by Natalie McQuilkin Are you a foreign citizen with an advanced degree or a bachelor's degree and postgraduate experience? Or have you been the mastermind behind major projects in your field? Would your work in the United States serve the national interest of the country? If you answered yes to any of these questions, chances are you are a likely candidate for the EB-2 National Interest Waiver. In this post, we will discover the many requirements and benefits of the EB-2 National Interest Waiver so that you can determine if this option is a good fit for you on your journey to becoming a lawful permanent resident of the United States.

What is the EB-2 National Interest Waiver?

You may qualify for the EB-2 National Interest Waiver if you fall into one of the following categories:

• You have an advanced degree,
• She has a bachelor's degree with at least five years of postgraduate experience, or
• She has demonstrated exceptional skill in her field.

In addition to these requirements, you must be able to establish that your work in the United States would benefit the country. In 2016, Matter of Dhanasar set the “precedent” for EB-2 National Interest Waiver qualifications. Dhanasar states that, in addition to belonging to one of the aforementioned categories, you must also have a “proposed endeavor,” or what you plan to achieve through your work in the United States. You must be able to support that your endeavor will have a positive impact on the country.[1] You must be able to prove the following three:

1. Your endeavor proposal has “substantial merit” and “national importance.”.
2. You are “well positioned” to take on the effort.
3. “At the end of the day,” it would be in the interest of the United States to waive the job offer and labor certification requirements for the applicant. [2]

In our blog post about EB-2 National Interest Waiver basics, we highlight what each component means and how it can provide evidence to support the elements.

The ability to self-petition

The final aspect of the National Interest Waiver requirement stands out as one of its main benefits. By eliminating the need for a permanent full-time job offer and labor certification, you can skip several steps in the application process. Self-petitioning can be a less stressful option than having to depend on an employer to sponsor you, mainly because you do not have to look for a permanent, full-time job. Finding a job is harder if you live outside the United States, especially if you do not have an employment authorization card. Some companies may not want to undertake the petition process for a foreign citizen because it is time-consuming and expensive. Self-petitioning removes all these obstacles and allows you to create your own path to live and work in the United States.

Faster processing times

The self-petition does not have to wait for your employer to obtain a labor certification. In our blog post about PERM labor certification, we focus on the many steps necessary to obtain this certification. Getting a PERM will take at least a year and a half. There is also the possibility that the PERM could be audited or denied, which adds even more time until you can receive a green card. As of October 2023, U.S. Citizenship and Immigration Services (USCIS) reported that National Interest Waivers take approximately 3 months to process at the Nebraska Service Center and 6 months at the Texas Service Center.[3] These are very short wait times, especially in the world of business immigration. However, if you wish to expedite the process, you can also file Form I-907, which allows you to receive premium processing for the Form I-140 (Immigrant Petition for Alien Worker) that you will file with your EB-2 National Interest Waiver.[4] Premium processing guarantees your I-140 will be processed within 15 calendar days.[5] This went into effect in January 2023 as a means to “[expand] premium processing to additional form types as part of [USCIS's] efforts to increase efficiency and reduce the burdens of the overall legal immigration system.”. [6] Although this form has a fee of $2,500, the reduction in waiting time may outweigh the cost.

Applicable to most professional fields

One of the main advantages of the EB-2 National Interest Waiver is its adaptability for diverse occupations and endeavors. Your proposed endeavor must be important to the United States, but, as explained in Dhanasar, This list is exhaustive. It could refer to the improvement of the medical field, the strengthening of manufacturing, or the improvement of the economy of a given geographic region.¹  An example is a business owner interested in implementing a small supermarket chain in rural communities. Not only would the business owner benefit from this plan, but the business proposal would eliminate harmful food deserts and provide new job opportunities. As a result, it could boost community health and the local economy. Another example is an experienced English as a Second Language (ESL) teacher with plans to establish an ESL curriculum for students in communities that do not offer this type of program. The important point to remember here is that there is no single occupation or field of study that falls under the EB-2 National Interest Waiver. As long as you can provide the required evidence, you are eligible. This flexibility provides more opportunities for those in underrepresented professional fields, such as the humanities.

[1] Matter of Dhanasar, Petitioner, United States Department of Homeland Security, United States Citizenship and Immigration Services, and Administrative Appeals Office, December 27  Matter of Dhanasa, 26 I&N Dec. 884 (AAO 2016) (justice.gov). [2]Employment-Based Immigration: Second Preference EB-2, U.S. Citizenship and Immigration Services, April 20, 2022,  Employment-Based Immigration: Second Preference EB-2 USCIS, (accessed October 23, 2023). [3] Check the case processing times, U.S. Citizenship and Immigration Services, Processing times (uscis.gov), (last accessed: October 19, 2023) [4] I-907: Request for Premium Processing Service, Service of  U.S. Citizenship and Immigration Services, October 10, 2023, Request for Premium Processing Service | USCIS, (last accessed October 19, 2023). [5] How do I request priority processing? U.S. Citizenship and Immigration Services, September 27, 2023, How do I request premium processing? | USCIS, (last accessed October 19, 2023). [6] USCIS announces the final phase of premium processing expansion for Form I-140 EB-1 and EB-2 petitions and future expansion for F-1 students seeking OPT and certain students and exchange visitors, U.S. Citizenship and Immigration Services, January 12, 2023, USCIS announces the final phase of premium processing expansion for Form I-140 EB-1 and EB-2 petitions and future expansion for F-1 students seeking OPT and certain students and visitors exchange | USCIS, (last visited October 18, 2023).