Yes. You do not need to be physically in the U.S. to apply. If abroad, you would complete the process through consular processing once your I-140 NIW petition is approved and a visa number becomes available.

To qualify for a National Interest Waiver, you must first qualify under the EB-2 immigrant category. There are two separate ways to do this:

1. Advanced Degree Route

• A U.S. master’s degree or higher (or foreign equivalent), or

• A U.S. bachelor’s degree (or foreign equivalent) plus at least five years of progressive, post-degree experience in the specialty, which USCIS treats as equivalent to a master’s degree

1. Exceptional Ability Route

• You can qualify even without an advanced degree if you can show “exceptional ability” in the sciences, arts, or business.

• Exceptional ability means having a degree of expertise significantly above that ordinarily encountered in your field.

• To establish this, you must satisfy at least three of the six regulatory criteria (such as 10 years of experience, professional recognition, a high salary, or memberships in professional associations) and pass a final merits determination where USCIS evaluates the overall quality of your claim.

• You do not need any formal education, though formal education still helps.

Both options can work, but if you already hold a U.S. master’s degree or higher (or a foreign equivalent), the advanced degree route is usually the stronger and smoother choice. USCIS officers are very familiar with this pathway, and the evidence is easy to prove with diplomas, transcripts, and evaluations. If you have a master’s or above, this usually leaves little room for an officer to question whether you meet the baseline EB-2 requirement. The exceptional ability option is best reserved for applicants who don’t have an advanced degree, or who are in fields where their record of achievements is the stronger story to tell.

In the traditional PERM labor certification process (and often for H-1B visas), the employer has to show that the job itself normally requires a bachelor’s or higher degree. USCIS and the Department of Labor focus on the position and whether it meets the educational baseline for that occupation.

With the NIW, the analysis is different. USCIS looks primarily at you, the applicant, not just the position.

If you are applying under the advanced degree route, you must be in a “profession”, an occupation that normally requires at least a U.S. bachelor’s degree or higher to enter. (Examples: engineering, medicine, computer science.) This is similar to how PERM/H-1B define professional roles.

If you are applying under the exceptional ability route, you don’t need to prove the occupation normally requires a degree. Instead, you must prove that you personally have a level of expertise far above what’s ordinarily encountered in your field, even if that field is not degree-driven.

So while PERM ties eligibility to the job requirements, the NIW allows you to qualify based on your own qualifications and national impact, either through an advanced degree in a profession, or through exceptional ability proven by your track record.

Yes, if you also have at least five years of progressive, full time, post-baccalaureate experience in the specialty. USCIS considers a bachelor’s degree plus five years of progressive experience as the equivalent of a master’s degree, which satisfies the EB-2 “advanced degree” requirement. You must include formal Employment Verification Letters for your 5 years of experience, with exact dates of employment.

Yes. You may qualify under the exceptional ability route. This path is for people who can demonstrate expertise significantly above that ordinarily encountered in their field, even if they don’t hold a master’s or Ph.D. To qualify, you must meet at least three of the six regulatory criteria (such as formal education or certification, ten years of experience, high salary, recognition by peers, or professional memberships), and USCIS will make a final merits determination to decide if your ability rises to the exceptional level.

No. Meeting the EB-2 baseline (through advanced degree or exceptional ability) is only the first step. You must also satisfy the three Dhanasar prongs to receive the National Interest Waiver:

1. Your proposed endeavor has substantial merit and national importance.

1. You are well-positioned to advance that endeavor.

1. On balance, it would benefit the United States to waive the job offer and labor certification requirements

Only if you meet both parts, EB-2 eligibility and the national interest test, can USCIS approve your NIW.

Your proposed endeavor is your future plan to impact the United States through your work. It’s not your job title, it’s the specific activities, goals, or projects you will pursue that have substantial merit and national importance and is mission based. USCIS officers want to see how your work will contribute to a field, industry, or societal challenge beyond your employer.

While not a strict requirement, it is always helpful if there is a match. There should be a logical connection between your background and your future plans. USCIS looks at your education, skills, and track record to decide if you are well-positioned to advance the endeavor. Even if your future plan is broader than your past roles, you need to show that your prior work builds credibility for what you want to do next.

No. While your endeavor can build on your current role, it must be framed as a forward-looking plan that has impact beyond your employer and is mission-focused. For example, instead of saying “I will keep doing my job at Company X,” you should describe how your expertise will drive advances in your field, support U.S. priorities, or create benefits that extend outside your company.

It should be specific enough to show that you have a credible, realistic plan, but also broad enough to demonstrate national-level impact. USCIS officers are not subject-matter experts, so you should explain your methods, short-term goals, and long-term vision in plain terms. Think of it as answering: What will you do? How will you do it? And why does it matter to the United States? At the same time, your endeavor cannot be so broad or generic that “anyone could do it.” For example, saying “I want to contribute to U.S. healthcare” or “I plan to support technology growth” is too vague. USCIS wants to see how you, with your unique expertise, are positioned to make a measurable difference.

Strong proposed endeavors are in areas that align with U.S. national priorities. For example, science, technology, engineering, mathematics (STEM), healthcare, clean energy, infrastructure, national security, cultural enrichment, or workforce development. That said, any field can qualify if you show that your work will have substantial merit and national importance, meaning it benefits more than just one employer and has potential impact at an industry, community, or national level.

Yes. Entrepreneurs can qualify for NIW if they show that their venture has national impact, not just local benefit. USCIS looks for concrete evidence such as a business plan, investment, job creation potential, intellectual property, or support from industry or government partners. Simply stating that a company will “help the economy” or “create jobs” is not enough, you need to demonstrate how your enterprise contributes to U.S. competitiveness or addresses a broader national need.

No. USCIS does not require guarantees of success. Instead, you must show that you are well-positioned to advance your proposed endeavor through your education, skills, track record, and support from others in your field. The law recognizes that many innovations and business ventures involve risk, so what matters is demonstrating a credible plan and the capability to carry it forward, not proving certain success.

You need to show that your work has broader implications for the United States, not just local or company-level benefits. An endeavor may be considered nationally important if it:

• Advances a critical industry (like clean energy, semiconductors, or healthcare);

• Strengthens U.S. economic competitiveness or national security;

• Improves public health, education, or infrastructure; or Introduces methods, technologies, or standards that others in the field can adopt.
  

It’s not about geography, even work based in one state or region can be nationally important if the field-wide or systemic impact is clear.

Because the NIW is about your future benefit to the United States. Your past work helps prove you have the skills and credibility to deliver, but USCIS officers want to see how you plan to contribute in the years ahead. A strong endeavor explains both your short-term goals (steps you’ll take in the next few years) and your long-term vision (how your work will scale to address national challenges or shape your field over time).

Frame your contributions in terms of how they reach outside your company. Instead of focusing only on internal success, emphasize:

• Methods, frameworks, or innovations that others in your industry are using;

• Publications, patents, or open-source contributions that advance your field;

• Influence on industry standards, best practices, or workforce development;

• Collaborations with universities, government, or non-profits;

• Broader recognition of your work.
  

The key is to demonstrate that your expertise is transferable and influential across the U.S. ecosystem, not just valuable to your current employer.

Yes, but in plain, non-technical language. USCIS officers are not specialists in your field, so you don’t need to provide deep technical detail. Instead, explain enough about your approach so they understand you have a credible plan and the skills to carry it out. For example, describe the tools, strategies, or processes you’ll use and how they help you reach your goals.

Definitely. A strong endeavor explains both:

• Short-term goals (what you’ll achieve in the next few years, like completing research, publishing results, or piloting a program).

• Long-term goals (how your work will scale or influence your field, industry, or national priorities over time).
  

This shows that your work is future-focused and not just about what you’re already doing today.

Connect your internal or technical work to bigger national trends or needs. For example, if you optimize a process inside your company, explain how that process improves U.S. competitiveness, lowers costs for consumers, strengthens supply chains, or supports national initiatives (like clean energy or healthcare). USCIS wants to see how your contributions can extend beyond your employer and influence a field or system. Remember, you also need to be able to prove these things through reference letters and objective evidence.

That can be very strong. If your methods, models, or frameworks are adopted by others in your industry, cited in publications, or applied to solve problems more broadly, it shows that your work has scalable impact. USCIS values contributions that improve practices across a field, not just inside one company.

No. Your endeavor can build directly on your current role, but you need to frame it as a forward-looking plan with wider impact. Saying “I will keep doing my current job” is not enough. Instead, describe how your ongoing expertise will drive advances in your field, support U.S. priorities, or influence practices beyond your employer.

No, reference letters are not strictly required. However, they are a very strong form of supporting evidence and help USCIS understand your impact from multiple perspectives. Most NIW petitions include 3–4 well-chosen letters that balance work-based, academic, and independent viewpoints.

Work-based letters (from a manager or supervisor) should discuss at least one specific project where your role and contributions are clear. The letter should explain both how you helped the company and how your work had value beyond the employer. For example, industry adoption, technological advancement, or societal benefit.

The best academic letters come from professors or researchers you worked with on a project, research, or publication. They should describe your role, highlight specific results, and explain how your work impacted the field. Academic recommenders may also note other ways you stood out, awards, unique skills, or academic achievements that distinguish you from peers.

An independent letter comes from someone who has not supervised, taught, or employed you. Ideally, it is from a senior professional with a recognized title in your field. Independent letters are powerful because they confirm your reputation and national impact outside of your direct workplace or school.

An independent recommender should provide a broad, credible view of your professional standing and explain why your work matters on a national scale. Because this person has not supervised or taught you, their letter carries weight as an objective endorsement. The letter should begin by briefly describing the recommender’s own credentials and experience to establish authority. From there, it should outline your overall qualifications and explain the key challenges facing your field, showing that the recommender understands both the landscape and your place within it.

The strongest letters explain how your work addresses those challenges and why it is significant for the United States, not just your employer. They often highlight your prospective national impact. For example, how your skills or innovations could improve an industry, strengthen U.S. competitiveness, or advance public welfare. Independent recommenders may also point to evidence that is visible beyond your workplace, such as publications, patents, or speaking engagements, to demonstrate that your contributions are already recognized publicly. Finally, the recommender should make clear why you stand out among others in your field, emphasizing what makes your expertise unique and why your continued work in the U.S. is valuable.

We usually recommend 3–4 strong letters. More letters are not necessarily better; USCIS values quality and detail over quantity. Some cases are successful with fewer letters as well. Each letter should contribute a unique perspective on your work.

Ideally, yes. A letter on official company or institutional letterhead with contact information looks most professional and credible. If a recommender cannot sign on letterhead (for example, due to company policies), they may write in a personal capacity, this is acceptable but generally less impactful.

Typically, no. USCIS gives little weight to classroom-only references. Academic letters should come from professors or researchers who worked with you directly on research, publications, or projects and can speak to your specific contributions and potential for future impact.

Both. USCIS officers want to see that you have a proven record of achievement and are well positioned to advance your field in the future. Strong letters connect the two: “Based on what this person has already done, here is why they will continue to make nationally important contributions in the U.S.”

Not necessarily. Letters can come from both U.S. and international experts. But having at least some U.S.-based recommenders strengthens your case, because it shows your work is recognized and valued within the U.S. system.

The NIW allows you to self-petition for a green card without an employer sponsor. If your H-1B six-year limit is approaching, filing an NIW ensures you have a pathway to permanent residency that is independent of your employer. While it does not extend your H-1B directly, it can provide peace of mind and flexibility by securing a priority date and keeping your green card process moving forward even if your H-1B expires.

The strongest evidence isn’t just job descriptions; it’s proof of results. USCIS gives more weight to documentation that shows the impact of your work. This can include metrics (like growth data, efficiency gains, or patents), press releases announcing successful projects, or media coverage highlighting company achievements. Since many of these documents don’t name individual contributors, you should tie yourself to those outcomes through a reference letter from a manager or colleague that explains your role in achieving them.

If internal company records are unavailable, focus on public-facing proof of results, such as archived press releases, product announcements, or independent media articles about projects you worked on. Then connect yourself to those outcomes with a supporting reference letter from someone who can credibly confirm your role. This combination, public proof of impact plus testimony tying you to it, is often the most effective way to document past roles.

Programs, flyers, invitations, screenshots of conference agendas, or official letters confirming your participation all help. If the event had selective criteria (peer-reviewed abstract, invitation-only, keynote, etc.), include documentation proving that the speaking role required recognition or expertise. Photos, recordings, or media coverage can further establish your visibility.

Provide copies of the publication itself, along with evidence of its reach or influence. This may include citation records (Google Scholar, ResearchGate), impact factor data for the journal, or evidence that the work was referenced by others in your field. If the publication appeared in a respected venue, documentation of the journal’s standing or selectivity can show prestige.

Peer review invitations, confirmation emails from journals or conferences, reviewer certificates, and screenshots of online reviewer dashboards are good evidence. If possible, include proof that the journal or conference is reputable and selective, showing that only trusted experts are asked to review.

Gather evidence about the selection criteria. For example, conference acceptance rates, eligibility requirements for awards, membership criteria for societies, or nomination-only documentation. Screenshots from official websites, bylaws, or announcements that highlight competitiveness can demonstrate that your achievement was not routine but required exceptional merit.

Provide membership certificates, welcome letters, or receipts. More importantly, show the qualifications required to join. If it is an organization where membership is restricted to recognized professionals, document those requirements (e.g., bylaws, website eligibility criteria). USCIS places little weight on memberships that anyone can purchase, so proving selectivity is key.

Yes. Articles, press releases, or interviews in reputable outlets can demonstrate that your work has visibility beyond your employer. It’s especially helpful if the media mentions your name, your role in a project, or the broader impact of the work.

If you cannot share documents due to NDAs or company policy, you can use redacted versions or provide letters from supervisors confirming the content. You can also rely on publicly available descriptions of the project (such as patents or press releases) and then connect your role through a supporting letter. USCIS does not expect applicants to violate confidentiality agreements, but you still need to provide sufficient objective proof.

Both are acceptable. U.S.-based documents can strengthen your case by showing your work already has impact in the United States. However, international documents are equally valuable if they establish your professional achievements, recognition, and influence in your field.

“Substantial merit” means that your proposed work has value in areas like business, science, technology, health, culture, or education. Importantly, merit can be shown even without immediate economic impact. For example, research, pure science, or knowledge advancement can qualify.

“National importance” means that your work goes beyond your company or local region and has broader implications for the U.S. It can be nationally important if it strengthens an industry, improves public health, supports innovation, or contributes to U.S. competitiveness, even if you are based in one location.

USCIS wants to see that your contributions extend to the field, industry, or U.S. society at large. For example, if you develop a new process at your company, explain how it can be adopted by other companies, influence industry standards, or benefit the public. Pair public-facing documents (like press releases, patents, publications) with a reference letter tying you to those outcomes.

National importance can be demonstrated by showing how your work creates benefits such as:

• Economic (growth, cost savings, competitiveness)

• Safety (infrastructure, national defense, cybersecurity)

• Health (medical research, therapies, clinical practices)

• Cultural/Educational (advancing knowledge, training workforce)

• Innovation/Technology (new systems, patents, industry standards)

• Global leadership (keeping the U.S. at the forefront internationally).

Connect your work to official agendas or policy priorities. For example:

• Clean Energy / Climate: Net-zero emission goals.

• Technology / Security: AI, semiconductors, quantum computing, 5G, cybersecurity.

• Healthcare: Tackling pandemics, advancing biotech.

• Infrastructure / Workforce: Resilient supply chains, job creation, advanced manufacturing.
  

Citing government strategies, White House technology priorities, or National Science and Technology Council lists strengthens your case.

Evidence may include publications, patents, adoption of your methods by others, citations, industry conference invitations, or recognition by independent experts. Independent reference letters are especially powerful in demonstrating that your work influences the field beyond your employer.

Strong evidence includes:

• U.S. government funding or policy documents citing your area.

• Press coverage or reports showing the importance of your field.

• Letters from experts explaining how your work addresses national challenges.

• Proof that your contributions create economic or societal impact, not just corporate benefit.

Not necessarily, but it helps. If your work supports U.S. leadership in a globally competitive field, like AI, clean energy, or biotech, that strongly supports national importance. Even if you’re focused regionally, you can argue national importance if your project’s methods or outcomes scale to national challenges.

The key is to link your specific projects to national-level goals. For example, if you worked on a healthcare analytics tool, frame it as supporting U.S. healthcare cost reduction or pandemic readiness. If you’re in semiconductor packaging, emphasize how it strengthens U.S. supply chain security and tech leadership. Each client’s evidence, like press releases, patents, conference talks, or project results, can be tied to why this matters to the U.S. as a whole.

Being “well positioned” means that your background, skills, and achievements clearly show you are capable of carrying out your proposed endeavor. USCIS doesn’t require proof that you will succeed, but they want to see you have the education, experience, track record, and recognition to make your plan credible.

Your academic background, technical training, and years of work experience form the foundation of this argument. We highlight degrees, certifications, and specialized training, then connect them directly to your proposed endeavor to show that you have the knowledge base to advance it.

Every significant achievement from your past, whether it’s a project, publication, patent, or speaking role, is tied to your future goals. By showing how you solved problems or innovated in the past, we demonstrate you are equipped to advance your endeavor in the U.S.

The best evidence includes reference letters, publications, patents, media coverage, awards, and records of measurable outcomes from your projects. These materials prove your skills aren’t theoretical, they’ve already been tested and recognized.

We focus on your unique combination of skills, experiences, and results. Even if others work in your field, your petition must explain why you in particular are equipped to make progress, whether that’s specialized expertise, a history of innovation, or leadership that others don’t have.

We present your background in a common-sense, logical flow: starting with your education, then your work experience, then your major contributions. Each part is explained in plain language, supported by exhibits, so the officer can follow your story step by step without confusion.

Reference letters are used to pinpoint and validate your accomplishments. Each claim in your petition is backed by a letter or exhibit. For example, if a press release shows a project outcome, a manager’s letter confirms your role. This triangulation makes your record hard to dispute.

Contributions outside of work, like peer review, speaking engagements, professional memberships, or mentoring, are highlighted to show your independent recognition and influence. We provide context about the prestige or selectivity of these activities so the officer understands why they matter.

The balancing test asks whether, on balance, it benefits the United States more to waive the job offer and labor certification requirements than to enforce them. In other words, USCIS weighs the protection of the U.S. labor market against the national interest in allowing you to advance your proposed endeavor without going through the employer-driven process.

Many NIW petitioners work in areas that are entrepreneurial, highly specialized, or cross-disciplinary, fields where a labor certification cannot accurately capture the unique skills required. If your endeavor involves cutting-edge research, innovation, or self-employment, it is often not feasible to have an employer define and test the labor market for your role.

Prong 3 focuses on why your contributions cannot simply be replaced by another worker with “minimum qualifications.” We highlight the specific expertise, achievements, or innovations that make you stand out, the qualities that cannot be adequately described in a standard job posting or labor certification.

If you can show that your work has already benefitted the United States, through measurable outcomes, recognition, or adoption by others, that tips the scale in your favor. It proves that giving you the freedom to continue your endeavor serves U.S. interests now and in the future.

The balancing test allows you to argue timing and urgency. For example, if your work supports critical technology, national security, healthcare innovation, or climate goals, delaying your contributions could mean the U.S. loses ground to competitors or fails to address pressing challenges.

Unlike the PERM process, which assumes a one-for-one substitution in the job market, NIW cases emphasize that your work creates added value. We explain how your contributions either complement U.S. workers, create new opportunities, or advance fields in ways that benefit the workforce rather than displace it.

Often, RFEs contain template language that questions whether the waiver of a labor certification is justified. This is why it’s critical to go beyond boilerplate in your petition and present a thoughtful, evidence-based argument that tips the scales in your favor.

Evidence may include:

• Documentation of past U.S. impact (press releases, adoption of your work, measurable results).

• Letters from independent experts explaining why your contributions cannot be replicated by others.

• Proof that your work addresses urgent U.S. priorities.

• Evidence showing your field requires unique expertise that the labor certification process cannot capture.

Because it’s the final weighing point. Even if you have merit (Prong 1) and strong credentials (Prong 2), USCIS can still deny your case unless you show that, on balance, the U.S. is better off letting you bypass the traditional system. It’s where we pull all the threads together, your uniqueness, your past impact, and your future contributions, to show why the waiver makes sense.

We craft this section as a common-sense argument for why it benefits America to let you move forward. We show that:

• The labor certification process cannot capture your unique role.

• You have already proven you can deliver benefits to the U.S.

• Your future work is urgent and nationally significant.

• U.S. workers are not harmed, they are helped.

When presented clearly and persuasively, this tips the balance toward approval.

Because NIW is not just one of the things we do, it is a major focus of our practice. We study trends, Requests for Evidence (RFEs), and the constantly shifting climate around this visa type every single day. That depth of focus means we’re always adapting strategies to what officers are actually looking for right now.

Absolutely not. We have no mold and no template. Every application is custom-built. Even two people in the same exact field will end up with very different petitions, because your NIW should reflect your unique story, goals, and contributions.

Our philosophy is to craft your petition as a clear, common-sense narrative that any officer can easily understand. We explain your work, your plan for the future, and how you meet the requirements in a way that is logical, compelling, and backed by evidence.

It’s much more than that. We consider NIW case building to be an art form. It’s about weaving together your accomplishments, your future plans, and the legal criteria into a story that makes your impact obvious, not just to an expert in your field, but to an immigration officer who may know little about your industry.

We only represent individuals, not companies. Corporate lawyers are paid to protect the company’s interests, which don’t always align with yours. Our mission is to put you, the applicant, first, building a case that serves your career and immigration goals, not your employer’s.