Overview
The EB-2 NIW is a pathway to U.S. permanent residence for individuals with exceptional ability or advanced degrees, who can demonstrate that their work benefits the national interest of the United States. Unlike the standard EB-2 visa, this route waives the job offer and labor certification requirements, allowing applicants to self-petition.
Who Is Eligible?
There are two primary eligibility components:
Standard EB-2 Requirements:
Advanced degree (master’s or higher), or
Exceptional ability in sciences, arts, or business (demonstrated by meeting at least 3 of 6 USCIS criteria).
National Interest Waiver — The Matter of Dhanasar Test:
To qualify for a NIW, the applicant must satisfy three prongs:
1. Substantial Merit and National Importance
Your proposed work must have intrinsic value and potential impact in fields such as:
Public health
Education
Scientific research
National security
Economic competitiveness
Environmental protection
The merit may be evidenced by publications, funding, patents, or recognized accomplishments.
2. Well-Positioned to Advance the Endeavor
You must demonstrate that you are capable of carrying out the proposed work, supported by:
Education, skills, and past experience
Record of success (e.g., peer-reviewed work, media coverage, prior contributions)
Endorsements from reputable organizations or professionals
3. On Balance, Benefits the U.S. to Waive Labor Certification
You must show that:
Your work offers benefits beyond what a U.S. worker might provide
The national interest is better served by waiving the job offer and labor certification process
Examples of Suitable Professions
While many professions may qualify, here are examples that often meet EB-2 NIW criteria:
Biomedical researchers working on infectious disease control
AI engineers developing advanced cybersecurity systems
Environmental scientists addressing climate change or sustainability
Legal scholars with published work on constitutional reform
Chemical engineers advancing clean energy technologies
STEM educators improving access to underserved populations
Physicians or public health experts working in shortage areas or conducting high-impact research
Why Choose Sharova Law Firm?
Case-Specific Strategy: We analyze your work and propose the strongest angle for NIW eligibility
Evidence Development: We help organize and present academic, professional, and testimonial evidence
Tailored Petitions: No templates — each petition is customized to highlight your national impact
Multilingual Support: Russian- and English-speaking team
Online and In-Person Service: Available nationwide
Important Disclaimer
The information provided on this page is for general informational purposes only and does not constitute legal advice.
Immigration law is complex, and each case must be evaluated individually by a qualified attorney.
Schedule a Legal Evaluation
Think your work may qualify for the EB-2 NIW?
Let our attorneys assess your credentials and develop a strategy for a successful petition.
Book a confidential consultation with Sharova Law Firm today.
