EB-2 National Interest Waiver

Who qualifies

Advanced degree or exceptional ability, with work of substantial merit and national importance.

The step-by-step roadmap

1. 1

   Confirm EB-2 qualification

   Advanced degree or exceptional ability.

   Watch out: Foreign degrees need evaluation.

   Common rejection reason: Degree not equivalent.
2. 2

   Define your proposed endeavor

   Describe the specific work you will do in the U.S.

   Watch out: Be specific.

   Common rejection reason: Vague endeavor.
3. 3

   Address the 3 Dhanasar prongs

   Merit and national importance; well positioned; benefit of waiving labor certification.

   Watch out: Each prong needs evidence.

   Common rejection reason: Weak national importance.
4. 4

   Collect recommendation letters

   Independent expert letters work best.

   Watch out: Avoid template letters.

   Common rejection reason: Generic letters.
5. 5

   File I-140 with petition letter

   Optionally request premium processing.

   Watch out: Not applicable.

Documents you'll need

• Form I-140

  Immigrant Petition for Alien Workers.

• Petition letter

  Argument addressing the Dhanasar prongs.

• Degree and evaluation

  Diplomas, transcripts, credential evaluation.

• Recommendation letters

  Expert letters, ideally independent.

• Achievement evidence

  Publications, citations, patents, awards.

• Business or research plan

  Supports the proposed endeavor.