US EB-2 National Interest Waiver (NIW): sourced answers

Self-petition with a waiver of the job offer and labour certification

«Cite as 26 I&N Dec. 884 (AAO 2016) Interim Decision #3882 884 Matter of DHANASAR, Petitioner Decided December 27, 2016 U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Administrative Appeals Office USCIS may grant a national interest waiver if the petitioner demonstrates: (1) that the foreign national's proposed endeavor has both substantial merit and national importance; (2) that he or she is well positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. Matter of New York State Dep't of Transp ., 22 I&N Dec. 215 (Acting Assoc. Comm'r 1998), vacated. ON BEHALF OF PETITIONER : Gerard M. Chapman, Esquire, Greensboro, N orth Carolina In this decision, we have occasion to revisit the analytical framework for assessing eligibility for "national interest waivers" under section 203(b)(2)(B)(i) of the Immigration and Nationality Act, 8 U.S.C . § 1153(b)(2)(B)(i) (2012). …»

Source: justice.gov · source copy as of 2026-10-02

«Page 92TITLE 8-ALIENS AND NATIONALITY§ 1153 under this chapter, see section 2(c)(1) of Pub. L. 97-271, set out as a note under section 1255 of this title. E XEMPTION FROM NUMERICAL LIMITATIONS FOR CER- TAIN ALIENS WHO APPLIED FOR ADJUSTMENT TO STA- TUS OF PERMANENT RESIDENT ALIENS ON OR BEFORE JUNE 1, 1978 For provisions rendering inapplicable the numerical limitations contained in this section to certain aliens who had applied for adjustment to the status of perma - nent resident alien on or before June 1, 1978, see section 19 of Pub. L. 97-116, set out as a note under section 1151 of this title. A PPROVAL BY SECRETARY OF STATE TREATING TAIWAN (CHINA) AS SEPARATE FOREIGN STATE FOR PURPOSES OF NUMERICAL LIMITATION ON IMMIGRANT VISAS Pub. L. 97-113, title VII, § 714, Dec. 29, 1981, 95 Stat. 1548, provided that: ''The approval referred to in the first sentence of section 202(b) of the Immigration and Nationality Act [subsec. (b) of this section] shall be considered to have been granted with respect to Taiwan (China).'' § 1153. …»

Source: govinfo.gov · source copy as of 2026-10-02

«(k) Aliens who are members of the pro- fessions holding advanced degrees or aliens of exceptional ability. (1) Any United States employer may file a pe- tition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seek- ing an exemption from the requirement of a job offer in the United States pur- suant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner. (2) Definitions. As used in this sec- tion: Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a for- eign equivalent degree followed by at least five years of progressive experi- ence in the specialty shall be consid- ered the equivalent of a master's de- gree. If a doctoral degree is custom- arily required by the specialty, the alien must have a United States doc- torate or a foreign equivalent degree. …»

Source: govinfo.gov · source copy as of 2026-10-02