National Interest Waiver (NIW) Application

Both EB-2A and EB-2B aliens can apply for NIW if they an advanced degree, and meet the following NIW requirements.

Advanced degree means any U.S. academic or professional degree above the Bachelor degree or foreign equivalent (Master or Doctor Degree). If the alien only has a bachelor degree, but has at least 5 years of progressive professional experience, he can be treated as having the equivalent of a Master degree.

To qualify for NIW, the alien must, in addition to meeting the advanced degree requirements, establish that (1) s/he seeks to work in an area of “substantial intrinsic merit”; (2) his/her work must have a benefit which “will be national in scope”; and (3) s/he must “serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualification.”

In demonstrating substantially benefiting the national interest, the following factors (but not only limited to them) can be considered:


  1. Improving the U.S. economy;
  2. Improving wages and working conditions of U.S. workers;
  3. Improving education and training programs for U.S. children and under-qualified workers;
  4. Improving health care;
  5. Providing more affordable housing for young and/or older, poorer U.S. residents;
  6. Improving the environment of the United States and making more productive use of natural resources;
  7. A request from an interested U.S. Government agency.


Family Members (spouse/children). They, whether accompanying or following to join, have the same priority date as principal applicant.