When you are exploring ways to get a U.S. green card based on your professional background, you may have heard about the National Interest Waiver (NIW). It is a popular option for many professionals in fields like science, technology, business, healthcare, research, and education. The best part? With the EB-2 NIW, you may be able to apply for a green card without needing an employer to sponsor you.
At Karlin & Karlin, we take hands-on approach to every NIW case. We help individuals prepare strong NIW petitions, organize evidence, and help in every stage of the process, from initial evaluation to final approval.
Table of Contents
Start Your EB-2 NIW Green Card Journey
Put your expertise to work in the U.S. without employer sponsorship. Karlin & Karlin guides you through every step of the EB-2 NIW process. Schedule a consultation today and move forward with confidence.
What Is the National Interest Waiver?
The national interest waiver is a part of the EB-2 immigrant category and allows applicants to self-petition for a green card. Unlike the traditional EB-2 route, the NIW does not require:
- A job offer
- PERM labor certification
- Employer sponsorship
You may request a waiver of these requirements if your work serves the national interest of the United States.
This path is especially useful for:
- Engineers
- Researchers
- Physicians and healthcare professionals
- Educators
- Scientists
- Entrepreneurs
- Technology and business professionals
If your work has a broad impact, you may qualify for the NIW green card.
Who Qualifies for a National Interest Waiver?: The USCIS Three-Prong NIW Test
To apply under the EB-2 national interest waiver, applicants must first meet one of the following EB-2 standards:
- Hold an advanced degree like a master’s or above, or a bachelor’s degree with five years of progressive experience
- Demonstrate exceptional ability in the sciences, business, arts, or technology
Once the EB-2 requirement is met, USCIS reviews the NIW requirements under three prongs:
1. Your work has substantial merit and national importance.
Your contributions must benefit the U.S. in areas such as economics, research, healthcare, national security, culture, or education.
2. You are well-positioned to advance your proposed work.
Your background, experience, achievements, and future plans must show that you can continue making meaningful contributions.
3. On balance, waiving the job offer is beneficial to the U.S.
Requiring an employer sponsor would slow or limit your ability to continue your impactful work.
Meeting these three prongs may qualify you for the EB-2 NIW.
EB-2 vs. EB-2 NIW: Which Path Fits Your Goals?
Below is a quick comparison for anyone deciding between EB2 vs. EB2 NIW:
Traditional EB-2
- Requires a permanent job offer
- Requires PERM labor certification
- Employer sponsorship required
EB-2 NIW
- No job offer
- No labor certification
- Applicant self-petitions
- Focus is on the national importance of the work.
The EB2 national interest waiver provides more freedom, especially for researchers and professionals working on independent or grant-funded projects.
Experienced Legal Help, Delivered with Care and Commitment.
EB-2 National Interest Waiver Visa Requirements
A strong NIW petition includes documents that prove you meet the EB2 national interest waiver visa requirements, such as:
- Academic degrees and transcripts
- Detailed resume or CV
- Publications, awards, patents, grants, or presentations
- Letters from experts in your field
- Evidence of accomplishments or major contributions
- A clear plan describing future work in the U.S.
- Documentation showing national importance
An experienced EB-2 NIW lawyer can help you identify which documents strengthen your petition and which may not be necessary.
The NIW Green Card Process
Here is what applicants can expect when pursuing the national interest waiver green card:
1. File Form I-140 (NIW Petition)
Your packet includes a detailed explanation of your work and evidence demonstrating that you meet all NIW requirements.
2. File Form I-485 (if eligible)
If your priority date is current and you’re in the U.S., you may file for adjustment of status.
3. Biometrics Appointment
USCIS collects fingerprints and photographs for background checks.
4. Final Decision & Approval
Once approved, you receive your NIW green card and gain permanent resident status.
NIW Processing Time
The EB-2 NIW processing time varies based on several factors:
Most new processing time ranges from a few months to over a year. Premium processing can speed up the I-140 but does not affect visa availability under the Visa Bulletin.
To understand your specific NIW timeline, speaking with a national interest waiver lawyer is highly recommended.
How Karlin & Karlin Helps in Your NIW Case
Our team supports clients through every part of the NIW journey:
- Eligibility evaluation
- Evidence and document planning
- Writing and preparing NIW petition packets
- Drafting expert reference letters
- Responding to RFEs
- Tracking your case and monitoring your NIW timeline
- Ensuring your petition meets all USCIS standards
Successful NIW cases are built on strong documentation, clear presentation, and a well-supported argument for national importance.
Schedule A Consultation With Our
EB-2 NIW Lawyer Today
If your work has national importance or you are unsure and want professional guidance, Karlin & Karlin can help you understand your options. The EB-2 NIW category gives talented individuals the chance to contribute to the United States without relying on a sponsoring employer.
