The EB-2 National Interest Waiver lets a qualifying worker skip the job offer and labor certification and self-petition on Form I-140. Prima.Law helps build the three-prong record.
An EB-2 worker with an advanced degree or exceptional ability whose endeavor is in the national interest. No employer sponsor is needed.
Form I-140 with a completed ETA-9089 Appendix A, plus evidence for each prong. Spouses and children may follow in E-21 and E-22 status.
Per Matter of Dhanasar: substantial merit and national importance, well positioned to advance the endeavor, and on balance a waiver benefits the U.S.
With no labor certification, the priority date is the date USCIS accepts the Form I-140 for processing.
The National Interest Waiver lets an EB-2 worker ask USCIS to waive the job offer, and with it the labor certification, because the work is in the national interest. Because no job offer is needed, the worker may self-petition on Form I-140, including the Form ETA-9089 materials USCIS requires, such as Appendix A.
The petitioner must first qualify for EB-2, as a member of the professions holding an advanced degree or as a person of exceptional ability. USCIS then applies the three-prong Matter of Dhanasar framework. The endeavor must be more specific than a general occupation, and national importance is judged by the work the person will actually do.
With no labor certification, the priority date is the date USCIS accepts the Form I-140. Spouses and unmarried children under 21 may be eligible for E-21 and E-22 status.
General information based on USCIS and other government guidance. Eligibility depends on each client’s facts; this is not legal advice.
Clients describe a general occupation instead of a specific endeavor, while USCIS judges national importance by the actual planned work.
How Prima.Law helps: Smart Interviews ask the petitioner targeted questions about projects, goals and impact, and the answers import into the profile and Form I-140 so the endeavor is defined early.
Publications, citations, letters and plans pile up with no clear link to merit, positioning or balancing, and gaps surface late.
How Prima.Law helps: A proven checklist by active immigration lawyers, sorted by Dhanasar prong, lists each exhibit; the petitioner uploads to it in the portal and staff mark items complete.
After approval, NIW clients may wait for their priority date to become current, and staff must watch the Visa Bulletin month after month.
How Prima.Law helps: Priority date tracking records the I-140 filing date, while USCIS receipt tracking with status alerts and the client portal keep the petitioner updated without extra emails.
The NIW template sorts the checklist by Dhanasar prong, so merit, positioning and balancing evidence each have a clear home.
Smart Interviews collect degrees, publications, citations and plans from the petitioner, then import into the I-140 and profile.
USCIS accepts the I-140 by online PDF upload or by mail. Prima produces the autofilled PDF or an indexed, paginated paper package.
Track the priority date and USCIS receipts after filing, and show the client their case status in the portal automatically.
Show an advanced degree, or meet at least 3 of the 6 exceptional ability criteria.
Assemble evidence for each of the three Dhanasar prongs as USCIS describes them.
The worker files Form I-140 on their own behalf, by mail or online. The filing date sets the priority date.
When the priority date is current, the worker files Form I-485 or proceeds with a consulate.
EB-1A extraordinary ability, EB-1B researchers, EB-1C multinational managers.
Prevailing wage, recruitment and ETA-9089 on FLAG, leading to the I-140.
O-1A and O-1B extraordinary ability petitions, with O-2 and O-3.
All business immigration case types in Prima.Law.
Book a demo and see how Prima.Law handles EB-2 NIW cases.