EB-2 National Interest
Waiver Checklist

What Is an EB-2 National Interest Waiver?

A National Interest Waiver (NIW) petition falls into the employment-based, second preference immigrant category (EB-2). Normally, to file an EB-2 petition, a U.S. job offer and labor certification (PERM) approval is required. However, a National Interest Waiver petition asks that these requirements be waived because granting permanent residency to the petitioner is in the "national interest" of the United States.

Step 1: Qualify for the EB-2 Category

You must fit into one of the following EB-2 categories:

• Advanced Degree Professional — You hold a U.S. advanced degree (master's or higher) or a foreign equivalent degree; OR you hold a U.S. baccalaureate degree (or foreign equivalent) plus at least five years of progressive post-baccalaureate experience in the specialty.
• Alien of Exceptional Ability — You demonstrate exceptional ability in the sciences, arts, or business by meeting at least three of the regulatory criteria (detailed in Chapter 3).

Step 2: Satisfy the Three-Prong NIW Test

You must demonstrate, with supporting documentation and evidence, that you satisfy all three of the following elements:

Personal and Immigration Status Documents

• Most recent Arrival/Departure card (I-94), copies of all DS-2019s, Form I-20s (for F-1 or M-1 students), and EAD cards
• Complete copy of passport, including the biographical page and any previous visas
• A copy of your last USCIS I-797 approval notice (if applicable)
• Copy of marriage certificate, if your spouse will be applying for Permanent Resident Status with you
• Copies of birth certificates for you and your family members, if family members will be applying for Permanent Resident Status with you
• Copies of all educational credentials (diplomas, transcripts, certifications of training, etc.)
• Copies of all relevant practice licenses

Advanced Degree Professional

If you are qualifying as an advanced degree professional, you must provide one of the following:

• An official academic record showing that you have a U.S. advanced degree (or a foreign equivalent degree)
• OR an official academic record showing that you have a U.S. baccalaureate degree (or a foreign equivalent degree), plus letters from current or former employer(s) demonstrating at least five years of progressive post-baccalaureate experience in the specialty

Examples of acceptable academic records include an official transcript showing the dates of attendance, courses completed, areas of study, and date of degree award.

Exceptional Ability (Alternative to Advanced Degree)

If you do not have an advanced degree, you may qualify by demonstrating exceptional ability in the sciences, arts, or business. You must meet at least three of the following criteria:

• Official academic record showing a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
• Letters documenting at least 10 years of full-time experience in your occupation
• A license to practice your profession or certification for your profession or occupation
• Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
• Membership in a professional association(s)
• Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
• Other comparable evidence of eligibility is also acceptable

How You Will Work in Your Field

Provide as many of the following documents as applicable to show how you will be employed or engaged in your proposed endeavor:

• Employment contract
• Letter of employment
• Offer of employment
• Copies of your last three pay stubs from your employer
• If you are or will be self-employed, evidence of current and/or potential clients or customers
• Letters from potential employer(s)
• Brochures or other promotional materials about your company or employer's company, its products or services
• Prospectus or annual report
• Business plan
• Newspaper or magazine articles about the company or its products or services

Your Personal Statement

Prepare a letter describing your work and its national importance. Write this in lay terms and explain complicated terms and concepts so that the endeavor can be understood by the immigration officer reviewing your case. Be sure to describe your plan to continue this research or work into the future.

Documentary Evidence of National Importance

Provide documentary evidence that supports your statements and establishes the endeavor's national importance. Include evidence showing any of the following, as applicable:

• Your work has national or even global implications within a particular field
• Your work has significant potential to employ U.S. workers or has other substantial positive economic effects, particularly in an economically depressed area
• Your work will broadly enhance societal welfare or cultural or artistic enrichment
• Your work impacts a matter that a government entity has described as having national importance or is the subject of national initiatives

Published Material About You and Your Work

Gather evidence of published material about you and your work in professional journals, trade publications, or major media. This can include articles, photos, or television productions featuring you and/or your work.

• Include all forms of published material, including electronic media. To the extent possible, include the title, date, author, and website (if electronic media)
• Provide information about the publication and its significance, including circulation, frequency of publication, and awards received by the publication

Expert Letters of Support

Obtain approximately 6–10 letters of support from experts in the field attesting to your work and its importance. Include profiles or resumes of each letter writer. Letters should come from a mix of colleagues as well as outside experts who know you by your work and reputation alone.

Core Qualifications

• Copies of all educational credentials (degrees, certificates, or licenses in the field)
• Detailed resume or curriculum vitae
• Personal statement describing your qualifications and plans
• Letters of support from experts in the field

Professional Achievements & Impact

• Copies of contracts, agreements, or licenses showing the scope and impact of your work
• Patents, trademarks, copyrights, or licenses awarded to you — include documents showing how they are being used and why they are significant to the field, as well as evidence of any pending patents
• Published articles and/or media reports about your achievements or your work
• Documentation showing that any of your publications is required reading in university courses
• Evidence that you have been contacted to render expert opinions (e.g., via email, ResearchGate, etc.)
• Documents showing how your work is being implemented by others, including contracts with companies using your products and documents showing licensed technology you invented or co-invented

Awards & Prizes

Provide evidence of receipt of national or international prizes or awards for excellence in the field of endeavor, proven by actual award certificates, articles about the awards, or references to the award in letters of recommendation. Include the following as applicable:

• Criteria used to grant the award, as well as evidence of the significance of the award
• The reputation of the organization granting the award
• Previous winners of the award who held international acclaim at the time of receiving the award

Scholarly Publications & Citations

Provide evidence of authorship of scholarly articles in the field, published in professional journals or major media. Include copies of the actual articles or abstracts, along with:

• Information about the publication and its significance, including impact factor, circulation, and frequency of publication
• The number of citations to your written work and the number of times the article has been accessed (if available)
• Books, papers, reports, and other publications citing your work

Conferences & Leadership Roles

• Evidence of presentations at professional conferences in the field, including conference itineraries and programs
• Evidence demonstrating you have had a leading, critical, or indispensable role in the endeavor or similar endeavors — include copies of grants or other funding you received listing the amount and terms, as well as the principal and co-investigators
• Memberships, especially leadership roles, on committees and task forces that further your work in the field

Professional Memberships

Provide evidence of membership in associations in the field that require outstanding achievements of their members. Include information about membership requirements, certificates and letters proving membership, and the following as applicable:

• Minimum requirements and criteria used to accept a person for membership
• Number of members and your ranking among the members (if applicable)
• The status of the association within the national or international community in the field
• Evidence of recognized national or international experts who make determinations about membership

Judging & Peer Review

Provide evidence of participation, either individually or as part of a group, as a judge of others in the same or a similar field. This can be proven by correspondence requesting your work in a peer review capacity or reference letters that substantiate the claim. Include:

• Information identifying the criteria used to select judges
• An explanation describing how and why you received an invitation to be a judge or peer reviewer

Future Plans & Progress

Demonstrate your model or plan for future activities and your progress toward achieving the proposed endeavor:

• A plan describing how you intend to continue your work in the United States
• A detailed business model
• Correspondence from prospective or potential employers, clients, or customers
• Documentation reflecting feasible plans for financial support
• Evidence of grants received
• Copies of contracts, agreements, or licenses resulting from the proposed endeavor
• Evidence of achievements that you intend to build upon or further develop

Interest from Stakeholders

Show interest from potential customers, investors, or other relevant individuals and entities:

• Letters from a government entity demonstrating its interest in the proposed endeavor
• Evidence that you have received investment from U.S. investors, such as venture capital firms, angel investors, or start-up accelerators, in amounts appropriate to the endeavor
• Evidence that you have received awards, grants, or other indications of relevant non-monetary support (e.g., using facilities free of charge) from federal, state, or local government entities with authority over the field of endeavor
• Evidence demonstrating how your work is being used by others

Evidence for the Balancing Test

Provide evidence to demonstrate why it would be impractical for you to secure a traditional job offer and go through the PERM labor certification process, and why granting the waiver serves the national interest.

• Evidence showing why it would be impractical for you to secure a job offer or go through the PERM process
• Any other evidence that your work is special and of national merit

Entrepreneur-Specific Evidence

If you are an entrepreneur or startup founder, gather the following additional documentation to strengthen your NIW petition:

• Evidence of ownership and playing an active and central role in the U.S.-based entity, showing you are well-positioned to advance the endeavor
• Degrees, certifications, licenses, letters of experience, and other credentials that equip you to advance the startup
• Investments, or other evidence showing a future intent to invest in the startup, by outside investor(s)
• Incubator or accelerator participation that demonstrates experts believe the startup is likely to grow
• Awards or grants from government entities showing your work has substantial merit, national importance, or both
• Intellectual property such as patents held by the startup that can help show a prior record of success and potential progress toward achieving the endeavor
• Published materials about you, your U.S.-based entity, or both
• Revenue generation, growth in revenue, and job creation documentation showing the startup has national importance
• Letters and other statements from third parties such as relevant government entities, outside investors, or established business associations with knowledge of the products or services developed by the entrepreneur