OVERVIEW
Allows you to bypass the job offer —
when your work serves the national interest.
The National Interest Waiver (NIW) is the self-petition alternative to standard EB-2. It allows individuals to bypass the job offer and labor certification if their work is in the “national interest.” NIW is a path within EB-2, not a separate category.
If you have an employer ready to sponsor you, see our EB-2 page instead. If you are petitioning on your own, you file on your own behalf and pay the filing fees yourself.
WHO IT'S IDEALLY SUITED FOR
Professionals whose work
benefits the U.S.
NIW suits professionals with advanced degrees or exceptional ability whose work benefits the United States. The fields below are examples of the kind of work that can fall within
the national interest. They are not an exhaustive list, and none is a guarantee of eligibility.
01
Researchers
Academic and independent researchers advancing a field of study.
02
Scientists
Scientists whose work has reach beyond a single institution.
03
Entrepreneurs
Founders building ventures with broader economic or technical significance.
04
Healthcare Professionals
Clinicians serving underserved areas.
BASIC ELIGIBILITY
The entry threshold.
Before the legal test applies, you must show an advanced degree or exceptional ability, and your work must have “substantial merit.”
THE LEGAL TEST
The Dhanasar Standard —three parts, all required.
USCIS evaluates National Interest Waiver petitions under the framework from Matter of Dhanasar. You must meet all three prongs.
01
Substantial merit and national importance
Your proposed endeavor has both substantial merit and national importance.
02
Well positioned to advance the endeavor
You are well positioned to advance the proposed endeavor.
03
Benefit to the United States of waiving the job offer
On balance, it would benefit the United States to waive the job offer and labor certification requirements.
DIFFICULTY RATING
10/10
Why it’s difficult to win without counsel.
You must satisfy the “Dhanasar Standard,” which is highly subjective. It is difficult to argue — without legal expertise — that your work is of “National Importance” and that the U.S. would benefit by waiving the standard job
offer requirement.
PRACTICAL DETAILS
Family, timing, and fees.
FAMILY ELIGIBILITY
If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status, respectively.
WHEN TO APPLY
Any time of the year
No cap, no lottery, and no employer timeline to wait on.
WHO PAYS THE FILING FEES
Applicant
You self-petition, so no employer is needed and you pay the filing fees.
CROSS-REFERENCE
NIW and EB-1A:
which fits you?
Both are self-petition green cards, and both carry a 10/10 difficulty rating at our firm. They are hard for different reasons.
NIW
Requires that your work serve the national interest. The personal-acclaim bar is lower, but the legal argument is harder to win.
EB-1A
Requires evidence that you are at the very top of your field.
QUESTIONS WORTH ASKING
Before you file.
01
Do I need a job offer for NIW?
No. NIW waives the job offer and labor certification that standard EB-2 requires, so you can petition on your own behalf.
02
What counts as “national interest”?
Your proposed endeavor must have substantial merit and national importance, and the U.S. must benefit from waiving the job offer requirement. There is no fixed list of qualifying fields, and the argument is built case by case.
03
How is NIW different from EB-1A?
EB-1A turns on objective evidence that you are at the very top of your field. NIW turns on a legal argument about why your work matters to the country.
04
Can entrepreneurs qualify for NIW?
Yes, entrepreneurs can qualify when their venture meets the Dhanasar standard. Eligibility depends on the endeavor and your position to advance it.
05
How long does an NIW petition take?
Processing times change and are set by USCIS. [VERIFY with Jen / USCIS before publishing.] We will give you current timing in your consultation.
The Grady Firm, based in Rancho Santa Margarita, California, represents researchers, entrepreneurs, and advanced-degree professionals nationwide in National Interest Waiver green card petitions.
-
Dhanasar framing built around your endeavor and your record
-
Evidence organized to support each of the three prongs
-
Self-petition strategy handled end to end, with no employer involved
An argument,
not a checklist.
WHY WORK WITH THE GRADY FIRM
Wondering if your work fits the national interest?
Talk it through with an attorney before you file.
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