EB-2 Green Card | National Interest Waiver
EB-2 NIW (National Interest Waiver) is a special Green Card (permanent residency) category created for individuals who have the potential to make significant contributions in the fields of science, art, education, technology, or business from a national interest perspective in the United States.
Unlike the classic EB-2 visa, this classification does not require employer sponsorship or PERM approval. Applicants can apply for a Green Card in their own name under the “national interest” by proving that their work in the U.S. will have a significant impact nationwide.
The NIW is a more independent and strategic immigration pathway for individuals who directly contribute to America's scientific, technological, and economic development.
Requirements for National Interest Waiver (NIW) Status
In EB-2 NIW applications, candidates must meet the classic EB-2 criteria (advanced degree or extraordinary ability).
Additionally, fulfillment of the following three essential Dhanasar Test criteria is expected:
The planned job or project of the applicant has substantial merit and national importance: The area of work should contribute to the scientific, economic, cultural, or societal interests of the United States.
The applicant must be well positioned to advance the proposed activities successfully: The educational background, professional experience, publications, awards, or past achievements should demonstrate this capacity.
It must be beneficial to waive the requirement of employer sponsorship in the national interest of the U.S.:
That is, the individual’s ability to carry out work independently in the U.S. will contribute more to the general welfare of the country.
Typically, the application file includes academic documents, samples of research or innovation, reference letters, and project plans.
Application Process and Documents
The EB-2 NIW application begins with the submission of the Form I-140 (Immigrant Petition for Alien Worker) by the applicant on their own behalf.
Since employer involvement is not required, the process is entirely individual and requires a professional strategy.
During the application, the candidate's area of work, level of societal benefit, and long-term impact must be explained in detail.
USCIS, while evaluating the documents, considers not only the candidate's abilities but also the contribution those abilities will make to America's future interests.
Advantages of the EB-2 NIW Visa
Does not require employer sponsorship or PERM.
Personal applications can be made, giving complete control of the process to the applicant.
Once the application is approved, it grants the right to permanent residency (Green Card).
It is a flexible immigration solution for scientists, researchers, entrepreneurs, and professionals.
Family members (spouse and children under 21) also obtain Green Card status.
Family Members
Spouses and unmarried children under 21 of EB-2 NIW visa holders can be included in the Green Card application at the same time.
Spouses can obtain work authorization in the U.S. with an EAD (Employment Authorization Document); children can legally continue their education.
The Approach of Karakaşlıoğlu Law Firm
National Interest Waiver applications are not merely about collecting documents — each case is a strategic narrative that persuasively explains how you will benefit America.
At Karakaşlıoğlu Law Firm, we structure every applicant's professional background, projects, and potential impact in accordance with Dhanasar criteria.
We not only document our clients' achievements but present them with a strong argument that clearly illustrates how they serve America's national interests.
Our goal is not just an approval — it is to establish a solid legal foundation for you to build a permanent future in America.
