National Interest Waivers - Employment Based Green Cards Second Preference (EB-2) Category

What is a National interest Waiver (NIW)?

A National Interest Waiver allows applicants with an advanced degree or exceptional ability in their field to apply for permanent residence (green card) without requiring an employer to sponsor the individual and/or to test the US labor market first to see if there are qualified, willing and able US workers. The labor market test is called labor certification or PERM. Applying for permanent residence without a labor market test can shave off 1-3 years of processing time. Since the general rule is that anyone immigrating through an employer must be sponsored by an employer who goes through the PERM process, the only way to avoid the PERM and sponsorship requirement is to show the applicant’s work in his or her field of endeavor benefits the U.S. enough or the person’s reputation in the field is far above others in the field that it makes sense to skip the usual labor certification. In the EB-2 category, there are several options: 1) employer sponsorship of someone who has an advanced degree or US equivalent in a subject related to the job plus undergo PERM; or 2) an employer sponsors an applicant or the applicant self sponsors if he/she is a person of “exceptional ability”; or 3) an employer sponsors an applicant or the applicant self-sponsors if the applicant holds at least a masters degree or equivalent AND who’s work will benefit the USA as described below. (There is a fourth category called Schedule A group II, which is a US Department of Labor list of occupations that have already been pre-scheduled to not require PERM)..

USCIS uses a three-prong test from a case called Matter of Dhanasar to evaluate NIW eligibility:

The proposed field endeavor in which the applicant will work must have substantial merit and national importance.
The applicant must be well positioned to advance the endeavor.
On balance, it must benefit the U.S. to waive the job offer and labor certification requirements.

More on the NIW Three-Prong Dhanasar Test:

Substantial Merit & National Importance

How your work affects the U.S. nationally: Link your work to federal/state initiatives, nationwide problems, and/or measurable specific economic impacts or impact on specific industrial sectors.
Tips: A lot of thought should go into defining the field of endeavor. It may not be just the occupation itself. Typically, it is not hard to show the applicant’s field of endeavor is of substantial merit. Get detailed support letters from experts in your field. Include examples of accomplishments, metrics, and comparative significance. Show how your work has/will impact the field regionally or nationally, or will influence policy, markets, or public health as examples. How does the work fit into regional or national priorities?
Top reasons for denials: Failure to show the work in the field of endeavor is/will be national in scope. Has your work been shared with others and if so, with whom, when and where?
Well Positioned to Advance the Field of Endeavor

Show evidence of past accomplishments, publications, and a plan showing future national impact.
Tips: Show a clear track record of your education, experience, recognition, results. Show future plans with real steps and milestones, whether as an employee or self-employed or starting a business. It’s not enough to just show you are good at something. Link accomplishments to how they benefit the USA.
Don’t forget NIW’s require a masters degree or equivalent, with work experience and accomplishments in a defined field of endeavor that will continue after the green card is granted.
Top reasons for denial: No proof of relevant degrees, publications, awards, or project leadership. Business ventures lack track records or funding.
On Balance, It Benefits the USA to Waive the Job Offer Requirement and PERM

Waiving PERM and a job offer would benefit the U.S. more than requiring a US labor market test.
Tips: Mere labor shortage is not enough. Indeed, that is the reason for market tests of US workers. Show why it is in the national interest to waive PERM. Some examples depending upon the facts include: how delays from labor certification processing times harm the national interest; urgency of your work, uniqueness of your work/not available in the US labor force, or the scale of your future plans/endeavor (e.g., will be hiring X# of employees in a wide geographic scope of the country). Link to being well positioned in the field, best suited, qualified, consequences to the field if not approved, or can’t do PERM if self-employed.
Top reasons for denial: Petitioners who could qualify for jobs with PERM but didn’t show why waiving it mattered; endeavors that benefit a narrow audience or personal career; or just asserting a labor market shortage.