The National Interest Waiver, for Founders

The EB-2 National Interest Waiver (NIW) is one of the few routes to a U.S. green card that doesn’t require an employer sponsor or a labor certification. You petition for yourself. For founders, researchers and specialists building work that matters beyond their own company, it is often the most practical path to permanent residence.

It is also widely misunderstood. The NIW is not a lighter version of the EB-1A. It asks a different question — about the work you propose to do in the United States, and whether the country benefits from letting you do it without the usual job-offer process.

Step one: qualify for EB-2

Before the waiver comes the category. You must qualify as either:

• A member of the professions holding an advanced degree — a U.S. master’s or higher, or a foreign equivalent, or a bachelor’s degree plus at least five years of progressive post-degree experience; or
• A person of exceptional ability in the sciences, arts or business — shown by meeting at least three of six regulatory criteria, such as a degree, ten years of experience, a license, high salary, professional memberships, or recognition for achievements.

Step two: the Dhanasar test

Since 2016, NIW petitions have been decided under Matter of Dhanasar. USCIS may grant the waiver if you show all three of the following:

• Your proposed endeavor has both substantial merit and national importance.
• You are well positioned to advance the proposed endeavor.
• On balance, it would benefit the United States to waive the job-offer and labor-certification requirements.

Prong one: merit and national importance

The focus is the endeavor — the specific work you plan to do — not your past achievements. Merit can be shown in business, science, technology, health, education, culture and more. National importance looks at the potential prospective impact: does the work have implications beyond a single employer or its customers?

In January 2025, USCIS updated its Policy Manual guidance on the NIW. Among the clarifications: an endeavor with national or global implications in a field can qualify, but for entrepreneurs, broad assertions that the business will create jobs or contribute to the economy are not enough on their own. The petition should explain, with evidence, how the specific endeavor will have broader impact.

Prong two: well positioned to advance it

Here the record looks at you: education, skills, track record, a credible plan, progress already made, and interest from investors, customers, partners or government. For founders, this typically means a concrete business plan supported by evidence of traction — funding, revenue, signed customers, pilots, intellectual property, and a team.

The 2025 update also emphasized that letters and business plans carry more weight when backed by independent, corroborating evidence. A plan that projects growth is a claim; contracts, term sheets and usage data are evidence.

Prong three: the balance

Finally, USCIS weighs whether it makes sense to waive the labor-certification process for you. Factors include whether it would be impractical for you to obtain a job offer or labor certification — common for founders who employ themselves — whether the U.S. benefits even if qualified U.S. workers are available, and the urgency of the work. USCIS guidance retains favorable considerations for advanced-degree holders in STEM fields whose work supports U.S. competitiveness or security.

What strong founder petitions have in common

• A precisely defined endeavor. “Building AI tools” is too broad. “Developing an inference platform that reduces energy cost for hospital imaging systems” can be evaluated.
• A clear link to a national interest — health, energy, critical infrastructure, security, advanced manufacturing, critical and emerging technologies — supported by government reports or independent sources, not just assertion.
• Traction that corroborates the plan: funding from credible investors, customer contracts, grants, pilots, patents, publications.
• Independent expert letters that discuss your specific contribution, rather than generic praise from colleagues.

Process, fees and timing

The NIW is filed on Form I-140. The USCIS filing fee is $715, plus a $300 Asylum Program Fee for self-petitioners. Premium processing is available for NIW petitions: for $2,965, USCIS commits to act within 45 business days — longer than the 15-day window for EB-1A. An action can be an approval, a denial or a Request for Evidence.

Approval of the I-140 is not the green card itself. The final step — adjustment of status in the U.S. or an immigrant visa abroad — depends on your priority date being current under the Visa Bulletin. EB-2 waits vary by country of birth and change month to month, and can be long for applicants born in India and China. Premium processing speeds up the petition, not the queue.

NIW or EB-1A?

The two aren’t mutually exclusive. EB-1A asks whether you are already at the top of your field and usually moves through a shorter queue. The NIW asks whether your forward-looking work serves the national interest, and is often attainable earlier in a career. Many founders file the NIW first, or file both, and let the stronger record lead.