National Interest Waiver (NIW): A 2025 Immigration Guide
For highly skilled professionals, researchers, entrepreneurs, and innovators whose work serves the broader interests of the United States, the National Interest Waiver (NIW) offers a unique immigration opportunity. This option allows individuals to self-petition for a green card without a U.S. job offer or labor certification: a rare and valuable pathway in the employment-based immigration system.
What Is a National Interest Waiver?
The NIW is a provision under the EB-2 immigrant visa category that allows certain individuals to bypass the traditional employer sponsorship and PERM labor certification process. Instead, the applicant must demonstrate that waiving the job offer and certification would benefit the U.S. as a whole.
NIW Eligibility Overview
Before applying for an NIW, an individual must first qualify for the EB-2 immigrant visa category, which requires either:
1. An Advanced Degree
You must have:
- A U.S. master’s degree or higher (or a foreign equivalent), or
- A U.S. bachelor’s degree (or foreign equivalent) plus five years of progressive experience in the field.
OR
2. Exceptional Ability
You must show a degree of expertise significantly above that ordinarily encountered in your profession. Evidence may include:
- Academic records;
- Letters from employers;
- Recognition or awards;
- Licenses or certifications;
- Membership in professional associations;
- Contributions of major significance in the field.
Once EB-2 eligibility is established through education or exceptional ability, the individual must meet the three-pronged NIW test, described below.
The Three NIW Criteria
Under Matter of Dhanasar, USCIS evaluates the following:
1. Substantial Merit and National Importance of the Proposed Endeavor
- The proposed work must be valuable in a field such as (but not limited to): STEM, business, education, healthcare, energy, or the arts, and
- It must have broad implications for the U.S., not just a localized impact.
2. The Applicant Is Well Positioned to Advance the Endeavor
You must demonstrate that you have the skills, education, record of success, and support to advance your work. Supporting documentation may include:
- Degrees, certifications, patents, media coverage;
- Letters from field experts;
- Business plans, contracts, grant awards, and investor support.
3. On Balance, It Is in the National Interest to Waive the Job Offer and Labor Certification
USCIS will weigh the benefit of your contributions against the typical benefit of the labor certification process. Favorable factors include:
- Urgency (e.g., public health, critical technology);
- Unique skill sets not easily captured in a labor certification;
- Job creation potential;
- Substantial economic or societal benefit.
National Interest Considerations
Based on recent trends, USCIS is more likely to approve a waiver when the applicant’s work contributes to:
- Improving the U.S. economy;
- Raising wages and working conditions;
- Enhancing education or training;
- Advancing healthcare;
- Increasing access to affordable housing;
- Protecting the environment or enhancing natural resources;
- Addressing U.S. government priorities or agency interests.
National Interest Waivers in 2025: A Sharper Review & Steeper Odds
Dramatic Drop in EB‑2 NIW Approval Rates
- Historically, EB‑2 NIW approval rates hovered around 90–97% from FY 2018 through FY 2023.
- In Fiscal Year 2024, the overall approval rate fell sharply to about 43.3%, while nearly 39% of cases remained pending, reflecting a sharp shift in adjudication patterns.
- The first quarter of FY 2025 shows even higher denial rates at approximately 37.2% for NIWs.
This marks a dramatic reversal from just a few years ago, when NIW was widely seen as a more attainable route for many self-petitioning professionals.
What’s Driving the Shift?
- Higher demand: NIW filings surged from 26% to 43% of all EB‑2 I‑140 petitions between FY 2022 and FY 2023, leading to backlogs and stricter scrutiny.
- Stricter adjudication: USCIS has tightened its standards, demanding clearer evidence for national importance, impact, and urgency, in line with updated policy guidance.
- Greater reliance on RFEs: More petitions now trigger Requests for Evidence (RFEs), pushing many cases into pending status or leading to a denial.
What This Means for You
- EB‑2 NIW is no longer the “easier” self-petition path: Given the rising denial rates, its ease of qualification is diminishing.
- Evidence quality matters more than ever: Letters from experts, national or international recognition, measurable impact, and precise documentation linked to U.S. national interests are crucial.
- Don’t rely only on application volume: With NIW’s rising popularity, volume does not compensate for deficiencies. Your narrative must demonstrate national importance and urgency.
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If you have questions regarding National Interest Waivers, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
