NIW for Researchers

The EB2 National Interest Waiver can allow qualifying researchers to pursue permanent residence without a traditional employer-sponsored PERM labor certification.

Researchers may self-petition for NIW classification when they first qualify for the underlying EB2 category and then satisfy the national interest waiver framework established by Matter of Dhanasar.

For the general classification, review EB2 National Interest Waiver.

Step One: Qualify for EB2

Before USCIS evaluates the waiver, the researcher must qualify for EB2 as either:

a member of the professions holding an advanced degree or equivalent; or
an individual of exceptional ability in the sciences, arts or business.

Many academic researchers qualify through an advanced degree, but the underlying EB2 eligibility should still be documented correctly.

The Three Dhanasar Prongs

USCIS may grant the national interest waiver when the petitioner establishes:

the proposed endeavor has substantial merit and national importance;
the researcher is well positioned to advance the proposed endeavor; and
on balance, it would benefit the United States to waive the normal job-offer and labor-certification requirements.

What Is the Proposed Endeavor?

The proposed endeavor should describe the specific work the researcher plans to undertake in the United States.

A statement such as “I intend to continue working in biotechnology” may be too broad.

A stronger description may identify:

the research problem;
the methods or technology involved;
the expected scientific or practical impact;
the beneficiary’s role;
future research direction; and
how the work may affect the field or broader U.S. interests.

Substantial Merit

Research in science, technology, health, education and other fields may have substantial merit.

Substantial merit is generally different from the more demanding question of national importance.

National Importance

The national-importance analysis focuses on the prospective impact of the specific proposed endeavor.

Showing that a broad field such as cancer research, artificial intelligence, renewable energy or cybersecurity is important does not automatically establish that the applicant’s specific endeavor has national importance.

Research With Broader Field Impact

A research endeavor may have national importance where the evidence shows potential national or global implications within a field.

Depending on the subject, useful evidence may address:

public health;
critical or emerging technologies;
national security;
energy;
environmental protection;
manufacturing;
medical advances;
economic competitiveness;
infrastructure; or
other broad U.S. interests.

Well Positioned to Advance the Endeavor

USCIS evaluates whether the researcher has the background and record needed to advance the proposed work.

Relevant evidence may include:

education and technical training;
research experience;
publications;
citations;
patents;
peer review;
research grants;
awards;
prior research success;
important collaborations;
institutional support; and
progress already made toward the proposed endeavor.

Publications

NIW does not impose a fixed publication requirement.

Publications can nevertheless demonstrate research expertise, prior success and the applicant’s capacity to continue advancing the proposed endeavor.

Citations

There is no fixed citation minimum for NIW.

Citations may help show that other researchers have relied on the applicant’s work and that the applicant has a record of producing influential research.

Peer Review

Journal and conference peer review can provide evidence that professional organizations trust the applicant’s expertise.

Peer review is supporting evidence rather than an independent NIW requirement.

Patents and Technology

Patents, licensing, commercialization and technological adoption can be important evidence for applied researchers.

The petition should explain what the evidence demonstrates about the applicant’s past achievements or proposed endeavor.

Research Grants

Competitive funding can show confidence in the applicant’s research program and may help demonstrate progress toward the proposed endeavor.

The significance depends on the grant, applicant’s role and selection process.

Recommendation Letters

Expert letters can help explain technical research, national importance and the applicant’s record of success.

The strongest letters are specific and supported by objective evidence.

The Third Dhanasar Prong

The third prong asks whether, on balance, it would benefit the United States to waive the normal job-offer and labor-certification requirements.

The analysis should address the actual circumstances of the proposed endeavor rather than simply state that the applicant is talented.

NIW Does Not Require a Permanent Job

A researcher can potentially qualify while working as a postdoc, research scientist, professor, industry researcher or in another professional setting.

The applicant must still credibly explain how the proposed endeavor will be advanced in the United States.

NIW Versus EB1B

EB1B requires employer sponsorship, a qualifying position, three years of teaching or research experience and international recognition as outstanding.

NIW permits self-petitioning and uses the Dhanasar framework instead.

Review EB1B vs NIW for researchers.

NIW Versus EB1A

EB1A requires extraordinary ability and sustained acclaim. NIW does not require extraordinary ability, but it has its own EB2 and Dhanasar requirements.

Common Researcher NIW Problems

describing only the importance of the field;
failing to define the proposed endeavor specifically;
using publications and citations without connecting them to being well positioned;
relying on generic recommendation letters;
failing to distinguish past achievements from future proposed work;
assuming a PhD automatically establishes national importance; and
failing to address the third Dhanasar prong.