Guide 2: EB-2 NIW (National Interest Waiver)

Introduction

The EB-2 NIW (National Interest Waiver) allows advanced degree professionals or those with exceptional ability to bypass the labor certification requirement if their work benefits the U.S. nationally. It is self-sponsored, making it popular for researchers, entrepreneurs, and policy specialists.

Step-by-Step Filing Process

  1. Eligibility Check – Advanced degree or exceptional ability
  2. Meet the Dhanasar Test:
    • Work has substantial merit and national importance
    • Applicant is well-positioned to advance the work
    • U.S. benefits outweigh the need for a job offer/labor cert
  3. Draft Proposed Endeavor Plan – 5–10 pages linking achievements to national priorities
  4. Gather Evidence – Citations, patents, projects, publications
  5. Letters of Support – Independent experts affirming national impact
  6. File Form I-140 – Attach narrative, evidence, and endeavor plan

Evidence Templates

  • Publications: include citation metrics and real-world applications
  • Projects: economic, policy, or healthcare impacts
  • Endeavor Plan: measurable goals, timeline, and national benefits

Checklist

  • Resume/CV
  • Advanced degree proof
  • Endeavor statement (5–10 pages)
  • 3–5 independent expert letters
  • Supporting documentation of impact

Common Pitfalls

  • Generic endeavor statements not tied to U.S. interests
  • Over-reliance on an academic CV without broader evidence
  • Weak connection between the applicant’s role and outcomes

Case Readiness Score

  • 10/10: U.S. policy-relevant publications + high citation count + strong expert letters
  • 7–8/10: Strong credentials but weaker U.S. nexus
  • 5/10: Career primarily abroad with little U.S.-focused evidence

Overseas Applicants

Yes, EB-2 NIW is open to overseas applicants. After I-140 approval, you pursue Consular Processing at your local U.S. consulate. The same eligibility rules apply, but demonstrating U.S.-based benefits becomes especially critical if you have not yet worked in the U.S.

Next Action

  • Draft Your Endeavor Plan with Us: Ensure your plan is aligned with U.S. priorities
  • Case Benchmarking: Avoid denials by scoring your readiness first
  • Attorney Review: Get a professional opinion before investing in fees

Next Steps:

  • Start with a 3-Minute Evaluation to benchmark your eligibility
  • Organize evidence using our templates and checklists
  • Engage a contract attorney for final case review and submission
  • Evaluate EB-1A Vs EB-2 NIW

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