What is the EB-2 National Interest Waiver?

The EB-2 NIW is a green card pathway that lets qualified individuals skip the usual job offer and labor certification requirements by showing that their work is in the national interest of the United States. It is built on the EB-2 category, so you generally need an advanced degree or exceptional ability. Like the EB-1A, it allows self-petitioning.

What is the Dhanasar test for the NIW?

Dhanasar is the 2016 framework USCIS uses to evaluate NIW petitions through three prongs: that your proposed endeavor has substantial merit and national importance, that you are well positioned to advance it, and that on balance it would benefit the United States to waive the job offer and labor certification. All three prongs must be satisfied. Evidence is weighed under a flexible totality-of-the-circumstances approach.

Do I need an advanced degree for an EB-2 NIW?

You generally qualify for the underlying EB-2 either through an advanced degree such as a master's or higher, a bachelor's degree plus at least five years of progressive experience, or by demonstrating exceptional ability in your field. The NIW waiver is then evaluated separately under the Dhanasar prongs. Entrepreneurs, researchers, and skilled professionals in many fields can be candidates.

How is the EB-2 NIW different from EB-1A?

Both allow self-petitioning, but EB-1A requires showing extraordinary ability at the very top of your field, while the NIW asks whether your work serves the national interest under the Dhanasar test, which can be a more accessible standard for many professionals. EB-1A is a higher-preference category, so visa availability is often better. The right choice depends on your background, evidence, and country of birth.

How long do I have to wait for an EB-2 NIW green card?

After the I-140 petition is approved, the wait for a green card depends on your country of birth and the priority date shown in the monthly Visa Bulletin, which can be lengthy for some countries. Premium processing may speed up the I-140 decision itself but does not change immigrant visa availability. Reviewing the current Visa Bulletin with your attorney can give you a realistic timeline.

EB-2 NIW National Interest Waiver Guide

Complete guide to the EB-2 National Interest Waiver — Dhanasar test, qualification criteria, and evidence strategies.

Fitenko Law PLLC, 600 Three Islands Blvd, Hallandale Beach, FL 33009. Phone: (305) 315-3425. Email: fitenkolaw@gmail.com

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