The National Interest Waiver can allow a qualifying researcher to self petition without a permanent job offer or PERM labor certification. The case must first establish underlying EB2 eligibility and then show why the researcher’s specific proposed endeavor satisfies the national interest framework.
The applicant must qualify as an advanced degree professional or a person of exceptional ability.
A PhD commonly satisfies the degree component, but it does not establish the NIW itself.The petitioner must satisfy all three prongs of the Matter of Dhanasar framework.
The analysis turns heavily on the proposed future endeavor.The proposed endeavor must have substantial merit and broader prospective importance. The importance of the research field alone is not enough.
National importance guide →The record should connect the researcher’s past achievements, present capabilities, resources and future plan to the proposed endeavor.
Well positioned guide →The petition must explain why it benefits the United States to waive the normal job offer and labor certification requirements.
“I will continue conducting artificial intelligence research in the United States.”
Define the specific problem, research methods, anticipated users or beneficiaries, expected scope and the applicant’s role in advancing the work.
Publications and citations can be useful, but the strongest evidence often shows a direct relationship between what the researcher has already accomplished and what the researcher proposes to do next.
Different research records can establish the three prongs in different ways.
No. The applicant must establish underlying EB2 eligibility through an advanced degree or exceptional ability.
There is no fixed citation minimum. Citations may support positioning and impact, but all NIW requirements must still be established.
No. National importance focuses on the prospective impact of the specific proposed endeavor, not merely the importance of the general field.
Potentially. Depending on the research or technical field, other objective evidence may establish progress, positioning and prospective impact.