Seek expert advice from our EB-2 NIW lawyer located in the San Francisco Bay Area

What Is a National Interest Waiver?

The “national interest waiver” (NIW) is an achievement-based opportunity for a green card through self petition. It means that the requirements for a job offer and labor certification should be waived in order to advance the national interest. 

How to Qualify for a National Interest Waiver? 

The threshold requirement for a national interest waiver is a master’s degree or “exceptional ability” in your field. 

In 2016, AAO’s decision in Matter of Dhanasar established a three-part test. You must meet all three parts to qualify for a national interest waiver:

• The foreign national’s proposed endeavor have both substantial merit and national importance;
• The foreign national is well positioned to advance the proposed endeavor;
• On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements