How is ‘national interest’ evaluated in an EB-2 NIW petition?

In the EB-2 NIW, national interest is not measured by a fixed formula: the USCIS conducts a qualitative, case-by-case analysis of each petition, assessing whether the applicant’s work justifies waiving the job offer and labor certification requirements.

In practice, the adjudicator weighs three complementary considerations:

• The merit and importance of the proposed endeavor, meaning the relevance of the work to fields such as the economy, health, education, or technology.
• Whether the applicant is well positioned to advance the project, taking into account education, experience, achievements, and recognition in the field.
• Whether, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.

There is no fixed checklist of required items: the weight given to each piece of evidence varies according to the applicant’s profile and proposal. For that reason, it is worth assembling a robust body of documentation and verifying the current criteria with the USCIS or a qualified specialist before filing.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.