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What Is An EB2 NIW (National Interest Waiver)?

Under this the EB2 - NIW visa application process, an EB2 applicant will not require a job offer or a Labor Certification from the U.S. Department of Labor (DOL), as long as there is ample proof of the EB2 applicant’s usefulness to the nation's interest. 

EB2 NIW (National Interest Waiver) Application Requirements

Under the EB2 or the employment-based second preference category, is a provision termed National Interest Wavier (NIW). Under this arrangement, an EB2 applicant need not procure a Labor Certification or a permanent job offer. Therefore, in the EB2 NIW (National Interest Waiver) category the EB2 applicant can file a self-sponsored application.

The EB2 NIW (National Interest Waiver) requires the EB2 applicant to prove that he or she has exceptional ability or holds an advanced professional degree and is involved in an activity or cause that would benefit the U.S. national interest (the EB2 NIW requirements). Under such circumstance, the EB2 applicant would be able to file an EB2 NIW (National Interest Waiver), which also has its benefits over the usual permanent residency application process.
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EB2 NIW Evaluation Process For A Professional Holding An Advanced Degree


An “Advanced Degree” is defined as a postgraduate degree above that of a Bachelor's degree. To qualify as an advanced degree professional eligible for an EB2 NIW (National Interest Waiver), the EB2 applicant should meet the following requirements:


The EB2 applicant must possess a Bachelor’s degree, as the USCIS will not accept an education evaluation to determine an equivalent to a Bachelor’s degree.

The EB2 applicant must possess a Master’s degree, its equivalent, or a higher level.

Five years of progressive experience in the EB2 applicant’s specialty after obtaining the Bachelor’s degree would be considered an equivalent to a Master’s degree.

The EB2 applicant's work experience cannot be substituted for the Bachelor’s degree.

In case the EB2 applicant’s specialty specifically requires a Doctoral degree, he must possess it.


An EB2 applicant not in possession of a Bachelor’s degree, be it a U.S. degree of its foreign equivalent, will not be considered eligible.


An advanced degree certification (Master’s degree or higher) is a must when applying for the EB2 NIW (National Interest Waiver). The evidence for advanced degree may be presented through the following documents:

  • A copy of the EB2 applicant’s official academic record, either an U.S. advanced degree or its foreign equivalent. It should be complete with details like date of attendance, area of specialty and the date the degree was awarded.
  • A copy of the EB2 applicant’s official academic record showing a U.S. Bachelor’s degree or a foreign equivalent and evidence in the form of letters from current or former employer showing that the EB2 applicant has at least five years of progressive post baccalaureate experience in the specialty.
  • Letter of experience which must be on an official letterhead, must list the employer’s name, address, date, the signatory’s name, title, description of the EB2 applicant’s experience including dates of employment and specific duties.

The Importance Of An Advanced Degree For An EB2 NIW Application

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The Three Prongs Of The Three-Prong Test Adopted By USICS On The AAO Decision For The National Interest Wavier

  • Substantial Merit And National Importance – The EB2 NIW applicant must provide ample evidence and substantiation that the proposed specialty will directly benefit society and positively impact people’s lives. This needs to be done with immense clarity and conviction.
  • Scope Of Implementation - The EB2 NIW applicant must demonstrate how the above-mentioned specialty would be carried out in all terms and conditions. This too needs to be done with clarity and conviction.
  • Reason For Labor Certification Circumvention – The EB2 NIW applicant will find this prong the most difficult to overcome as it will require a well-crafted and convincing reasoning highlighting the high importance of the applicant’s work to the United States and hence would be important enough to waive a Labor Certification.



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