National Interest Waiver Visa

National Interest Waiver (NIW) – EB-2 Green Card Without Employer Sponsorship

The EB-2 National Interest Waiver (NIW) is an employment-based immigrant visa category that grants lawful permanent residence (Green Card) in the United States. Unlike other employment-based categories, the NIW allows individuals to self-petition without a job offer or employer sponsorship—provided they can demonstrate that their work benefits the national interest of the United States.

Who Is Eligible?

To qualify for an EB-2 NIW, applicants must meet the requirements of one of the following two categories:

1. Advanced Degree Professionals

A U.S. master’s degree or higher, or a foreign equivalent degree.

Alternatively: A bachelor’s degree plus five years of progressive work experience in the field.

2. Individuals with Exceptional Ability

A demonstrated degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

Why Choose NIW? Key Advantages

No job offer required: Applicants can self-petition at any time.

No labor certification needed: No need for approval from the U.S. Department of Labor.

Faster processing: The process can be quicker compared to traditional EB-2 applications.

Green Cards for family members: Spouse and children under 21 may also obtain Green Cards upon approval.

Supporting Documents & Evidence

Academic diplomas and degrees

Awards and honors recognizing professional achievements

Documentation of funding or support from reputable institutions or government sources

Expert reference letters from recognized authorities in the field

Memberships in selective professional associations

Published work: journal articles, book chapters, or full publications

USCIS Evaluation Criteria

NIW applications are evaluated based on the following three key factors:

1. Substantial Merit and National Importance

Your proposed endeavor must have significant potential to benefit the U.S. on a national scale—such as through public welfare, scientific advancement, economic growth, or social impact.

2. Well-Positioned to Advance the Endeavor

You must demonstrate that you have the education, expertise, past achievements, and a realistic plan to successfully carry out your proposed endeavor.

3. Benefit to the U.S. that Justifies a Waiver of the Job Offer

You must show that waiving the job offer and labor certification requirements would benefit the U.S. national interest. This is particularly relevant for entrepreneurs, researchers, academics, and STEM professionals.

Physician NIW – For Medical Doctors

Doctors who commit to working for five years in underserved or rural areas may qualify for a Green Card under the National Interest Waiver program.

Application Process

File Form I-140 – Immigrant Petition for Alien Worker.

Submit all supporting evidence to establish eligibility.

Upon approval, file Form I-485 to adjust status and obtain the Green Card (if in the U.S.).

Secure Your Application with BRBF Immigration

At BRBF Immigration, our experienced attorneys guide you through every step of the NIW application process. We ensure that your petition is thoroughly prepared, well-documented, and aligned with USCIS requirements—maximizing your chance of approval.