Faq's / Employment

Is a job offer required for an EB-2 NIW immigrant petition?

No. Those seeking a national interest waiver may self-petition since they do not need a U.S employer to sponsor them. The EB-2 NIW (National Interest Waiver) falls under the U.S employment-based second preference green card category (EB-2). Under this category, a foreign national may seek a waiver of a job offer and therefore the labor certification/PERM process by establishing that his/her admission to permanent residence would be in the ‘national interest’ of the United States. For an NIW petition, the beneficiary needs to provide evidence of an advanced degree or exceptional ability.

The endeavors that qualify for a national interest waiver are not defined by statute; instead, USCIS considers the beneficiary meets the 3 factors below (Matter of Dhanasar):

  • The proposed endeavor has both substantial merit and national importance because it:
    • has national or even global implication within a particular field,
    • has significant potential to employ US workers or has other substantial positive economic effects,
    • will broadly enhance societal welfare or cultural or artistic enrichment,
    • impacts a matter that a government entity has described as having national importance or is a subject of national initiatives.
  • The beneficiary is well positioned to advance the proposed endeavor.
  • On balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.

Letter of recommendation or expert opinion letter is the cornerstone of an EB-2 NIW (National Interest waiver) immigrant petition for obtaining a Green Card in the United States. Strong recommendation letters from peers and independent distinguished experts in the beneficiary’s field of endeavor can determine the outcome of a petition. Carnegie Evaluations’ experts can opine on the veracity of such criteria-claims, based on the documentary evidence provided. Headquartered in New Jersey, Carnegie Evaluations (www.carnegieevaluations.com) have retained a myriad of experts in hundreds of disciplines (specialties). Our panel include industry experienced faculty experts from highly reputable Universities across the U.S who are also active members of relevant industry/professional associations. Our experts’ opinions are highly researched and customized to meet the specific endeavor of the beneficiary and recommended on the quality and the level of details by several legal practitioners and customers alike. Carnegie Evaluations has been the trusted partner for the U.S business immigration community and is known for case winning expert opinions or letters of recommendations for EB-2 NIW (National Interest Waiver) petitions.


What are the differences between the Regular EB2 petition and EB2 NIW petitions?

Who is eligible for EB-2 NIW?

Is a job offer required for an EB-2 NIW immigrant petition?

How to choose the best recommendation letter (expert opinion letter) for EB-2 NIW?

Can an expert opinion letter (letter of recommendation) help me to respond to my EB-2 NIW RFE?

Popup Image