301.823.6670 | TK@KennedyVisas.com

Pathway to Self-Petition for a Green Card

• The EB-2 National Interest Waiver (NIW) is a powerful pathway  for professionals who can show their work significantly benefits the United States. Unlike most green card categories, the NIW allows self-petitioning — no job offer or labor certification is required.

At Kennedy Law, we work with researchers, physicians, entrepreneurs, and professionals across industries to craft NIW petitions that align with your long-term immigration goals.

To qualify for an EB-2 National Interest Waiver (NIW), applicants typically demonstrate EB-2 eligibility through one of the following:

• Advanced Degree: Master’s or higher (or a bachelor’s degree + 5 years of progressive experience)
• Exceptional Ability: Proven expertise significantly above what is typically encountered in your field.

EB-2 eligibility is the threshold. The waiver itself is decided under the three-part test of Matter of Dhanasar, and a strong NIW petition establishes all three:

• The proposed endeavor has substantial merit and national importance.
• The applicant is well positioned to advance it.
• On balance, waiving the job offer and labor certification benefits the United States.

In January 2025, USCIS issued significant new guidance on EB-2 National Interest Waiver adjudications. The update did not replace Matter of Dhanasar, but substantially expanded the Policy Manual's instructions on both underlying EB-2 eligibility and the NIW analysis. It has practical consequences for how NIW petitions should be developed, documented, and presented.

Among the most significant changes, the guidance:

• Cequires the petitioner to establish eligibility for the underlying EB-2 classification before USCIS reaches the national interest waiver analysis; 
• Provides more detailed guidance on whether post-baccalaureate experience is actually in the specialty for advanced-degree eligibility; 
• Requires a meaningful relationship between a claimed area of exceptional ability and the proposed endeavor; 
• Distinguishes the applicant's occupation from the specific proposed endeavor, making a generalized description of work in an important profession or industry insufficient; 
• Provides more detailed guidance on substantial merit and national importance, including whether the endeavor has prospective impact extending beyond the ordinary benefits of the applicant's work for a particular employer, client, or local market; 
• Expands the analysis of whether the applicant is well positioned to advance the endeavor, including the applicant's record of success, progress already made, concrete plans, support, resources, and other evidence showing the capacity to carry the endeavor forward; and 
• Provides additional guidance concerning entrepreneurs, STEM professionals, letters of support, and evidence of interest from government and quasi-governmental entities. 

The result is a more developed framework for evaluating not only whether the proposed work concerns an important field, but whether the specific endeavor is nationally important, the applicant is genuinely positioned to advance it, and the evidence supports those conclusions rather than merely asserting them.

Many clients pursue the NIW while holding H-1B, L-1, or O-1 status, each of which permits immigrant intent, so the petition can be filed without affecting extensions or travel in that status. F-1 and J-1 status do not permit immigrant intent, and a student or exchange visitor considering an NIW should plan the timing of the filing, any travel, and any change of status with counsel before the petition is filed. 

 We Build NIW Cases For:

• Researchers & Academics – Scholars with significant publications, citations, grants, peer recognition, or other evidence of measurable academic impact.
• Physicians & Healthcare Innovators – Doctors serving in shortage areas, public health leaders, and medical professionals introducing innovations with broad national importance.
• STEM Professionals & Policy Experts – Specialists addressing U.S.-based challenges in science, technology, data, or public-interest policy.
• Entrepreneurs & Founders – Innovators building scalable ventures that generate substantial social benefit or advance the national interest.
• Artists & Creatives – Individuals whose work strengthens civic, cultural, or educational initiatives with demonstrated national relevance.

NIW cases require more than impressive credentials — they demand a compelling narrative, a forward-looking strategy, and carefully presented evidence. A strong NIW petition weaves together both story and proof, showing how your work advances U.S. priorities today and demonstrates your ability to continue making an impact.

At Kennedy Law, we highlight not only your qualifications but also the national importance of your work, ensuring the petition is persuasive under current USCIS standards. Common evidence may include: 

• Peer-reviewed publications and citation metrics.
• Grants, funding records, or institutional support.
• Letters of recommendation from independent experts.
• Evidence of national or international recognition.
• Documentation of past and ongoing U.S. impact.
• Media coverage, awards, or conference leadership roles.

We offer a free qualification evaluation for EB-1A and EB-2 NIW.  To get started, email TK@KennedyVisas.com and request the evaluation questionnaire. 

Strong candidates include researchers with a publication and citation record, and equally professionals in industry, healthcare, business, and the arts whose work has been adopted, implemented, or recognized in ways that a citation count does not capture.  

Contact our office today to see if you qualify for this route.