EB-2 National Interest Waiver Introduction

Are you a researcher in a field of science, technology, engineering, or mathematics (“STEM”) who dreams of moving permanently to the United States?

If so, EB-2 National Interest Waiver (“NIW”) is an option that you should seriously consider.

This page relates specifically to National Interest Waivers. If you are interested in the NIW but are a researcher, please refer to our main EB-2 NIW Researcher page.

The EB-2 National Interest Waiver is one of only two ways for someone who is not a US citizen to gain lawful permanent residence through an employment-based process, without a job offer from a US employer, or a large investment (EB-5), the other being the EB-1A extraordinary ability visa.

The National Interest Waiver (commonly abbreviated as “NIW”), is a visa that allows an individual to obtain lawful permanent residence by proposing to engage in an endeavor of National Importance for the United States, and showing that they are well positioned to advance said endeavor.  

One generally shows that they are well positioned through a combination of factors, no one factor being indispensable.  Possible evidence can include skills, knowledge, education, though the most persuasive is by far is an individual’s record of professional success in previous employers or projects, which demonstrate that they are likely to succeed in similar endeavors in the United States.

The National Interest Waiver is designed for individuals who truly excel in their respective fields, and a candidate must generally be able to demonstrate the most important roles or projects of their career put them above the level of success that one normally encounters in the field.

Why is Patriot Immigration Law Group the right choice for your EB-2 NIW?

At Patriot Immigration Law Group, we develop an individualized strategy for each client, in order to help them to assemble an EB-2 National Interest Waiver petition which meets each legal requirement, and thereby have the highest chance of approval.

Many law firms simply reproduce a standard template for each profession and insert basic information about the applicant, which can lead to denials. At Patriot Immigration Law Group, we give each client personalized attention and work directly with the client to develop a petition which accounts for all of the positive aspects of their client’s career, thus ensuring the highest chance of approval.

Our services include:

  • An in-depth strategy meeting with an attorney at the start of your case, in order to determine what sort of proposed endeavor will lead to the highest chances of approval.  Followup meetings are conducted as needed to refine the strategy, depending on what type and quality of evidence the client is able to produce or obtain.

  • Developing a personalized list of documents, which will help the client to highlight the most important roles in their career, and if applicable, the most important projects that they have led, developed or taken part in.

  • Creating an application package which clearly shows how the evidence presented meets each applicable legal requirement for approval.

Additionally, for an additional fee paid to the United States Immigration and Citizenship Services (USCIS), a petition may be adjudicated in only 45 calendar days, thus allowing the applicant to have an approval very quickly and thereafter begin making plans for their transition to the United States. An applicant’s spouse and unmarried children under 21 can also receive permanent residence if the petition is approved.

An applicant’s spouse and unmarried children under 21 can also receive permanent residence if the petition is approved.

If you are interested in an evaluation of your eligibility for an EB-2 National Interest Waiver, please contact our office. We guarantee an honest opinion regarding your chances of success, and will also explore any other alternative immigration options which may be applicable.

Contact our law firm today to schedule a consultation with an attorney to determine your eligibility.


Contact Patriot Immigration Law Group today for a consultation.