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EB-2 NATIONAL INTEREST WAIVER (NIW)

Overview

The National Interest Waiver allows certain EB-2 applicants — those with an advanced degree or exceptional ability — to obtain a green card without a job offer or labor certification, by showing that their work is in the national interest of the United States. Like the EB-1A, the NIW permits self-petitioning.

The legal standard

Under the framework established in Matter of Dhanasar, the applicant must show that the proposed endeavor has both substantial merit and national importance, that they are well positioned to advance it, and that, on balance, it would benefit the United States to waive the job-offer and labor-certification requirements.

How Do Law can help

We help you frame your endeavor in terms of its national impact, document your qualifications and track record, and assemble evidence and expert letters that satisfy each prong of the Dhanasar test.