According to guidance issued by the U.S. Citizenship and Immigration Services (USCIS), the Employment-Based Second Preference (EB-2) National Interest Waiver (NIW) is an immigration classification that may allow certain qualified individuals to request a waiver of the job offer and labor certification requirements typically associated with employment-based immigration. Applicants must first establish eligibility for the underlying EB-2 classification before USCIS evaluates the National Interest Waiver request. 

 USCIS states that the NIW category is generally intended for professionals holding advanced degrees or individuals demonstrating exceptional ability in the sciences, arts, or business whose proposed work may provide benefits to the United States. USCIS evaluates EB-2 NIW petitions under the framework established in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Applicants seeking a National Interest Waiver must satisfy the following three prongs: 

1. The proposed endeavor has substantial merit and national importance
2. The petitioner is well positioned to advance the proposed endeavor 
3. On balance, it would benefit the United States to waive the job offer and labor certification requirements  

USCIS guidance also indicates that individuals working in areas such as science, technology, engineering, mathematics (STEM), entrepreneurship, research, healthcare, education, and other specialized industries may qualify for consideration under the NIW classification when the evidence demonstrates national importance under USCIS standards. 

According to USCIS, petitioners are generally expected to demonstrate how their professional background, qualifications, experience, and future work may contribute to broader national interests, economic growth, innovation, public welfare, healthcare advancement, or other significant objectives within the United States. The agency further notes that eligibility determinations are made on a case-by-case basis after reviewing the totality of the evidence submitted with each petition. USCIS notes that the NIW process can offer procedural advantages, including the ability to self-petition without employer sponsorship. However, approval is not automatic and depends on meeting all EB-2 and NIW statutory and evidentiary requirements. The updated guidance emphasizes greater consistency and clarity in the review of NIW petitions. 

Explore More On: 

USCIS Policy Manual Update – Employment-Based National Interest Waivers 

USCIS EB-2 Employment-Based Immigration Information 

USCIS Updates Guidance on EB-2 National Interest Waiver Petitions