Which government agencies evaluate the EB-2 NIW?

The EB-2 NIW (National Interest Waiver) is an employment-based green card path in which the professional requests a waiver of the job offer and labor certification by showing that their work serves the national interest. Understanding which federal agencies decide what helps you organize the process well from the start.

The central agency is USCIS (United States Citizenship and Immigration Services). It receives the petition, examines the documentation, and judges whether the profile meets the category criteria, including the relevance of the work and the justification for waiving the job offer. All of the arguments and evidence presented go through this department’s review.

When the applicant is outside the United States, the Department of State also comes in, responsible for the consular processing stage and for issuing the visa after USCIS approves the petition. The two bodies therefore act in distinct and complementary phases of the same path.

Since each case is assessed individually and the rules can be adjusted over time, it is worth confirming the current requirements at the official source (USCIS) and, if needed, relying on a specialized professional before petitioning.

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.