EB-2 National Interest Waiver

Name: J. Lee & Associates Law Group
Address: 1250 Tech Dr, Suite 240, Norcross, GA, 30093, US
Telephone: (770) 609-9396
Price range: Free Consultation
Rating: 4.7

Case Evaluation→(770) 609-9396

The EB-2 National Interest Waiver (NIW) allows certain highly accomplished foreign nationals to self-petition for a green card without an employer sponsor and without completing the PERM labor certification process. Under INA § 203(b)(2) and the landmark Board of Immigration Appeals decision Matter of Dhanasar, 26 I&N Dec. 884 (BIA 2016), USCIS may waive the job offer and labor certification requirements if the petitioner demonstrates that their work is in the national interest of the United States.

Under the Dhanasar framework, the petitioner must satisfy three prongs: (1) the proposed endeavor has substantial merit and national importance; (2) the petitioner is well positioned to advance the proposed endeavor; and (3) on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus the labor certification. This standard replaced the prior Matter of New York State Department of Transportation (NYSDOT) test and is generally considered more accessible to a wider range of professionals.

JLA Law Group assists professionals, researchers, entrepreneurs, healthcare workers, and other accomplished individuals in developing compelling NIW petitions. The NIW is particularly powerful because it allows the beneficiary to be their own petitioner, is not tied to a specific employer, and does not require the lengthy PERM recruitment process. For those with current priority dates, it can be a faster path to permanent residence than employer-sponsored categories.

Steps You Should Take

Evaluate NIW Eligibility Under Dhanasar

We assess your professional background, publications, citations, patents, employment history, achievements, and proposed endeavor against each of the three Dhanasar prongs. We advise honestly on the strength of your case and the evidence needed.

Build the Evidence Package

We compile letters of recommendation from recognized experts in your field, documentation of your achievements, evidence of the national importance of your work, publications, media coverage, and any other evidence supporting all three Dhanasar prongs.

Prepare and File Form I-140 NIW

We draft a comprehensive petition letter explaining how your case satisfies each Dhanasar prong, attach all supporting evidence, and file Form I-140 with USCIS. Premium processing is available to receive a decision within 15 business days.

Proceed to Adjustment or Consular Processing

Once the I-140 is approved and a visa number is available, we guide you through adjustment of status (if in the US) or consular processing to obtain your green card. Call JLA Law Group at (770) 609-9396 for your NIW evaluation.

Frequently Asked Questions

Who is a good candidate for an EB-2 NIW?

Researchers, scientists, medical professionals, entrepreneurs, engineers, artists, and other accomplished professionals whose work benefits the US can be strong candidates. You do not need to be a Nobel laureate — the Dhanasar standard is flexible enough to accommodate a range of achievement levels if the work has national importance.

What is the Dhanasar three-prong test?

Under Matter of Dhanasar, 26 I&N Dec. 884 (BIA 2016): (1) your proposed endeavor has substantial merit and national importance; (2) you are well positioned to advance that endeavor; and (3) on balance, waiving the job offer and PERM requirements serves the national interest. Each prong requires specific evidence.

Do I need an employer to file an NIW?

No. The NIW is a self-petition under INA § 203(b)(2)(B). You file Form I-140 in your own name without an employer petitioner. This independence is one of the greatest advantages of the NIW over standard EB-2 and EB-3 employer-sponsored cases.

How does the NIW compare to EB-1A extraordinary ability?

EB-1A requires extraordinary ability demonstrated by sustained national or international acclaim and is a higher evidentiary bar. EB-2 NIW under Dhanasar is generally more accessible for accomplished professionals who can show national importance even without the top-tier recognition required for EB-1A. Both are self-petitions.

Can entrepreneurs and startup founders qualify for NIW?

Yes. USCIS has recognized that entrepreneurs whose ventures create jobs, generate revenue, and advance technology or other fields can satisfy the Dhanasar test. A business plan, evidence of investment received, job creation, and economic impact documentation are key.

Applicable Laws

INA § 203(b)(2) / 8 U.S.C. § 1153(b)(2)EB-2 preference category for aliens of exceptional ability and those holding advanced degrees; authorizes the national interest waiver of the job offer and labor certification requirements.

INA § 203(b)(2)(B) / 8 U.S.C. § 1153(b)(2)(B)Statutory basis for the national interest waiver: the Attorney General (now DHS Secretary) may waive the job offer requirement and thus the labor certification when it is in the national interest.

Matter of Dhanasar, 26 I&N Dec. 884 (BIA 2016)BIA decision establishing the current three-prong test for NIW eligibility, replacing the NYSDOT standard. Requires showing substantial merit and national importance, being well positioned to advance the endeavor, and that waiver benefits the US.

8 CFR § 204.5(k)USCIS regulations for EB-2 petitions, including evidentiary requirements for exceptional ability and advanced degree classifications, and procedures for filing self-petitions under the national interest waiver.

Related Services

Certificación Laboral PERMLey de Inmigración Ajuste de EstatusLey de Inmigración Visa H-1BLey de Inmigración

Other Immigration Law Services

Case Evaluation

Talk to a eb-2 national interest waiver attorney today.

Schedule Consultation (770) 609-9396

1250 Tech Dr, Suite 240

Norcross, GA 30093

Don't Wait. Every Day Counts.

The law has deadlines. Protect your rights today.

(770) 609-9396 Online Consultation

Call Consult