Free EB-2 National Interest Waiver Case Evaluation

How to Complete the NIW Evaluation Form

Watch this short video before completing the questionnaire. It explains the information our team needs to understand your qualifications, proposed endeavor, evidence of progress, and plans for continuing your work in the United States.

What Is an EB-2 National Interest Waiver?

The National Interest Waiver is part of the employment-based second-preference immigrant category. Unlike many employment-based green card cases, an NIW petition may be filed without a permanent job offer and without first completing the PERM labor-certification process.

An NIW applicant may also self-petition by filing Form I-140 on their own behalf. However, the waiver is discretionary, and possessing an advanced degree or working in an important field does not by itself establish eligibility.

The petition must explain the specific work the applicant intends to pursue in the United States, why that work is important, why the applicant is capable of advancing it, and why the United States would benefit from allowing the applicant to proceed without the usual job-offer and labor-certification requirements.

Free Preliminary NIW Evaluation

American Visa Law Group offers free preliminary evaluations for professionals, entrepreneurs, researchers, healthcare workers, educators, engineers, technology specialists, consultants, and others who may qualify for an EB-2 National Interest Waiver.

To qualify for an NIW, a person must first establish eligibility for the underlying EB-2 classification as either an advanced-degree professional or a person of exceptional ability. The applicant must then demonstrate that the proposed endeavor has substantial merit and national importance, that the applicant is well positioned to advance the endeavor, and that, on balance, it would benefit the United States to waive the usual job-offer and labor-certification requirements.

This free evaluation is a preliminary screening only. It does not guarantee eligibility, case acceptance, or approval by USCIS.

Information That Can Help Us Evaluate Your NIW Case

Please provide information about the following:

• Your degrees, certifications, and specialized training
• Your present occupation and professional experience
• The specific endeavor you plan to pursue in the United States
• The problem or need your endeavor will address
• The expected regional, industry-wide, economic, scientific, educational, cultural, or public benefit
• Work you have already completed in the same or a related area
• Publications, citations, patents, products, or original contributions
• Awards, media coverage, professional recognition, or speaking engagements
• Leadership or critical roles
• Clients, contracts, funding, grants, investments, or revenue
• Letters of interest or support from U.S. organizations
• A business, research, implementation, or project plan
• Evidence that others have used, adopted, funded, or relied upon your work
• Your plans for continuing and expanding the endeavor in the United States

Specific facts and objective documentation are more useful than general claims about the importance of your profession.

What Happens After You Submit the Form?

Our team will review the information provided. Depending on the strength and completeness of the submission, we may:

• request additional information or documents;
• invite you to schedule a consultation;
• explain that the proposed endeavor needs to be defined more clearly;
• identify evidence that may strengthen a future filing;
• explain that the case does not presently appear ready; or
• suggest another immigration category that may be more appropriate.

Submission of the evaluation form does not create an attorney-client relationship. An attorney-client relationship begins only after the firm agrees to accept the matter and both parties enter into a written engagement agreement.

Documents to Prepare for an NIW Consultation

If you are invited to schedule a consultation, prepare any available documents relevant to your qualifications and endeavor, including:

• Current résumé or curriculum vitae
• Degrees, transcripts, and professional certifications
• Detailed description of your proposed U.S. endeavor
• Business plan, research plan, project plan, or implementation plan
• Publications and citation records
• Patents, technical reports, products, or evidence of innovation
• Awards and professional recognition
• Media coverage
• Evidence of leadership or critical roles
• Employment records and recommendation letters
• Contracts, client communications, or letters of interest
• Funding, grants, investment, or revenue evidence
• Evidence showing adoption, use, or impact of your work
• Documents identifying the U.S. organizations or communities expected to benefit

Not every applicant will have every type of evidence. The appropriate documentation depends on the nature of the proposed endeavor.

Factors That May Strengthen an NIW Case

Factors that may strengthen an NIW case include:

• A specific and credible proposed endeavor
• Evidence that the endeavor may have impact beyond one employer
• A strong record of related professional achievement
• Objective documentation from independent sources
• Measurable progress toward implementing the endeavor
• U.S. client, employer, institutional, investor, or government interest
• Publications, patents, products, grants, contracts, or funded projects
• Evidence that others have adopted or relied upon the applicant’s work
• A realistic plan explaining how the endeavor will be advanced
• A clear connection between the applicant’s background and the proposed work

No single factor guarantees approval.

Factors That May Weaken an NIW Case

Factors that may weaken a case include:

• A proposed endeavor stated only as a job title or broad occupation
• A plan limited to seeking ordinary employment in the United States
• General claims about the importance of an industry without explaining the applicant’s specific work
• Little evidence of progress, support, interest, or implementation
• A proposed endeavor unrelated to the applicant’s background
• Recommendation letters containing praise but few verifiable facts
• Claims of national importance based only on benefits to one employer
• An undeveloped consulting or business proposal without clients, funding, partnerships, or a practical plan
• Reliance solely on possessing an advanced degree
• Assertions unsupported by objective documentation

A case may become stronger after the applicant develops a clearer endeavor, obtains evidence of U.S. interest, or makes measurable progress.

Who May Benefit From an NIW Evaluation?

An NIW evaluation may be appropriate for individuals working in areas such as:

• Science and medical research
• Healthcare and public health
• Artificial intelligence and data science
• Cybersecurity and critical infrastructure
• Engineering and advanced manufacturing
• Energy and environmental protection
• Education and workforce development
• Entrepreneurship and economic development
• Agriculture and food security
• Transportation and supply-chain systems
• Finance and risk management
• Arts, culture, and creative industries
• Public policy and community development

Working in one of these areas does not automatically establish eligibility. USCIS examines the applicant’s particular proposed endeavor, qualifications, evidence, and expected impact.

NIW Evaluation Process

1. Complete the online questionnaire.
2. Describe your proposed U.S. endeavor in specific terms.
3. Identify your qualifications, achievements, and existing progress.
4. Our team reviews the information provided.
5. We assess potential eligibility for the underlying EB-2 classification.
6. We consider the three National Interest Waiver requirements.
7. Qualified prospects may be invited to schedule a consultation.
8. If the firm accepts the case and is retained, the legal team develops the petition strategy and supporting evidence.

NIW Official Government Resources

Visa Bulletin EB2 NIW – U.S. Department of State Visa Bulletin – The U.S. Department of State Visa Bulletin provides monthly updates on visa availability for EB-2 NIW applicants, including priority date cutoffs. Checking the bulletin helps determine when an applicant can file for adjustment of status or consular processing based on their country of chargeability.

USCIS Policy Manual (Employment-Based Immigration: Second Preference EB-2) – USCIS Policy Manual – The USCIS Policy Manual outlines the eligibility criteria, filing requirements, and adjudication standards for EB-2 NIW petitions. It provides guidance on demonstrating national importance, proving the applicant is well-positioned, and showing why waiving the labor certification benefits the U.S. immigration system.

Useful NIW Relevant Community & Forums

Reddit’s Immigration Forums – r/immigration on Reddit – Reddit’s r/immigration forum is a community-driven platform where applicants share experiences, legal insights, and case timelines related to EB-2 NIW petitions. Discussions include USCIS processing trends, RFEs, and strategies for building a strong case, making it a valuable resource for real-world perspectives and peer support.

Lawfully App – Lawfully Case Tracker – The Lawfully Case Tracker app provides real-time USCIS case status updates, processing time estimates, and approval trends for EB-2 NIW petitions. Using AI-driven analysis and user-submitted data, it helps applicants monitor their case progress and compare timelines with others in similar situations.

Relevant NIW Case Law & Procedural Guides

Matter of Dhanasar Precedent Case – Dhanasar Decision – The Matter of Dhanasar (2016) established the modern framework for EB-2 NIW petitions, replacing the restrictive NYSDOT standard. It introduced a three-pronged test, focusing on the endeavor’s national importance, the applicant’s qualifications, and the overall benefit of waiving the job offer and labor certification requirements.

AILA (American Immigration Lawyers Association) – AILA Website – The American Immigration Lawyers Association (AILA) provides expert legal analysis, practice guides, and case updates for EB-2 NIW petitions. AILA members access policy insights, adjudication trends, and attorney discussions, making it a valuable resource for navigating complex immigration processes and strengthening NIW applications.

Important Evaluation Notice

This evaluation is provided for preliminary screening purposes only. It is not legal advice and does not create an attorney-client relationship.

Submission of the form does not guarantee that American Visa Law Group will accept the case or that USCIS will approve any petition. Eligibility depends on the specific facts, evidence, legal standards, and circumstances of each matter.