The EB-2 National Interest Waiver (NIW) offers an important path to permanent residence for certain highly qualified professionals, entrepreneurs, researchers, scientists, physicians, engineers, and others whose proposed work may benefit the United States. Unlike many employment-based green card categories, an NIW may allow a qualified person to seek permanent residence without the traditional labor certification process and without the usual requirement of a permanent job offer from a U.S. employer.
But what does "national interest" actually mean? Congress did not provide a detailed definition. That makes Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), especially important because it provides the principal framework USCIS uses to evaluate NIW requests.
Before USCIS reaches the National Interest Waiver analysis, the applicant must first establish eligibility for the underlying EB-2 classification, generally as a member of the professions holding an advanced degree or as an individual of exceptional ability.
Qualifying for EB-2, however, does not by itself establish eligibility for an NIW.