Discover if your work qualifies for the national interest standard under the NIW green card. Learn the 2025 national interest waiver requirements, examples, and how to build a strong petition.
The phrase national interest can sound abstract. In immigration, though, it has a very specific meaning. USCIS wants to see that your work benefits the United States in a broad and measurable way. This means your work cannot help only one company or one city. It must matter to the country as a whole.
For example, a nurse working in a local clinic does valuable work. But unless that nurse’s role addresses a broader public health objective, it may not rise to the level of national importance. On the other hand, a researcher creating a new respiratory disease treatment or an engineer improving grid security has a much clearer case.
The national interest waiver exists for people whose work is so important to the United States that forcing them to go through normal employer sponsorship requirements would actually slow down national progress.
Not sure whether your work rises to the level of national importance? Beyond Border’s attorneys can evaluate your case and give you a clear, realistic assessment.
USCIS uses the Matter of Dhanasar decision as the framework for all national interest waiver EB2 cases. You must satisfy all three prongs.
You can read the official USCIS explanation of EB-2 NIW on their website here:
https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2
The prongs are:
This means your endeavor must solve a meaningful problem or advance the United States in a field that matters nationally. Substantial merit does not require monetary profit. It can be scientific, environmental, cultural, economic, or technological.
National importance means your work impacts more than a single organization. It should influence industries, populations, or national priorities.
Examples that often qualify include developing medical technologies, advancing artificial intelligence or cybersecurity, innovating renewable energy solutions, improving education policy on a state or national level, and creating software that protects critical infrastructure
USCIS reviews your background, track record, skills, publications, citations, patents, letters of recommendation, and relevant achievements.
If you are proposing research, they want proof that you have already produced results or have the institutional support to do so. If you are proposing a startup, they look for traction, investor interest, or unique expertise.
This is the heart of the national interest waiver. The question is simple:
Does America gain more by letting you work freely, or by forcing you into the regular labor certification process?
Examples of when waiving the job offer makes sense include entrepreneurs who create jobs but cannot be sponsored by their own startups, researchers working on time sensitive scientific problems, professionals whose work is independent from conventional employer employee structures, or individuals in fields where innovation is urgent and delays cause harm
Beyond Border prepares detailed NIW arguments explaining exactly why the waiver is in America’s best interest.
USCIS updated its guidance in January 2025 to emphasize alignment with federal priorities. Officers now look more closely at whether your work ties into areas highlighted by Congress, the White House, or national security agencies.
Work often recognized as national interest includes medical research addressing widespread diseases, artificial intelligence and machine learning,cybersecurity and digital infrastructure, clean energy and climate resilience, advanced manufacturing and semiconductor development, education reform with cross state impact, entrepreneurship in critical technology fields
In short, USCIS wants to see how your work contributes to America’s economic competitiveness, scientific leadership, or public welfare.
Strong EB2 NIW cases come from many fields, but what matters most is the national impact of your specific work. In healthcare, this could be a researcher developing early detection methods for cancer or a physician delivering specialized care in medically underserved regions. In engineering and technology, it might involve a cybersecurity professional safeguarding government systems or a machine learning expert advancing tools that strengthen national defense. Scientific researchers also qualify when their work addresses nationwide challenges, such as an environmental scientist improving wildfire prediction models or a chemist designing next-generation battery materials for electric vehicles. Entrepreneurs often succeed by building platforms that expand workforce training across the country or launching startups that innovate in renewable energy, public health, or critical infrastructure. Even education professionals can qualify, such as curriculum developers whose materials are adopted across multiple states or analysts shaping STEM policies at a national level. Across all fields, the title you hold matters far less than the scale and significance of the impact you create for the United States.
To keep expectations realistic, situations that usually do not meet the NIW standard include work helping only one employer rather than the broader public, local or regional impact without national relevance, personal career advancement without proof of national benefit, claims about job creation without data or evidence, occupations that are important but not nationally strategic, or generic statements about field importance.
For example, being a software engineer is not enough. Millions of software engineers exist. USCIS wants to see why your work matters on a national scale.
Current USCIS estimates show national interest waiver processing time for Form I-140 ranges from approximately 10.5 to 26.5 months.
You can check these times directly here:
https://egov.uscis.gov/processing-times/
If you choose premium processing, USCIS will review your I-140 in 45 calendar days, but premium processing does not speed up the rest of the green card process.
After approval, you must wait for visa availability. Applicants from most countries face short waits whereas applicants from India or China face longer backlogs due to visa caps.
Adjustment of status or consular processing adds another 6 to 12 months.
Total time to receive a national interest waiver green card ranges from 18 months to several years depending on your country of birth.
A successful petition needs more than credentials. It needs a story supported by strong evidence.
Common types of evidence are peer reviewed publications, citation records, patents and intellectual property, awards or national recognitions, contracts or grants, media coverage of your work, letters from experts explaining your national impact, government or institutional partnerships and other documented achievements with measurable results.
USCIS also emphasizes consistency. Every claim you make must connect logically to one of the national interest waiver requirements.
Beyond Border works with applicants to identify their strongest accomplishments, obtain expert letters, and craft a narrative that makes their case clear and compelling.
