EB-2 National Interest Waiver (NIW): a strategy-first approach
The NIW lets a qualified professional petition for a green card without an employer sponsor and without labor certification, if their proposed work is in the national interest. For engineers and researchers, the hard part is usually not credentials. It is showing a specific proposed endeavor and the evidence behind it.
California attorney with a software-engineering and data background, including experience at major technology companies.
Take the free NIW self-screenAnonymous; about 5 minutes
Gabriel Guillen-Gonzalez is an active licensee of the State Bar of California, licensed to practice law in California.
What the NIW is
- It is a waiver within the EB-2 immigrant category: for professionals with an advanced degree (or a bachelor's degree plus five years of progressive experience), or with exceptional ability.
- You can file for yourself. No employer has to sponsor you or run the labor-certification process.
- Approval of the petition (Form I-140) is not the green card itself. The green card follows through adjustment of status in the U.S. or an immigrant visa abroad, when your priority date is current for your country of birth.
The three-part test, in plain English
USCIS applies a three-part test (Matter of Dhanasar, 2016):
- Merit and national importance. Your proposed endeavor has substantial merit and matters beyond one employer or one client.
- Well positioned. Your education, skills, record and plan show you are positioned to advance it.
- Balance. On balance, it benefits the United States to waive the job-offer and labor-certification requirements.
Publications, citations or patents can help, but they are not required. Many engineers support an NIW with other evidence: adoption of their work, standards or security contributions, leadership of important systems, or independent expert letters.
What changed in 2025–2026
- Approval rates fell. USCIS's own aggregate data show the NIW approval share fell from about 96% of decided cases in FY2022 to about 55% in FY2025. See the data and its limits →
- Stricter reading. A January 2025 USCIS policy update tightened how officers review the EB-2 threshold, business plans and expert letters.
- Denials without a second chance. Since August 5, 2026, officers again have discretion to deny without first issuing a Request for Evidence. The first filing has to be complete.
How the firm works
- Free anonymous self-screen. Educational questions that flag issues to look at. It does not decide whether you qualify.
- Request an attorney review. If you request attorney review, we first collect basic contact and conflict-check information. If supporting documents are needed, the firm will request them securely after the conflict check. The attorney reviews it in writing, with no call.
- NIW Strategy Assessment ($950). If it appears to be a reasonable next step, you are invited to a paid, written assessment of your profile, followed by a 45-minute meeting. What it includes →
- Representation proposal, if appropriate.
Fees
NIW representation. Standard NIW representation is typically a $9,500 flat attorney fee after assessment. Matters requiring materially expanded technical, entrepreneurial, evidentiary or interdisciplinary work are quoted separately after the Strategy Assessment. Government filing fees and later green-card, consular or adjustment work are separate.
What the firm will not do
No numerical score. No approval prediction. No guarantee. USCIS decides every petition on its own record.
- No approval-rate claims about the firm, and no "approval or refund" offers.
- No filing before the evidence supports it.
Gabriel Guillen-Gonzalez is an active licensee of the State Bar of California, licensed to practice law in California.