Yes. The NIW (EB-2 National Interest Waiver) is part of the U.S. green card process. If your I-140 NIW petition is approved, it means you qualify for the EB-2 category. However, you still need to file for Adjustment of Status (Form I-485) or go through consular processing to obtain permanent residence.

For a standard EB-2, a U.S. employer must petition on your behalf and obtain labor certification. In contrast, with the EB-2 NIW, the applicant can self-petition and bypass the labor certification process by demonstrating national interest under the three-prong test from the Dhanasar decision.

A foreign national can self-petition for the EB-2 NIW. There is no need for a U.S. employer or sponsor.

NIW exemptions include:

• The job offer requirement

• The labor certification (PERM) process

You must meet the requirements for the EB-2 category :

• Advanced degree (U.S. master’s or foreign equivalent or higher, or a bachelor’s plus 5 years of progressive experience)

• Exceptional ability in sciences, arts, or business demonstrated by meeting 3 out of 7 criteria, such as:

  • Academic records

  • Letters verifying 10+ years of full-time experience

  • Professional licenses

  • High salary or notable achievements

  • Membership in professional associations

  • Recognition by peers or organizations

  • Other comparable evidence

A U.S. master’s degree or higher (or a foreign equivalent), or a U.S. bachelor’s degree plus 5 years of progressive work experience in your field.

You may still qualify for EB-2 if you :

• Hold a U.S. bachelor’s degree or foreign equivalent

• Have 5 years of progressive experience in your specialty after earning the bachelor’s

Exceptional ability refers to expertise significantly above what is normally encountered in your field (e.g., arts, sciences, business).

You must meet at least three of the following :

1. Academic record showing a degree or diploma in your field

2. 10+ years of full-time experience in your field

3. Professional license or certification

4. High salary or compensation

5. Membership in professional associations

6. Recognition by peers, government, or organizations

7. Other comparable evidence

USCIS may consider other evidence based on the applicant's background

Yes, if you :

• Meet degree equivalency standards

• Obtain a comprehensive credential evaluation

• Pass USMLE steps 1-3 or an equivalent certification

• A foreign national who meets EB-2 requirements (advanced degree or exceptional ability)

• A foreign national who satisfies the three Dhanasar criteria :

  • Substantial merit and national importance

  • Well-positioned to advance the endeavor

  • Benefits to the U.S. outweigh the need for labor certification

Form I-140

No. The NIW waives the labor certification requirement.

No. NIW allows self-petitioning without a job offer.

1. No job offer required

2. No labor certification required

3. Self-petition is allowed

4. Faster processing (especially for asylees)

It depends. While qualifications matter, the most important factor is providing convincing evidence of national interest.

The Dhanasar case (12/27/2016) outlines three criteria considered by USCIS:

1. The proposed endeavor has substantial merit and national importance.

2. The applicant is well positioned to advance the endeavor.

3. On the whole, it would be beneficial to waive the job offer and labor certification requirements.

Substantial Merit :
Can be demonstrated in fields like science, business, technology, culture, health, or education with:

• Clear description of the proposed endeavor

• Documents showing the value and merit of the initiative

National Importance:
Proof that the work has or is likely to have national impact in the U.S., such as :

• Influence in a specific field or geographic region

• National initiatives

• Economic, cultural, or social impact

Evidence such as :

• Expert recommendation letters from U.S. authorities

• Proof of past achievements

• Funding or awards received

• Research outcomes, job offers, media or press recognition

USCIS assesses whether the foreign national’s contributions outweigh the national interest in protecting U.S. workers via labor certification. This includes a comprehensive review of the petition, recommendation letters, and supporting evidence.

Examples of evidence :

A. Publications and Citations

• Research papers, citation counts, journal impact factors

• Demonstrated field impact

B. Recommendation Letters

• From independent field experts

• Explaining national impact

C. Contracts and Grants

• Proof of grants (e.g., NIH, NSF)

D. Memberships

• In professional organizations with selective criteria

E. Awards and Honors

• National or international recognitions

F. Media Coverage

• Reports or mentions showing societal value

G. Patents/Technology Transfer

• Documentation of real-world application or adoption

H. Collaborations

• International research partnerships and support letters

There is no fixed number. USCIS evaluates case by case. Quality and relevance matter more than quantity.

A signed letter from a field expert attesting to your qualifications and the national interest of your work. These are among the most important elements of an NIW petition.

Both :

• Inner circle (those who worked with you)

• Outer circle (independent experts in your field)

Letters from unaffiliated experts carry more weight.

They should :

• Identify the recommender and their qualifications

• Describe the foreign national's work

• Explain its national impact

• Avoid generic praise or unjustified compliments

No official number is required. Generally, 5 to 7 strong letters are recommended, depending on the strength of your evidence.

Yes. We provide :

• Detailed guidelines

• Letter content strategy

• Review and editing services

• Coordination with recommenders

It is allowed, provided that :

• You remain in the same field

• The new role aligns with your petition

• You notify USCIS if necessary

Yes. Many PhD students have been approved under NIW. In fact, about 30% of approved petitions involve candidates still pursuing their PhDs.

Yes. You can file the I-140 from abroad and complete immigrant visa processing via a U.S. consulate.

Yes. Although F-1 and J-1 are nonimmigrant visas, holders can still apply. J-1 holders subject to the two-year home residency requirement may need to obtain a waiver first.

• EB-1: For individuals with extraordinary abilities, international acclaim, and generally higher thresholds.

• EB-2 NIW: More accessible to professionals with advanced degrees or exceptional abilities when the work benefits the U.S.
  It is possible to apply for both EB-1 and EB-2 NIW simultaneously.

You may still be eligible. Other evidence such as contracts, funding, awards, patents, or testimonials can support your case.

Yes. USCIS accepts I-140 petitions from anywhere globally. Consular processing can be used to obtain your green card.