The EB-2 National Interest Waiver lets you skip employer sponsorship if you can prove your work benefits the U.S. Knowing what "national interest" actually means is the key to approval.
The EB-2 NIW is a self-petitioned green card requiring proof of three things:
(1) your work has substantial merit and national importance,
(2) you're well-positioned to advance it, and
(3) it benefits the U.S. to waive the labor certification requirement.
Most failures come from not understanding how USCIS defines "national interest" or how to structure evidence around the three-prong test established in Matter of Dhanasar.
1. Do I need a job offer for NIW?
No. NIW is a self-petition. You don't need a U.S. employer or job offer.
2. What's the difference between EB-2 with PERM and EB-2 NIW?
EB-2 with PERM requires employer sponsor and labor certification (1-2 years). EB-2 NIW waives both, making it faster and employer-independent.
3. What qualifies as "national importance"?
USCIS looks for work with broad implications: healthcare, STEM research, economic development, education, climate, national security, underserved communities.
4. Can I apply for NIW if I'm a founder?
Yes. Many founders use NIW. You'll need to prove your startup addresses a national priority (Prong 1), you're positioned to scale it (Prong 2), and requiring employer sponsorship would hinder your work (Prong 3).
5. Can I apply for NIW while on H-1B or F-1?
Yes. NIW doesn't affect your current visa status.
6. What's the biggest mistake people make with Prong 3?
They don't explain why waiving labor certification benefits the U.S. USCIS wants to know: Would requiring an employer delay your work? Are you in a unique position?
7. How long does NIW processing take?
Standard processing: 12-18 months. Premium processing is not available for NIW.
8. Can I apply for NIW and EB-1A at the same time?
Yes. Many applicants file both simultaneously to maximize chances.
9. Do I need an attorney for NIW?
Most applicants work with an attorney because the petition requires careful framing of the three prongs.
10. What happens if I get an RFE on my NIW petition?
An RFE means USCIS needs more proof for one or more prongs. Common RFEs: insufficient evidence of national importance (Prong 1), weak qualifications (Prong 2), or unclear justification for waiving labor cert (Prong 3). You typically have 87 days to respond.
