EB-2 National Interest Waiver (NIW)

Meet your global workforce goals with a National Interest Waiver green card for talent with exceptional ability.

What is a National Interest Waiver?

A National Interest Waiver is an EB-2 immigrant visa petition that allows foreign nationals with advanced degrees or exceptional ability in the sciences, arts or business to obtain permanent residency in the U.S.

National Interest Waiver requirements

USCIS considers three requirements for a National Interest Waiver:

1

The foreign national's expertise has substantial merit and national importance.

2

The foreign national is well positioned to advance their field of expertise.

3

The United States would benefit from waiving the job offer and permanent labor certification requirements.

Advance your talent strategy with NIWs

As an immigrant visa alternative, national interest waivers can reduce recruitment costs and offer flexibility for employers. Hire global talent through NIWs to meet the demand for skilled labor and stay at the forefront of innovation in your industry.

National Interest Waiver by the numbers

The top 5 states with approved NIW beneficiaries in Q3 FY 2025
State	Approved Beneficiaries
California	787
Texas	505
Michigan	459
New York	417
Massachusetts	279

The top 5 countries with the most approved NIW beneficiaries in Q3 FY 2025
Country	Approved Beneficiaries
China	1,332
India	762
Iran	490
Nigeria	308
Bangladesh	258

“Thank you for the amazing work on my National Interest Waiver. This was a really great experience. The staff assigned to my case were super responsive, knowledgeable and kind. They were on top of everything all the way through and I felt in great hands from day one.”

– Foreign national employee of a BAL client

Talk to a BAL immigration expert about sponsoring a National Interest Waiver green card

What makes us different?

Immigration is all we do.

BAL has 45+ years of experience in corporate immigration. Working across a diverse array of industries, BAL has deep experience supporting individuals and corporations on their immigration journeys.

Committed to exceptional service.

Our legal team delivers industry-leading services to companies hiring foreign nationals with exceptional ability, ensuring top quality and compliance every step of the way.

Experts on NIW and permanent residency.

Our NIW attorneys are experts in immigrant visas and permanent residency, helping businesses recruit top talent from around the world.

National Interest Waiver FAQ

Who is eligible for an EB-2 NIW visa?

Foreign nationals whose work benefits the United States in areas such as science, technology, healthcare, education, business or culture may be eligible for a National Interest Waiver. Foreign nationals must be able to demonstrate that:

Their proposed endeavor has substantial merit and national importance.
They are well positioned to advance the endeavor.
The endeavor is beneficial for the U.S. to waive the job offer and labor certification requirements.

What are the EB-2 NIW visa requirements?

A National Interest Waiver petition requires evidence demonstrating the substantial merit and national importance of the foreign national’s work, the foreign national’s qualifications and achievements and how the foreign national is well positioned to advance their proposed endeavor.

Evidence will vary depending on the specifics of the foreign national’s work and their qualifications, but generally includes:

Proof of earning an advanced degree or demonstrating exceptional ability.
Detailed letters of recommendation, documentation of significant achievements (such as awards, patents or publications).
Proof of the impact of the foreign national’s work on their field or industry.
Evidence of government or institutional support for the foreign national’s work.

How long does it take to get a green card through NIW?

According to USCIS, I-140 petitions for applicants requesting a National Interest Waiver typically take around 22 months to complete with current processing times. With premium processing, adjudication occurs within 45 days of the premium processing unit receiving the case.

What is the difference between NIW and PERM?

National Interest Waiver petitions bypass the PERM recruitment and labor certification processes, saving substantial time and resources. Additionally, NIW petitions offer greater flexibility, as they are less sensitive to changes in employment conditions, such as work location, without requiring a restart of the process.