What Is the EB-2 National Interest Waiver (NIW)?

A Pathway to Permanent Residency for Professionals Advancing the National Good

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The EB-2 NIW visa is a powerful immigration option for individuals with an advanced degree or exceptional ability who are engaged in work that significantly benefits the United States. Unlike traditional EB-2 petitions, the NIW allows applicants to waive the labor certification requirement by demonstrating that their work is of such importance that it is in the national interest to permit them to live and work in the U.S. without employer sponsorship.

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To qualify, applicants must first meet the basic EB-2 criteria:

• Hold an advanced degree (or its foreign equivalent), or

• Demonstrate exceptional ability in the sciences, arts, or business

 

In addition, the National Interest Waiver requires that the applicant satisfy a three-part test established in the landmark case Matter of Dhanasar (AAO, 2016):

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1. The proposed endeavor has substantial merit and national importance

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

3. On balance, it would benefit the U.S. to waive the job offer and labor certification requirement

 

The EB-2/NIW is particularly suited for professionals working in areas of public health, STEM research, environmental sustainability, cybersecurity, advanced manufacturing, infrastructure, national defense, education, and other mission-critical sectors.

 

Key Benefits of the EB-2 NIW:

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• No job offer or labor certification required

• Self-petition available for entrepreneurs, researchers, and independent professionals

• Often faster and more flexible than traditional employer-sponsored green cards

• Spouses and children may also obtain green cards and work authorization

• May be filed concurrently with adjustment of status (I-485) in eligible cases

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EB-2 National Interest Waiver (NIW) Services

Expert Petition Strategy for High-Impact Professionals

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At Parker Johnson Immigration, we offer highly customized EB-2 NIW petition services for professionals whose work benefits the United States in fields such as science, technology, healthcare, engineering, education, the arts, and public policy. The EB-2 NIW category allows foreign nationals with advanced degrees or exceptional ability to self-petition for a green card—*without requiring a labor certification or job offer—*if their proposed endeavor is in the national interest.

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With extensive experience leading a high-volume practice focused on EB-2/NIW filings, Jason Parker Johnson brings strategic depth to each case. He has secured approvals for researchers developing life-saving technologies, engineers modernizing digital infrastructure, public health professionals addressing critical national needs, and many others advancing fields vital to the country’s economic competitiveness and social well-being.

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Our NIW services include:

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• Eligibility analysis under the three-prong framework set forth in Matter of Dhanasar

• Drafting compelling proposed endeavor statements that align with national priorities and policy goals

• Strategic development of evidence portfolios, including expert letters of recommendation, publications, citations, patents, and industry impact

• Guidance for entrepreneurs, academics, and independent professionals navigating self-petition pathways

• Robust responses to RFEs and NOIDs, strengthening petitions challenged by USCIS

• Support with concurrent filing of I-140 and I-485, when available, to maximize efficiency and work/travel eligibility

 

Jason is known for his clear communication, sophisticated understanding of USCIS adjudication trends, and his ability to translate complex achievements into persuasive legal arguments. Whether you are launching a startup, leading a research lab, or innovating within your industry, we help you articulate how your work matters—and why it serves the national interest.