What NIW examines

NIW is the national interest waiver under EB-2. You first meet EB-2 basic eligibility — an advanced degree, or exceptional ability in the sciences, arts or business — and then ask to waive the job offer and labor certification that EB-2 normally requires. The waiver is currently assessed under Matter of Dhanasar's three prongs: the proposed endeavor has both substantial merit and national importance; you are well positioned to advance it; and on balance it would benefit the United States to waive the job offer and labor certification requirements. NIW does not require the EB-1A ten criteria and does not require you to be at the top of your field, but it does require you to state very specifically what you intend to do.

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Basic information

Why this is asked:NIW requires no employer, but the whole petition is built around the specific endeavor you propose, so start by fixing your field and direction.

How to answer:Write your name as it appears in your passport. Contact details are used only for our reply and are never displayed publicly.

Step one: EB-2 basic eligibility

Why this is asked:Before the waiver can be discussed you must qualify under EB-2: either an advanced degree (master's or above, or a bachelor's plus five years of progressive experience) or exceptional ability in the sciences, arts or business. Without this step the three prongs never arise.

How to answer:Only one route needs to hold; you may fill both. For the degree route, state the degree and years of progressive experience. For exceptional ability, list evidence by type below.

Advanced degree route: your degree and experience

Highest degree, field and graduation date. If relying on a bachelor's plus progressive experience, state the years of related post-graduation work.

Education and training

Employment and ventures

Exceptional ability route: available evidence

Why this is asked:This route looks at evidence types such as degrees or certificates, ten or more years of full-time experience, professional licensure, salary well above peers, professional association membership, and recognition of your achievements by peers, government bodies or professional organizations.

How to answer:List entries by type with dates and issuing bodies. Leave inapplicable types empty.

Dhanasar prong one

Step two · Prong 1: substantial merit and national importance

This section sets the direction of the whole petition. What is examined is the specific endeavor you propose — not your occupational category and not whether your industry generally matters.

The specific endeavor you propose to pursue in the U.S.

This is the starting point and the most common mistake: describe the specific work, not a job title. "AI research" is not an endeavor; "applying a class of models to early screening in medical imaging, deployed in these settings" is.

Where the substantial merit of this endeavor lies

What problem it addresses and who benefits. Merit need not be economic — health, education, environment and security all count.

Why the endeavor has national importance

Distinguish "the industry matters" from "this endeavor matters". Address whether the impact extends beyond a single employer or locality — multi-site adoption, public policy goals, supply chains, critical technology — and point to public sources where possible.

Public evidence supporting national importance

Why this is asked:Importance must be corroborated by outside material, not asserted by the applicant alone. Government reports, industry statistics, policy documents and press coverage all serve as reference points.

How to answer:Give the document, source and date, and state which of your claims above it supports. Links or filenames are fine.

Dhanasar prong two

Prong 2: you are well positioned to advance the endeavor

This looks at your record: education, skills, past achievements, adoption and investment by others, and a realistic plan. Success need not be guaranteed, but verifiable progress is expected.

Past achievements directly related to the endeavor

Why this is asked:This asks why you are the person who can advance this work. What counts is what you have already done in the same direction, not intent or plans.

How to answer:For each entry give the achievement, date, your role, and the verifiable outcome (adopters, data, revenue, findings).

Publications, patents and technical output

Why this is asked:Evidence of your output and accumulated expertise in this direction.

How to answer:Give the venue or patent, date and your position; add citation counts, adoption, licensing or commercialization where they exist, noting the data source and date.

Awards, memberships, judging and media coverage

Why this is asked:NIW does not require the EB-1A ten criteria, but comparable external recognition is still standard material for showing you are well positioned.

How to answer:Give the name, date, granting or inviting body and level. A short list is fine — relevance to your endeavor matters most.

Funding, users, partners or employer interest

Why this is asked:Evidence that outside parties have already invested or intend to adopt the work strongly supports that the endeavor can move forward. No employer and no job offer is required.

How to answer:List funding sources and amounts, pilot or purchase interest, partner institutions, signed or pending agreements. Executed commitments weigh more than letters of intent; list both.

How you plan to advance the endeavor in the U.S.

Which institutions, which locations, in what form, plus checkable milestones over the next two to three years. The plan must line up with the record above.

Dhanasar prong three

Prong 3: why waiving the job offer and labor certification benefits the U.S.

The most frequently neglected section. It does not restate your credentials; it answers why, in your circumstances, skipping the job offer and labor certification process is on balance better for the United States.

Why waiving the job offer and labor certification benefits the U.S.

The waiver is the heart of NIW: even if U.S. workers could perform similar work, it would still benefit the United States to let you pursue this endeavor. Address that layer rather than restating your qualifications.

Why the employer plus labor certification route is impractical or unsuitable for you

For example self-directed research or entrepreneurship, work not tied to one employer, an endeavor spanning institutions, or a role that does not fit a standard position description. State it plainly.

Is there any time sensitivity?

If a policy window, public-health need or industry demand imposes timing, explain it. Leave blank if not applicable.

Anything else and recommendation letters

Anything else that may help

Information outside the categories above, including the points you feel least sure about.

Recommendation letters

Why this is asked:NIW letters usually come from independent experts and corroborate both the importance of the endeavor and your ability to advance it. Letters from direct collaborators help, but independent opinions carry more weight.

How to answer:No drafts needed yet. Note who the writer would be, how they know you, and which specific fact they can attest to. Independent experts with no direct working relationship often carry more weight.

Visa and family background

Why this is asked:Prior visa applications and refusals affect how the consular or adjustment stage is handled, and that needs to be known at the outset rather than discovered before an interview. Relatives in the U.S. can indicate parallel options or a family timeline that must be planned alongside your case.

How to answer:Approximate dates are fine. A past refusal does not by itself end a case, but report it accurately — an undisclosed record causes far more trouble than the record itself.

Have you applied for immigrant, student or visitor visas before?
Have you ever been refused an immigrant, student or visitor visa?

Spouse and children, if any

Include birth years. If a child is approaching 21, the family timeline needs separate planning.

Do you or your spouse have relatives in the United States? Note the relationship and where they live.

Submit to TIHU for review

We will prepare an initial review based on the facts you entered and reply through the contact details you leave. Please double-check your name and contact information before submitting.