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The National Interest Waiver (NIW) permits individuals who can demonstrate that their work significantly benefits the United States to apply for a self-petition green card. This process allows them to pursue permanent residence without the need for an employer, job offer, or labor certification, making it an essential pathway for those interested in the EB-2 visa.
To qualify for an EB-2 visa through a National Interest Waiver (NIW), you must demonstrate:
Your work has substantial merit and national importance.
You are well positioned to advance your proposed endeavor.
Waiving the labor certification would be beneficial to the U.S.
[This test is based on the Matter of Dhanasar framework for a self-petition green card.]
Many clients pursue an EB-2 visa through the National Interest Waiver (NIW) while holding a temporary visa (F-1, H-1B, J-1, O-1). The EB-2 NIW category allows dual intent, meaning you can plan your future self-petition green card without abandoning your current work authorization.
Public health experts and healthcare innovators seeking an EB-2 visa, along with researchers who have notable publications, grants, or academic impact, are critical to advancing U.S. interests. STEM professionals who are solving U.S.-based problems and policy experts, including data analysts and interdisciplinary professionals, can also benefit from a National Interest Waiver. Additionally, artists and creatives making civic, educational, or cultural impacts, as well as entrepreneurs focused on scalable, socially beneficial ventures, may pursue a self-petition green card to further their contributions.
NIW cases, which are essential for obtaining an EB-2 visa through a National Interest Waiver, require more than just strong credentials—they demand a compelling narrative, a future-focused strategy, and carefully presented evidence. This includes peer-reviewed publications and citation metrics, press or media coverage, letters of recommendation from independent experts, records of funding, grants, or institutional support, documentation of national or global recognition, and evidence of past and ongoing impact in the U.S. This comprehensive approach is vital for a successful self-petition green card application.
We build strategic National Interest Waiver (NIW) petitions designed to succeed under current USCIS standards—not just checklists. Our focus is on helping you secure your EB-2 visa through a thorough understanding of your work, identifying its national importance, and clearly positioning your long-term plan. Whether you are an academic, innovator, or interdisciplinary professional, we offer: Direct attorney guidance on case strategy, tailored document review and revision, flat-fee pricing, and accessible communication to support your self-petition green card application.
At Kennedy Law, we approach NIW petitions with a focus on precision, strategy, and narrative strength. We take the time to understand your work’s impact, align it with national priorities, and clearly demonstrate how waiving the job offer and labor certification benefits the United States. From crafting a strong evidentiary record to preparing persuasive legal arguments, we ensure your petition is supported by authoritative documentation and a cohesive case theory. Our goal is not just to meet the regulatory criteria, but to present a compelling case that stands out to adjudicators.
If you're ready to explore whether your work qualifies for the National Interest Waiver (NIW), we offer strategic consultations focused on the EB-2 visa eligibility, evidence, and timeline planning. Let’s build a plan that advances your immigration goals while highlighting your contributions, paving the way for your self-petition green card.
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