Employment based
immigration, Second preference EB-2, For national interest waiver?
National Interest Waiver (EB-2 NIW): who qualifies and how to win
The EB-2 National Interest Waiver lets you skip PERM labor certification if your work has substantial merit and national importance, you’re well-positioned to advance it, and—on balance—waiving PERM benefits the U.S. However, success depends on clear evidence and a forward-looking plan. We build a strategy that fits founders, researchers, clinicians, engineers, and policy leaders.
Core eligibility (three-part framework)
Substantial merit & national importance – Show impact in areas like health, AI, clean energy, infrastructure, education, cybersecurity, or the U.S. economy.
Well-positioned to advance – Provide a strong track record and the resources/plan to execute the next phase.
Balance test – Explain why waiving PERM speeds benefits to the U.S. economy, society, or security.
Who typically fits NIW well
Founders with traction: funding, pilots, revenues, or strategic partnerships
Scientists/engineers with publications, patents, or deployments
Healthcare & public-interest leaders improving access, outcomes, or policy
Operators/experts executing nationwide programs or standards
Therefore, we tailor the narrative to your domain, metrics, and deliverables.
Evidence that moves the needle
Impact proof: deployments, KPIs, clinical results, patents, citations, usage stats, standards adoption
Third-party validation: letters from independent experts, grants/awards, accelerator admits, press
Execution capacity: budgets, team bios, partnerships, facility access, IRB/clinical or regulatory pathways
Commercial traction: customers, revenue/ARR, LOIs, MOUs, pilots, SBIR/STTR or other funding
Roadmap: milestones for the next 12–24 months with measurable outcomes
As a result, the officer sees merit, feasibility, and national-level benefits—now and ahead.
Founders: NIW vs. O-1 vs. PERM
NIW: No job offer/NO PERM; best when your work benefits the U.S. broadly and you can execute independently.
O-1: Fast work authorization but temporary; great as a bridge.
PERM EB-2/EB-3: Employer-based; useful if NIW factors are weak but the role is stable.
Consequently, many founders pursue O-1 now + NIW green card in parallel.
Filing path (high level)
I-140 (EB-2 NIW) with exhibits and expert letters
I-485 adjustment (if a visa is available and you’re eligible) with EAD/AP, or consular processing abroad
Interviews/RFEs (if any) addressed with updated evidence
Letter strategy (recommendation letters)
Use 3–5 letters (mix independent + supervisory/partners).
Each letter should tie metrics to national-level impact and your unique role.
Avoid generic praise; include specific deployments, savings, or outcomes.
Compliance checkpoints (avoid RFEs)
Keep independent letters truly independent (no close advisors as “independent”)
Cite objective metrics (citations, users, revenue, coverage, jobs supported)
Align resume, LinkedIn, and exhibits; therefore, dates and titles must match
Use clear indices and labeled PDFs for easy review
Evidence checklist (bring to your consult)
CV, degree copies, licenses; full pub/patent list (with citation metrics)
Grants/awards; letters of support (drafter list + bios)
Commercial/impact docs: customers, pilots, revenue, dashboards, case studies
Partnerships: MOUs/LOIs, research or vendor agreements
Roadmap: next-phase plan, timelines, budgets, and U.S. benefit analysis
FAQs
Do I need a Ph.D. or citations?
Not required. Instead, show impact and execution. Citations help, but deployments and outcomes can be equally persuasive.
Can I self-petition?
Yes—NIW is self-sponsored; no employer is required.
Can I file I-485 with the I-140?
If a visa number is current for your category/chargeability and you meet status rules. Otherwise, file I-140 first and wait.
How many letters do I need?
Quality beats quantity. However, 3–5 strong, detailed letters are typical.
What if my work is commercial?
That’s fine. Therefore, demonstrate public benefit—jobs, infrastructure, access, cost savings, or national capabilities.
How we help
First, we position your work against the three-part test. Next, we curate metrics and draft targeted expert letters. Then, we file a clean, indexed I-140 NIW and plan I-485 timing. Finally, we handle any RFEs and updates as your impact grows.
Ready to pursue an EB-2 NIW? Schedule a consultation or call (562) 495-0554.
Disclaimer: General information, not legal advice. Eligibility and visa availability vary; we confirm the rules in effect when you file.
Applying for a National Interest Waiver in Los Angeles
This type of visa will allow you to obtain the Green Card for you, your spouse and your unmarried children under 21 years old.
Since the United States highly values these persons, the approval of this visa can be very fast.
Normally, you would need to apply for what is known as a Labor Certification which could take years.
Employer or Applicant Can Sign Petition
Waiver Available Only to EB-2s—An NIW is not available in the EB-1 category.
Evidentiary Criteria—The “national interest” exemption must be significantly higher than that required to establish prospective national benefit for all persons seeking “exceptional” status.
In Matter of New York State Dep’t of Transp. (NYSDOT), 22 I&N Dec. 215 (Acting AC 1998), legacy INS provided guidance as to the threshold criteria for a waiver:
(1) the person seeks employment in an area of substantial intrinsic merit;
(2) the benefit will be national in scope;
Having exceptional ability is not by itself sufficient to grant the waiver.
Nor would work such as local pro bono lawyering, teaching in a single school, or providing nutritional information in a localized setting be sufficient to meet the national criteria.
The petitioner must prove that the benefit his unique skills would provide substantially outweighs the inherent national interest in protecting U.S. workers through the LC process.
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