National Interest Waiver

A man looking at two different pathways, wondering which he should take

What is the difference between Schedule A Group II and a National Interest Waiver?

Schedule A Group II is a subcategory of an employer-sponsored immigrant petition for foreign worker that allows certain professionals with “exceptional ability” in their field to bypass the part of the Labor Certification process that requires employers to recruit for…

Khadija DerrickApril 22, 2025

A researcher looking at something under a microscope

National Interest Waiver

How Researchers Can Prove “Well Positioned” to Qualify for a NIW

This post will compare two fact patterns that show what factors are important for proving that a researcher is well positioned to advance their proposed endeavor to qualify for an NIW.

Khadija DerrickMarch 25, 2025

National Interest Waiver

USCIS Updates Policy on National Interest Waiver (NIW) Eligibility

On January 15, U.S. Citizenship and Immigration Services (USCIS) announced updates to its policy manual regarding how it assesses National Interest Waiver (NIW) cases. The new guidance provides additional clarity on the qualifications required for an NIW, emphasizing that not…

Marijan PetrovskiMarch 13, 2025

National Interest Waiver

Can F-1 Visa Holders Apply for the EB-2 National Interest Waiver (NIW)?

F-1 visa holders pursuing higher education in the U.S. may wonder whether they can apply for the EB-2 National Interest Waiver (NIW). The answer is technically yes—an F-1 visa holder can apply for an NIW petition. However, there are key…

Marijan PetrovskiMarch 10, 2025

National Interest Waiver

Can I Work in the United States After My NIW Petition Is Approved?

An approved NIW petition doesn’t grant work authorization. You must maintain a valid visa or apply for an EAD during the green card process.

Khadija DerrickJanuary 20, 2025

A team of business executives standing together in unison

National Interest Waiver

NIW Adjudication Standards: What Remains Unchanged?

Learn how the Trump administration and future policies may impact NIW cases, including key adjudication standards and policy-level changes.

Khadija DerrickJanuary 3, 2025

National Interest Waiver

Can You Apply for an EB-2 NIW from Outside the United States?

You can apply for an EB-2 NIW from abroad without a job offer. Submit the I-140, attend a consular interview, and prove national interest.

Khadija DerrickNovember 11, 2024

Celebrating success as a group of professionals

National Interest Waiver

Success Rates for NIW Petitions: Why Applications Are Facing Greater Scrutiny

NIW approval rates have dropped as filings increased in 2023, making strong legal strategy crucial, especially for non-STEM applicants.

Khadija DerrickOctober 24, 2024

National Interest Waiver

Top 3 Mistakes Entrepreneurs Should Avoid When Applying for an NIW

Avoid these three common mistakes when applying for an NIW as an entrepreneur: lack of location details, weak projections, and failing to show broader impact.

Khadija DerrickOctober 11, 2024

Two corporate workers consulting paper work

National Interest Waiver

National Interest Waiver (NIW) Approval Rates for STEM and Non-STEM Jobs: Why Non-STEM Applicants Need a Strong Case

Non-STEM NIW approval rates are lower, but a strong, well-documented case can boost your chances. Learn why a skilled lawyer is essential for success.

Khadija DerrickOctober 10, 2024

National Interest Waiver

EB-2 NIW and I-485 Green Card Processing Timeline in 2024

In 2024, EB-2 NIW green card processing took around 1.5 years for some clients, including I-140 filing, waiting for priority dates, and I-485 approval.

Khadija DerrickOctober 9, 2024

An open laptop with business slide shows

National Interest Waiver

Does Exceptional Ability Make You Eligible for an EB-2 National Interest Waiver (NIW)?

Exceptional ability alone doesn't guarantee an EB-2 NIW. Learn how to meet additional requirements, including proving national importance and positioning for success.

Khadija DerrickOctober 3, 2024

Business men having a meeting while holding a tablet

National Interest Waiver

Am I Eligible for an EB-2 National Interest Waiver (NIW) Green Card with a Master’s Degree?

Find out if having a master's degree qualifies you for an EB-2 NIW green card and learn the key criteria beyond just your degree.

Khadija DerrickOctober 1, 2024

National Interest Waiver

Can You Qualify for a National Interest Waiver (NIW) Without a Master’s Degree?

Qualify for a National Interest Waiver (NIW) without a master’s degree by leveraging your experience or exceptional ability. There two routes to qualify even if you don’t have a Mater’s degree.

Khadija DerrickSeptember 4, 2024

National Interest Waiver

Qualifying for the National Interest Waiver (NIW) Without a Master’s Degree

Learn how to qualify for the National Interest Waiver (NIW) without a master's degree, including alternative pathways and the three-prong Matter of Dhanasar test.

Khadija DerrickAugust 26, 2024

National Interest Waiver

NIW vs. O-1 Visa: Which One Is Right for You?

Compare the NIW and O-1 Visa options to determine which is right for you based on your qualifications, timing, and the need for a U.S. petitioner.

Khadija DerrickAugust 16, 2024

National Interest Waiver

Do I Need to Show a Substantial Positive Economic Impact for NIW Approval?

NIW applicants don't need to show substantial economic impact. Proposals enhancing societal welfare can meet national importance criteria.

Khadija DerrickJuly 15, 2024

National Interest Waiver

Types of Endeavors Likely to Meet the National Importance Requirement for NIW Applications

Learn what types of projects meet the national importance requirement for National Interest Waiver applications, including scientific advancements, economic contributions, societal benefits, and government-recognized initiatives.

Khadija DerrickJuly 9, 2024

Question marks aligned diagonally across page

National Interest Waiver

What are the Threshold Requirements for the National Interest Waiver (NIW)?

Learn the threshold requirements for the National Interest Waiver (NIW), including qualifying under the EB-2 category with an advanced degree or exceptional ability.

Khadija DerrickJuly 1, 2024

A bunch of options and different directions

National Interest Waiver

NIW or O-1 Visa: Which One Is Right for You?

Learn the key differences between the NIW and O-1 visa to determine which option best suits your immigration needs and career goals.

Khadija DerrickJune 17, 2024

A laptop, planner, calendar, and stationary on a table.

National Interest Waiver

How Retrogressed Priority Dates Impact EB2 NIW Green Card Applicants

Learn what priority date retrogression means for EB2 NIW green card applicants and how it affects the application process.

Khadija DerrickJune 14, 2024

Two individuals looking at a bunch of graphs on the table.

National Interest Waiver

Do I Need Work Experience to Qualify for the National Interest Waiver (NIW)?

No work experience is required for the NIW visa, but it can strengthen your application. Consult with Scott Legal, P.C. for personalized guidance.

Khadija DerrickJune 6, 2024

National Interest Waiver

Unlocking the Path to a Green Card Through a National Interest Waiver (NIW) for Entrepreneurs

Explore how entrepreneurs, especially in healthcare, can secure a U.S. green card through a National Interest Waiver (NIW).

Khadija DerrickMay 14, 2024

National Interest Waiver

The NIW Pathway with Minimal Publications and Citations

Discover strategies to strengthen your NIW petition with minimal publications and citations. Impact and quality can outweigh quantity.

Khadija DerrickMay 13, 2024

A busy office with a corporate business man at work

National Interest Waiver

The EB-2 NIW Petition While on an F-1 Visa

Explore the impact of filing an EB-2 NIW petition on your F-1 visa status and how to navigate the complexities. Schedule a consultation for personalized guidance."

Khadija DerrickMay 10, 2024

Schedule A Consultation

FREE WEBINARS

What is the difference between Schedule A Group II and a National Interest Waiver?

How Researchers Can Prove “Well Positioned” to Qualify for a NIW

USCIS Updates Policy on National Interest Waiver (NIW) Eligibility

Can F-1 Visa Holders Apply for the EB-2 National Interest Waiver (NIW)?

Can I Work in the United States After My NIW Petition Is Approved?

NIW Adjudication Standards: What Remains Unchanged?

Can You Apply for an EB-2 NIW from Outside the United States?

Success Rates for NIW Petitions: Why Applications Are Facing Greater Scrutiny

Top 3 Mistakes Entrepreneurs Should Avoid When Applying for an NIW

National Interest Waiver (NIW) Approval Rates for STEM and Non-STEM Jobs: Why Non-STEM Applicants Need a Strong Case

EB-2 NIW and I-485 Green Card Processing Timeline in 2024

Does Exceptional Ability Make You Eligible for an EB-2 National Interest Waiver (NIW)?

Am I Eligible for an EB-2 National Interest Waiver (NIW) Green Card with a Master’s Degree?

Can You Qualify for a National Interest Waiver (NIW) Without a Master’s Degree?

Qualifying for the National Interest Waiver (NIW) Without a Master’s Degree

NIW vs. O-1 Visa: Which One Is Right for You?

Do I Need to Show a Substantial Positive Economic Impact for NIW Approval?

Types of Endeavors Likely to Meet the National Importance Requirement for NIW Applications

What are the Threshold Requirements for the National Interest Waiver (NIW)?

NIW or O-1 Visa: Which One Is Right for You?

How Retrogressed Priority Dates Impact EB2 NIW Green Card Applicants

Do I Need Work Experience to Qualify for the National Interest Waiver (NIW)?

Unlocking the Path to a Green Card Through a National Interest Waiver (NIW) for Entrepreneurs

The NIW Pathway with Minimal Publications and Citations

The EB-2 NIW Petition While on an F-1 Visa

About The Blog

Search Articles by Topic