is a self-petition path if you satisfy the Dhanasar criteria.

Yes—if the venture and your role demonstrate national importance and you’re well-positioned to advance it.

USCIS offers premium processing for I-140 NIW, expediting the petition stage.

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