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EB-2 National Interest Waiver

A green card you petition for yourself.

No employer sponsor. No labour certification. The NIW lets exceptional professionals self-petition, which also means changing job or founding a company without restarting the process.

Is your green card timeline controlled by one employer?

The NIW breaks that dependence. Because you are the petitioner, changing role, moving employer or starting a company does not send you back to the beginning of a sponsored queue.

It is not an easier route, only a different one. Petitions are decided on how well the endeavour and its national importance are evidenced, and most refusals turn on the first prong rather than on the petitioner's credentials.

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The Dhanasar framework

USCIS decides an NIW on three prongs. A petition has to answer all of them.

Most denials we are asked to take over failed on the first prong, where national importance was described rather than evidenced.

  1. Substantial merit and national importance

    The endeavour has to matter beyond a single employer. Work in AI, healthcare, energy, infrastructure or applied research usually can, but importance is argued from consequences and evidence rather than asserted from the field.

  2. Well positioned to advance it

    Degrees, publications, patents, funding, adoption of your work and a documented record are what show you can actually deliver the endeavour, not merely that it is worthwhile.

  3. Beneficial to waive the job offer

    It must be on balance better for the United States to grant residence now than to require a labour-market test. This prong is short and is often left unargued, which is a mistake.

Four questions

Tell us where you stand.

Four questions, so an attorney opens your consultation already knowing your profile. Your answers are read by an attorney rather than scored by an algorithm, and nothing here is an assessment of your eligibility.

Prefer to talk? Call 510-742-5887 or book a time.

Fields marked * are required.

Highest degree earned
Years of professional experience
Current status

Answer the three questions above to continue.

Please do not include confidential case details. This form is not legal advice and does not create an attorney-client relationship.

For employersSponsoring a team member instead? See the PERM track.

The information on this website is for general informational purposes only and is not legal advice. Contacting Shah Peerally Law Group, including through this website, does not create an attorney-client relationship. Do not send confidential information until an attorney-client relationship has been established in writing. Prior results do not guarantee a similar outcome.

Free consultation

Tell us what you are facing.

We will tell you where you stand: which categories you qualify for, the realistic timeline, and what it costs, before you commit to anything. Consultations are confidential and available in English, French, Hindi, Urdu and Creole.

Urgent matter? A detention, a hearing date, an expiring status? Call rather than write.