National Interest Waiver (NIW)

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NIW Success

Introduction

The EB-2 National Interest Waiver (NIW) is a distinctive provision in the second preference employment-based category. It allows qualified individuals to self-petition for lawful permanent residency without a specific job offer or an employer-sponsored labor certification. The waiver serves those whose proposed work in the United States carries substantial merit and national importance, so that the traditional labor market test would not serve the national interest.

Ordinarily an EB-2 petition needs a permanent, full-time job offer from a U.S. employer plus an approved labor certification from the U.S. Department of Labor—a lengthy process proving that no minimally qualified U.S. worker is available. That burden limits both employers and foreign nationals who lack a sponsor. Labor certification is time-consuming and costly, so many employers hesitate to sponsor EB-2 candidates.

Under the National Interest Waiver, an individual may instead ask USCIS to waive those requirements by showing that admission would be in the national interest of the United States. That permits self-petitioning: the applicant files Form I-140 independently and documents both EB-2 eligibility and qualification for the waiver.

To qualify for an NIW, a petitioner must first demonstrate eligibility for EB-2 classification, either as:

A member of the professions holding an advanced degree (or its equivalent), or
An individual of exceptional ability in the sciences, arts, or business.

Once the EB-2 threshold is met, the applicant must satisfy the three-prong test set out in the precedent AAO decision, Matter of Dhanasar (December 27, 2016). That standard made NIW adjudication more flexible and inclusive, focusing on the national significance of the endeavor, the petitioner’s qualifications, and whether waiving the job offer and labor certification benefits the United States on balance.

Most recently, on January 15, 2025, USCIS issued a major policy update clarifying how EB-2 NIW petitions are evaluated, refining expectations in several areas:

The definition and articulation of the proposed endeavor;
The connection between the petitioner’s qualifications and the endeavor;
The evaluation of both dependent and independent recommendation letters; and
The weight given to endorsements from U.S. government and quasi-governmental entities.

Our experience with thousands of NIW cases leads us at Liu & Associates, P.C. to read the current framework as both more transparent and more accessible to individuals across a diverse range of fields. Aligning legal precedent with clear, updated guidance keeps the EB-2 NIW a vital pathway for people whose expertise and proposed contributions serve the broader U.S. interest.

Our success with NIW (National Interest Waiver) petitions

Liu & Associates, P.C. has petitioned more than 40,000 NIW (National Interest Waiver) cases successfully, and for the last 10 consecutive years the approval rate for cases accepted under our "Approval or Refund^®" service has stayed above 99%. That record has produced current, proven strategies for the category, letting us extend our "Approval or Refund^®" service to many NIW cases we accept.

Devoted exclusively to employment-based immigration, we obtained over 6,400 NIW approvals in 2024 alone. That record reflects our commitment to exceptional service and our close read of shifting USCIS adjudication trends.

We have served clients from over 120 countries across academia, industry, government, and nonprofits. Whether you are a national-lab researcher, a startup innovator, or a professional on public interest projects, we know how to present your qualifications and endeavor to meet USCIS expectations.

To us, clients are never just case numbers. We pair a high-volume firm's scale and insight with a boutique practice's tailored strategy and care. Every petition is detailed, data-backed, and aligned with the latest policy guidance.

For qualified cases, we offer the Approval or Refund^® service—our way of showing confidence in our process and commitment to your success.

Let us help you secure your NIW approval with clarity, confidence, and a strategy built for results.

EB-2 Eligibility Is Still Required

A strong national interest argument alone does not make a case eligible for a National Interest Waiver (NIW). The NIW removes the job offer and labor certification requirements but does not waive EB-2 classification requirements.

An NIW also requires EB-2 eligibility: either a member of the professions holding an advanced degree (or its equivalent), or an individual of exceptional ability in the sciences, arts, or business.

Only once that EB-2 threshold is met will USCIS consider whether a waiver is justified in the national interest.

Click here to view a summary of EB-2 eligibility requirements.

What is "National Interest" ?

Statutory language never defines "national interest," but the Immigration Act of 1990 gives direction: the standard for a National Interest Waiver (NIW) under EB-2 must be "significantly above that necessary to prove prospective national benefit." So not every contribution that benefits the United States qualifies. The petitioner must show that waiving the job offer and labor certification yields benefits that advance the national interest substantially.

USCIS deliberately keeps its approach flexible. The agency has long held that each case turns on its own merits, and that the burden of proof rests with the petitioner to show that admission will benefit the nation enough to justify bypassing the usual labor market protections.

USCIS adjudications and precedent have clarified which contributions may satisfy this standard. USCIS generally expects a direct and tangible benefit to the broader community or national priorities. Factors it has historically weighed include:

The foreign national’s admission is expected to strengthen the U.S. economy.
Their work may raise wages or improve working conditions for U.S. workers.
The endeavor helps develop more affordable housing for vulnerable populations.
The individual’s efforts will enhance the U.S. environment or promote more efficient use of natural resources.
The applicant’s contribution is specifically requested or endorsed by a U.S. government agency or a quasi-governmental institution.

Beyond economic and scientific impact, USCIS has weighed cultural enrichment, public welfare, and national security, provided the petitioner shows a logical, credible link between the work and the claimed benefit.

Our experience at Liu & Associates, P.C. shows USCIS treating a wide range of professions and roles as satisfying the national interest requirement when a strong evidentiary record supports them.

USCIS does not confine the national interest standard to a narrow set of professions. What matters is showing that the specific endeavor has substantial merit, national relevance, and meaningful societal impact.

Matter of Dhanasar: The Current Standard for National Interest Waivers

On December 27, 2016, the Administrative Appeals Office (AAO) issued the precedent decision Matter of Dhanasar, setting the framework now used to evaluate National Interest Waiver (NIW) petitions under EB-2.

The decision introduced a more flexible, modernized standard for waiving the job offer and labor certification requirements. Under the Dhanasar framework, USCIS may grant a National Interest Waiver if the petitioner shows that:

The proposed endeavor possesses both substantial merit and national importance;
The petitioner is well positioned to advance that endeavor; and
On balance, waiving the job offer and labor certification requirements would benefit the United States.
This three-prong test now governs all EB-2 NIW adjudications.

How to Meet the Requirements for a National Interest Waiver Based on Matter of Dhanasar

A. Substantial Merit and National Importance

For the first prong of the Matter of Dhanasar framework, the petitioner must show the proposed endeavor has both substantial merit and national importance. Under the January 2025 USCIS policy update, these concepts are distinct but assessed together to gauge the work's broader value.

A1. Substantial Merit

Substantial merit can be shown in many areas—science, technology, healthcare, education, business, public policy, and the arts, among others. The work need not produce immediate economic value, but it must address a meaningful problem, advance knowledge or practice, or contribute to societal well-being.

Supporting evidence may include:

A clear, well-written description of the proposed endeavor that outlines its goals, scope, and relevance;
Research publications, reports, or technical documentation that establish the merit of the work;
Recommendation letters that explain the value and purpose of the endeavor in accessible terms.

A2. National Importance

National importance turns on impact beyond a local or individual setting. Under the 2025 guidance, USCIS weighs more heavily how clearly the petitioner defines the endeavor and whether it aligns with U.S. government priorities or addresses publicly recognized challenges.

Key considerations include:

Whether the endeavor carries national or global implications within its field;
Whether it supports U.S. government initiatives or addresses national goals (e.g., public health, energy sustainability, AI innovation, climate resilience);
Whether the work advances economic development, equity, public safety, or the advancement of knowledge.

Examples of persuasive evidence:

Federal or state funding (e.g., NIH, NSF, DOE, DOD) for projects connected to the petitioner’s work.

B. Well Positioned to Advance the Proposed Endeavor

The second prong of the Dhanasar test requires the petitioner to show they are well positioned to advance the proposed endeavor. USCIS must therefore be persuaded that the petitioner's qualifications, experience, and track record can carry the work through to fruition.

Factors considered include:

Academic credentials and professional training.
Skills, certifications, or specialized expertise directly relevant to the endeavor.
Documented past achievements, including publications, patents, projects, or awards.
Progress already made toward the endeavor’s goals (e.g., early-stage results, collaborations, product development).
Interest, support, or recognition from third parties such as investors, institutions, government agencies, or collaborators.

Supporting evidence may include:

Detailed expert letters attesting to the petitioner’s qualifications and prior impact.
Documentation of key roles in funded projects, particularly government grants.
Memberships, awards, or distinctions earned in the relevant field.
Media recognition or invited presentations at conferences or institutions.
Proof of commercialization, technology transfer, or adoption of work by others.

Success need not be certain, but the petitioner must present credible and corroborated evidence of preparedness and momentum. USCIS now stresses the quality and specificity of supporting materials, especially recommendation letters; vague or unsupported claims fail the burden of proof.

Our team often borrows evidentiary standards from EB-1A and EB-2 Exceptional Ability petitions to build a strong narrative under this prong, tailoring each filing to the NIW context.

Common types of persuasive evidence include:

A. Publications & Citation Records: Showing the petitioner’s influence through published articles, books, and citation analysis.
B. Letters of Recommendation: Written by people with firsthand knowledge who address the petitioner’s achievements, positioning, and impact in specific terms.
C. Government Grants: Proof of substantial participation in federally funded research or innovation.
D. Selective Memberships: Proof of admission to professional organizations that require recognized achievement.
E. Prestigious Awards: National or international honors tied to professional excellence.
F. Published Material About the Petitioner: Media or scholarly coverage that reflects the importance of the petitioner’s contributions.
G. Patents, Contracts, Licenses: Intellectual property or commercial agreements that show real-world utility.
H. External Reliance: Documentation showing that others have sought the petitioner’s expertise or relied on their work.
I. Critical Role: Evidence of leadership or indispensable contributions in high-value projects or initiatives.

C. Balancing Test: Why a Waiver of the Job Offer and Labor Certification Benefits the United States

The third prong of the Matter of Dhanasar test calls for a balancing determination: whether the United States would, overall, benefit from waiving the job offer and labor certification requirements. It weighs the national interest in the petitioner's contributions against labor certification's policy rationale—protecting U.S. workers and the labor market.

USCIS may consider the following factors:

The petitioner’s skills are unique or highly specialized, which makes labor certification impractical or unlikely.
The proposed endeavor is urgent or time-sensitive and would suffer from delays in the labor certification process.
The petitioner is self-employed in a way that does not harm the U.S. workforce.
The endeavor is expected to create jobs, spur economic development, or strengthen U.S. competitiveness.
Even when qualified U.S. workers are available, the petitioner’s contributions deliver benefits that outweigh the value of labor market testing.

USCIS does not require proof that labor certification is impossible—only that waiving it yields greater benefits. This prong favors entrepreneurs, independent researchers, and public-interest innovators whose work is untied to one employer or a narrowly defined job.

To support this prong, petitioners may submit:

A reasoned statement or legal brief explaining why labor certification is ill-suited to the nature of their endeavor.
Evidence that no viable job offer exists, or that traditional employment routes would obstruct the petitioner’s national contributions.
Endorsements from institutions, partners, or agencies that stress the urgency or public value of the petitioner’s work.

The petitioner’s narrative should stress that letting the work proceed without delay or constraint outweighs labor market protection in this case. When the first two prongs are clearly met, a cohesive strategy often carries the third.

2025 USCIS Trends in NIW (National Interest Waiver) Adjudication

At Liu & Associates, P.C., we track and interpret adjudication trends to help clients navigate the changing NIW landscape. After the January 15, 2025 policy update from USCIS, several developments have reshaped how NIW petitions are evaluated—particularly evidentiary standards, petition structure, and how the proposed endeavor is described.

Key NIW Adjudication Trends in 2025

1. Clarified EB-2 Eligibility Standards

USCIS now gives more structured guidance on assessing EB-2 eligibility:

Advanced Degree Professionals:
Adjudicators decide whether the occupation qualifies as a "profession" under INA 101(a)(32) and whether a bachelor's degree plus five years of progressive experience meets the specialty's requirements.

Individuals of Exceptional Ability:
USCIS stresses that shown exceptional ability must relate directly to the proposed endeavor, weighing shared skill sets, specialized knowledge, or expertise.

2. Stronger Emphasis on Defining the Proposed Endeavor

The 2025 USCIS policy update places heightened importance on a clearly defined and well-articulated proposed endeavor. USCIS needs a detailed, structured description to assess the work's substantial merit and national importance.

Key elements to include in a well-defined endeavor:

Specific Goals and Scope – Describe clearly what the petitioner intends to accomplish, the nature of the work, and the expected outcomes.
Execution Plan – State whether the endeavor will be carried out through employment with a particular organization, independently, or through self-directed research or entrepreneurship.
National Relevance – Explain how the endeavor advances broader U.S. interests: economic development, public health, environmental resilience, national security, or scientific advancement.

USCIS gauges importance by projected impact on the field or on national priorities, not by localized or employer-specific benefits. A compelling narrative of what the petitioner will do, how, and why it matters to the United States is now central to success.

At Liu & Associates, P.C., we prepare the proposed endeavor statement for each client based on the information they provide. Our team crafts a tailored, USCIS-compliant narrative tying the client's background and plans to national interest criteria so the petition meets current standards.

3. Refined Expectations for Recommendation Letters

The 2025 USCIS policy update confirms that a letter's persuasive force rests on its substance, not the writer's independence. USCIS now favors letters from people with firsthand knowledge of the petitioner's work—supervisors, collaborators, or project leads.

What Makes a Strong Letter?

A recommendation letter supporting a National Interest Waiver petition should:

Detail the petitioner’s specific achievements, including research findings, innovations, or contributions to significant projects;
Show how the petitioner is well positioned to advance the proposed endeavor through their track record, skill set, and momentum;
Explain the national relevance of the petitioner’s work—through its impact on public policy, scientific progress, economic growth, or other national priorities.
USCIS-Favored Characteristics

USCIS officers now look for letters that:

Offer concrete examples rather than general praise;
Come from direct, firsthand experience with the petitioner’s work;
Draw support from independent documentation elsewhere in the petition (e.g., publications, funding records, citations, project outcomes);
Explain how the petitioner’s efforts advance broader societal, institutional, or governmental objectives.

What to Avoid

Vague, duplicative, or formulaic letters add little and dilute the petition's strength. Phrases like "widely respected in the field" with no examples, or generic summaries without context, are unlikely to sway an adjudicator.

At Liu & Associates, P.C., we draft custom, field-specific support letters for clients who want them, drawing on current USCIS adjudication trends and the governing framework so each letter fits the petitioner's proposed endeavor.

4. Greater Value Assigned to Government Endorsements

The 2025 USCIS policy update confirms that support letters from U.S. government agencies and quasi-governmental entities weigh heavily as evidence in National Interest Waiver (NIW) petitions—especially when they confirm alignment with national initiatives or address pressing public needs.

U.S. government agencies include the following federal departments and institutions:

National Institutes of Health (NIH)
National Science Foundation (NSF)
Department of Energy (DOE)
Department of Defense (DoD)
Centers for Disease Control and Prevention (CDC)
Environmental Protection Agency (EPA)
U.S. Department of Agriculture (USDA)
National Aeronautics and Space Administration (NASA)

Quasi-governmental entities are organizations that are not direct arms of the federal government but perform public functions and may receive government funding or oversight. Examples include:

National laboratories (e.g., Lawrence Berkeley National Lab, Oak Ridge National Lab)
Federally Funded Research and Development Centers (FFRDCs)
Public universities conducting federally supported research
Public-private partnerships or consortia aligned with federal initiatives (e.g., ARPA-H, Manufacturing USA Institutes)

Letters from these institutions carry the greatest weight when they:

Present the petitioner’s work as advancing a recognized federal or national priority
Confirm the practical use, adoption, or expected impact of the petitioner’s contributions or
Cite funding, collaboration, or formal engagement with the petitioner or their endeavor.

We encourage clients to seek such endorsements where applicable and help identify opportunities to obtain them. Integrated properly into the petition, these letters strengthen the national importance argument and show external recognition at the highest levels.

Conclusion

The 2025 USCIS policy update marks a shift toward clearer standards, greater transparency, and a stronger focus on the quality and specificity of evidence filed with NIW petitions. Our team at Liu & Associates, P.C. builds those trends into our strategy—so your endeavor is clearly defined, your qualifications convincingly documented, and your support letters aligned with USCIS's expectations. Tracking service center differences and national adjudication trends, we keep maximizing approvals across many fields.

Applying for National Interest Waiver (NIW) from outside of the U.S.

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Physicians Seeking National Interest Waiver (NIW)

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EB2-NIW (National Interest Waiver) Reference/Recommendation Letters

A recommendation letter is also called a reference letter, supporting letter, or testimonial letter, depending on its content. Such letters are often a core part of an EB-2 NIW (National Interest Waiver) petition, and an NIW letter ranks among the most important evidentiary materials because it shows recognition by experts in the field and your influence on others' work. Given that weight, once clients retain us, we at Liu & Associates, P.C. discuss every letter with them and ensure a strong mix of recommenders. Unlike firms that merely hand out templates or charge extra, we draft 4-6 letters per client—work that demands solid command of USCIS regulations and immigration law. We at Liu & Associates, P.C. finish all drafts (4-6 letters) within 10 business days, one key to our exceptionally high approval rate and short preparation time.

We also help you think beyond any single letter, assembling a set that complements itself—which takes a full grasp of your case plus a firm understanding of dependent versus independent letters. A dependent letter comes from someone you know—through a shared academic institution, a prior co-authorship, or another pre-existing professional connection. An independent recommender generally has no prior professional relationship with you. Each type has its own benefits, risks, and value. USCIS often uses independent recommenders to address your influence and standing in the field, since it tends to see dependent letters as biased by the existing relationship. Dependent recommenders, though, can examine your work in greater detail because that relationship usually makes them more familiar with it. A balanced mix of the two is often the key to a convincing petition letter, and we know each type's strengths and weaknesses well enough to deploy them for your strongest case.

Below is a common recommendation letter template for an NIW (National Interest Waiver) petition. Effective letters require a deep understanding of what USCIS looks for. We at Liu & Associates, P.C. firmly believe well-drafted letters are essential to success. These reference letters are examples only, meant to clarify the nature of an NIW letter; do not use them for an actual petition.

Or see more about NIW Recommendation/Reference Letter

How to File an EB-2 NIW (National Interest Waiver) Case

To file an EB-2 NIW (National Interest Waiver) Case, complete Form I-140 (Immigrant Petition for Alien Workers) and send the petition materials to the service center with jurisdiction: the I-140 (for paper filing) or the I-140 E-filed confirmation receipt (for E-filing), the petition letter, reference letters, and all other supporting evidence.

For more information, please see our article How to File an EB-2 NIW (National Interest Waiver) Case

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