Who Qualifies for an EB-2 National Interest Waiver?

An NIW petition requires both EB-2 qualification and a persuasive case for waiving the ordinary job-offer process.

Two layers of eligibility

The applicant must first qualify for EB-2 classification as an advanced-degree professional or a person of exceptional ability. The applicant must then establish that the United States should waive the job-offer and labor-certification requirements in the national interest.

The current NIW framework

Matter of Dhanasar replaced the older New York State Department of Transportation test. In theory, USCIS now asks whether the applicant’s proposed endeavor has substantial merit and national importance, whether the applicant is well positioned to advance it, and whether, on balance, waiving the job offer and labor certification would benefit the United States.

A petition must connect person and plan

A strong filing defines the applicant’s proposed endeavor, proves its prospective importance, documents the applicant’s capacity to advance it, and explains why the ordinary labor-certification process does not fit.