EB-2 National Interest Waiver in San Francisco

How Underlying EB-2 Eligibility Supports an NIW Petition

A national interest waiver request doesn’t replace the underlying EB-2 requirements. An applicant generally must first qualify as an advanced-degree professional or a person of exceptional ability in the sciences, arts, or business.

For the advanced-degree route, relevant records may include academic transcripts, diplomas, degree equivalency documentation, and evidence of progressive professional experience. Exceptional ability means a level of ability significantly above what is ordinarily encountered in the field. The evidence required depends on the applicant’s background and claimed route.

A persuasive record does more than list credentials. It connects the applicant’s education, experience, and accomplishments to the specific work they propose to pursue in the United States.

We may review evidence such as:

• Education records: Degrees, transcripts, evaluations, and documentation of relevant training.
• Professional experience: Employment records, progressive responsibilities, and significant project work.
• Accomplishments: Publications, recognition, awards, patents, presentations, and other documented contributions.
• Professional impact: Evidence showing how the applicant’s work has influenced a field, organization, industry, or broader public interest.

The Three Matter of Dhanasar Considerations

Matter of Dhanasar established the three-part framework USCIS uses to evaluate national interest waiver petitions. Officers consider the totality of the evidence, including the connection between the applicant’s background and proposed endeavor.

Substantial Merit & National Importance

The proposed endeavor must have substantial merit and national importance. This analysis focuses on the endeavor’s prospective impact, not simply the general importance of the applicant’s occupation or industry.

Well Positioned to Advance the Endeavor

The record must show that the applicant is well positioned to advance the proposed endeavor. Relevant evidence may include qualifications, prior accomplishments, documented progress, available resources, project plans, and interest from potential users or stakeholders.

Benefit of Waiving Standard Requirements

The final consideration asks whether, on balance, waiving the job offer and PERM labor certification requirements would benefit the United States. PERM labor certification ordinarily requires an employer to demonstrate that qualified U.S. workers aren’t available for a particular permanent position.

How We Build an EB-2 NIW Petition

We begin by assessing the applicant’s education, work experience, publications, projects, accomplishments, long-term goals, and proposed endeavor. Because eligibility is fact-specific, we also look for weaknesses, missing connections, and records that may require further explanation.

A typical case may include:

• Eligibility assessment: Identifying the applicable EB-2 route and evaluating the proposed endeavor.
• Evidence organization: Clarifying what our office can prepare and what documents or information the client must provide.
• Petition preparation: Developing the three-part waiver argument and preparing Form I-140 for submission to USCIS.
• Agency review: Monitoring the case and responding if USCIS issues a request for evidence.
• Permanent residence planning: Discussing adjustment of status within the United States or consular processing abroad when the immigrant petition, visa availability, and the applicant’s circumstances permit.

Approval of an immigrant petition doesn’t itself grant permanent residence. The next stage depends on the applicant’s circumstances and visa availability as reported in the Department of State’s monthly visa bulletin. Government processing times and visa bulletin movement can also affect the overall timeline.

Attorney-Led Guidance & Responsive Case Communication

Attorney Blake Harrison, our founder and president, holds a JD, MBA, and LLM focused on immigration law. Our firm has handled hundreds of immigration cases, experience that informs how we organize records, analyze legal issues, and communicate with clients.

We provide multilingual support, flexible scheduling, and same-day availability for urgent needs. We also keep clients informed about their case status and federal policy developments that may affect their immigration plans.

Discuss Your EB-2 NIW Strategy

A consultation can help identify the relevant EB-2 classification, clarify your proposed endeavor, review available evidence, and outline possible next steps. We provide a candid assessment of what the record supports and which issues may need closer attention.

Phone and video consultations make it easier to obtain guidance wherever you’re located. Eligibility, visa availability, processing times, and USCIS decisions remain fact-specific and subject to change.

Call (415) 212-6817 to schedule your no-cost consultation with Harrison Law Office.