EB-2 National Interest Waiver (NIW) Services

​The EB-2 National Interest Waiver (NIW) is an employment-based immigrant visa option for professionals whose work has substantial merit and national importance to the United States. Unlike most employment-based green card categories, the EB-2 NIW does not require labor certification or a permanent job offer, allowing qualified individuals to self-petition for lawful permanent residence.

 

Our practice provides strategic, evidence-driven representation in EB-2 NIW cases, with a particular focus on USCIS’s discretionary adjudication standards, forward-looking impact analysis, and the evolving scrutiny applied to national interest claims.

 

 

What Is the EB-2 NIW?

 

The EB-2 NIW allows USCIS to waive the job offer and labor certification requirements when granting the waiver would be in the national interest of the United States. This category is well-suited for professionals whose work advances critical U.S. priorities in areas such as science, technology, healthcare, business innovation, education, infrastructure, energy, and public welfare.

 

Importantly, the EB-2 NIW is a discretionary benefit. Approval depends not only on meeting eligibility requirements, but also on a favorable exercise of discretion based on the totality of the evidence.

 

 

The Governing NIW Standard: Matter of Dhanasar

 

USCIS adjudicates EB-2 NIW petitions under the three-prong framework established in Matter of Dhanasar. All three prongs must be satisfied.

 

 

1. Substantial Merit and National Importance

 

The proposed endeavor must have clear value and importance to the United States. This may include contributions that advance innovation, improve healthcare outcomes, strengthen economic competitiveness, enhance infrastructure, address public or regional needs, or support other nationally significant objectives.

 

USCIS increasingly examines how and why the endeavor rises beyond personal career advancement and whether the claimed impact is concrete and verifiable.

 

 

2. Well Positioned to Advance the Proposed Endeavor

 

The petitioner must demonstrate they are well positioned to advance the endeavor based on factors such as education, skills, experience, past achievements, record of success, access to resources, and realistic plans for future implementation.

 

Recent adjudications place heightened emphasis on feasibility, execution, and credibility, not just past accomplishments.

 

 

3. On Balance, a Waiver Benefits the United States

 

USCIS must determine that waiving the job offer and labor certification requirements would benefit the United States. This is a balancing test that considers urgency, impracticality of labor certification, and whether the national benefits of the petitioner’s work outweigh the policy interests underlying labor market protections.

 

This third prong is where discretionary denials most frequently occur, even when the first two prongs appear satisfied.

 

 

Fields and Profiles We Represent

 

We represent EB-2 NIW clients across a wide range of professional disciplines, including:

 

 

Science, Technology, and Research

 

• Scientists, engineers, and technologists

• Medical professionals and biomedical researchers

• AI, data science, and advanced technology specialists

• Academic and applied researchers

 

 

Business and Entrepreneurship

 

• Entrepreneurs and startup founders

• Professionals advancing innovation, productivity, or job creation

• Leaders in emerging or high-impact industries

 

 

Healthcare and Public Interest

 

• Physicians and healthcare innovators

• Public health professionals

• Professionals addressing healthcare access, quality, or cost

 

 

Education, Infrastructure, Energy, and Social Impact

 

• Educators and educational innovators

• Infrastructure, energy, and sustainability professionals

• Professionals working on projects with regional or national public benefit

 

Each NIW case is built around the specific national value of the proposed endeavor, not generic professional success or résumé achievements.

 

 

Our Approach to EB-2 NIW Representation

 

EB-2 NIW petitions are not checklist filings. They require a cohesive, forward-looking narrative that connects the petitioner’s background to a clearly defined national interest and addresses discretionary concerns directly.

 

Our approach typically includes:

 

• Comprehensive eligibility and risk assessment

• Strategic definition and narrowing of the proposed endeavor

• Alignment of the endeavor with current U.S. national priorities

• Detailed legal analysis under each Dhanasar prong

• Development of a persuasive, evidence-supported argument

• Drafting and coordination of expert opinion letters, where appropriate

• Addressing feasibility, credibility, and execution concerns

• Anticipation and mitigation of common NIW RFE issues

 

We place particular emphasis on explaining why the petitioner’s work matters now, how it will be implemented, and why a waiver of labor certification is justified as a matter of discretion.

 

 

RFEs, NOIDs, and Discretionary Challenges in NIW Cases

 

USCIS frequently issues Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) in EB-2 NIW cases. Common issues include:

 

• Whether the proposed endeavor truly rises to the level of national importance

• Whether the petitioner is realistically well positioned to advance the endeavor

• Whether claimed benefits are speculative or unsupported

• Whether the waiver is justified under a discretionary balancing analysis

 

We regularly represent clients in NIW RFE and NOID responses, with particular focus on discretionary analysis, credibility, feasibility, and the totality of the circumstances.

 

 

Timing, Strategy, and Planning

 

Early strategic planning is critical in EB-2 NIW cases. The way an endeavor is framed, documented, and supported at the outset can significantly affect adjudication outcomes and reduce the likelihood of discretionary RFEs or denials.

 

 

Consultation and Case Evaluation

 

If you are considering filing an EB-2 National Interest Waiver petition, or if you have received an RFE or NOID in an existing NIW case, you may request a case-specific consultation to evaluate eligibility, evidentiary strategy, and discretionary risks.

 

 

Request an EB-2 NIW Case Evaluation

 

This page is provided for general informational purposes only and does not constitute legal advice. Every EB-2 NIW case is fact-specific and must be evaluated individually based on its unique facts and evidence.