NATIONAL INTEREST WAIVER (NIW)

1. How does NIW lead to a Green Card?
The National Interest Waiver (NIW) streamlines the path to a green card by bypassing the labor certification process and allowing self-petitioning by waiving the need of a JOB-OFFER or sponsorship by an employer. Upon I-140 approval, applicants can file I-485 (Adjustment of Status) if a visa number is available, leading to lawful permanent residency. This process is particularly advantageous for individuals whose work significantly benefits the U.S., as it removes employer sponsorship constraints.

​

2. Should I consider filing an NIW-EB2 petition if my employer is already sponsoring an EB-2 petition or if I have a secured priority date through EB-3 or regular EB-2?

Yes, pursuing an NIW-EB2 can still be beneficial, even if your employer is sponsoring an EB-2 petition or you have a secured priority date through EB-3 or regular EB-2. Here’s why:

1. Self-Petition Advantage – NIW allows you to apply independently, without being tied to an employer.

2. Career Flexibility – Unlike employer-sponsored EB-2, NIW does not require a specific job offer, enabling you to switch jobs or industries without affecting your petition.

3. Potential for Faster Processing – If NIW-EB2 priority dates are more favorable (than EB3), it may expedite your green card timeline.

4. Backup Plan – Having an NIW petition provides an alternative in case of delays, layoffs, or employer withdrawal of the original petition.

Importantly, filing an NIW-EB2 does not reset your priority date, meaning you retain your earliest priority date from any previously approved I-140.

​

3. How do I know if I am eligible for NIW?

To qualify for a National Interest Waiver (NIW) under EB-2, you typically need an advanced degree (master’s or higher) or exceptional ability in your field. Additionally, USCIS applies the three-prong test, which requires demonstrating that:

1. Your work has substantial merit and national importance to the U.S.

2. You are well-positioned to advance your field.

3. It is beneficial to the U.S. to waive the labor certification requirement.

For a free evaluation (LIMITED TIME ONLY), please send your most updated CV including education, work experience, awards, media mentions, peer-review activities, and publications, along with your Google Scholar link. If you earn a salary in the 90th percentile compared to peers with equivalent titles in your industry, please include that information in your email as well. Email: consultation@greenscientistllc.com

​

4. I may change my employment as I fear losing my job due to a layoff soon. Do I still qualify for NIW?

Yes, you can still qualify for a National Interest Waiver (NIW) even if you are changing jobs or facing a potential layoff. NIW is a self-petitioned category, meaning you do not need an employer sponsor, and your application is not tied to a specific job or company. As long as you meet the NIW eligibility criteria—holding an advanced degree (or demonstrating exceptional ability) and satisfying the three-prong test—you can apply and continue your immigration process independently of your employer.

If you are uncertain or skeptical about your NIW eligibility due to a job change, please include this information when requesting a FREE profile evaluation (see answer 3 for Profile evaluation). Email: consultation@greenscientistllc.com

5. What evidence do I need to fulfill the eligibility criteria for NIW?

To fulfill the eligibility criteria for a National Interest Waiver (NIW), you'll need to provide evidence that demonstrates your qualifications and how your work benefits the U.S. This includes:

1. Advanced Degree or Exceptional Ability – Evidence of your advanced degree (master's or higher) or exceptional ability in your field (such as awards, certifications, or professional recognition).

2. The Three-Prong Test – You must provide evidence supporting:

   • Substantial Merit and National Importance: Documentation showing that your work has significant value and relevance to the U.S., such as government or industry recognition, published reports, or supporting letters from experts in your field.

   • Well-Positioned to Advance: Proof of your ability to advance the proposed work, such as past achievements, relevant publications, or grants.

   • Benefit to Waive Labor Certification: Demonstrate why the U.S. would benefit from waiving the labor certification process, like letters from experts or publications that underscore the national interest of your work.

3. Supporting Documents – This may include:

   • CV (detailing education, work experience, publications, awards, media mentions, etc.)

   • Recommendation Letters from experts in your field

   • Google Scholar Profile showing citations of your work

   • Media Mentions or press coverage that highlight the significance of your contributions

If you are uncertain about how your qualifications measure up, feel free to send your updated CV, Google Scholar link, and any relevant documentation for a free evaluation. Email: consultation@greenscientistllc.com

​

6. I don't have an advanced degree but have a bachelor's degree and have done exceptional work in the national interest. Do I still qualify to file an NIW I-140?

For NIW (National Interest Waiver) eligibility, an advanced degree is generally defined as a master’s degree or higher. However, there are other ways to demonstrate equivalency to an advanced degree if you don’t hold one:

1. Bachelor’s Degree + Professional Experience – If you have a bachelor’s degree plus at least five years of progressive work experience in your field, this can be considered equivalent to a master’s degree. The experience should show significant responsibility and advanced expertise.

2. Exceptional Ability – If you can demonstrate exceptional ability in your field, you can bypass the need for an advanced degree.

​

7. What are the criteria for proving "exceptional ability" for NIW?

To prove exceptional ability for a National Interest Waiver (NIW), you need to demonstrate that you possess a level of expertise significantly above that normally encountered in your field. The criteria for exceptional ability are as follows:

 

Evidence of At Least Three of the Following:

• Advanced Degree or Equivalent: This includes a master’s degree or higher, or a bachelor’s degree combined with five years of progressive work experience in your field.

• Letters of Recommendation: Strong, credible letters from experts in your field who can attest to your skills, accomplishments, and the national importance of your work. These letters should highlight your exceptional contributions and the impact of your work.

• Recognition of Achievements: Examples include awards or honors that acknowledge your superior skills or accomplishments. This could be in the form of industry awards, grants, or prestigious recognitions.

• Publications and Citations: Evidence of publications in peer-reviewed journals, books, or other professional publications, along with citations that demonstrate the influence of your work on the field. For example, having your work cited by others in the field or in influential journals supports this criterion.

• Membership in Professional Organizations: Membership in associations or organizations that require exceptional ability for admission. For instance, being a member of a scientific or professional society that only admits individuals who have proven exceptional achievements.

• Patents or Innovations: Documentation showing patents or unique contributions to your field, such as innovations or inventions that have significantly advanced your area of expertise.

• High Salary: Evidence that you earn a salary or remuneration that is significantly higher than the average for others in your field. This can be shown through pay stubs, employment contracts, or industry salary reports.

​

8. I’m not sure if I have all the evidence for exceptional ability. Does USCIS consider any other evidence?

Yes, USCIS does allow for comparable evidence if you don't have the typical documentation required to prove exceptional ability. This means you can submit alternative evidence that showcases your achievements, such as:

• Letters from industry leaders attesting to your impact and expertise.

• Evidence of project leadership or innovative contributions that significantly advanced your field.

• Media mentions or recognition in prominent outlets highlighting your work.

• Professional accolades that demonstrate exceptional achievement in your field.

If you're unsure about the evidence you have or what to include, feel free to send your updated CV and supporting documentation for a free profile evaluation to determine your eligibility and the best way to present your case. Email: consultation@greenscientistllc.com

​

9. Does a foreign MS, MD, or PhD degree qualify as an advanced degree for NIW?

Yes, a foreign MS, MD, or PhD degree can qualify as an advanced degree for NIW (National Interest Waiver) eligibility, as long as it is equivalent to a U.S. master’s degree or higher. The USCIS evaluates foreign degrees based on their equivalency to U.S. degrees, often using a credential evaluation service to determine if the foreign degree meets the standard. If you hold a foreign degree, you will need to provide a credential evaluation report to demonstrate its equivalency. This can help ensure that your degree is recognized as meeting the advanced degree requirement for NIW.

​Should you require a Degree Equivalency Certificate, kindly inform us, and we will be happy to facilitate its provision.

​

10. I have a low publication count and less than 25 citations. Do I still qualify for NIW?

While having a high publication count and citations can strengthen your case, it is not the sole determining factor for NIW eligibility. The National Interest Waiver (NIW) evaluates your qualifications based on a broader set of criteria, including your education, work experience, achievements, and the significance of your contributions to your field. If you have made substantial contributions to the national interest—such as groundbreaking research, industry advancements, or impactful work—it may still be possible to qualify. To assess your case more thoroughly, we encourage you to send your updated CV, including publications, awards, and any other relevant achievements, for a free profile evaluation at consultation@greenscientistllc.com. Our team will help identify the strengths of your profile and suggest strategies to strengthen your petition

​​​

​11.  What is the approval rate for NIW petitions by USCIS?

Historically, USCIS has maintained an approval rate of over 90% for EB-2 NIW petitions, with rates between 96-97% from FY 2018 to FY 2023. However, in FY 2024, this trend reversed, with the approval rate dropping significantly to 43.31% and the denial rate rising to 17.71%. As a result, 38.98% of cases remain pending, marking a dramatic shift in approval trends. The approval rate for EB-2 NIW saw a sharp decline of 46%, falling from 79.99% in FY 2023 to just 43.31% in FY 2024.

​

12.  What is Green Scientist’s experience with NIW and what is your approval rate?

At Green Scientist, we work closely with immigration attorneys who each have over 20 years of experience in managing thousands of NIW petitions. Additionally, we offer Scientific Advisors who have personally navigated the NIW and EB1A-based Green Card processes, providing valuable insights from both a professional and personal standpoint. This unique blend of legal and scientific expertise has resulted in a 100% approval rate for our NIW petitions, ensuring that our clients receive comprehensive, top-tier support throughout the process.

​

13. Why should I consider your service when my friends have filed NIW with other attorneys at a cheaper price?

You get what you pay for. At Green Scientist, we don’t just provide legal representation—we offer a comprehensive, expert-driven approach to ensure the highest chance of success for your petition. Each applicant is supported by a team of 4-5 experts, including:

1. An Immigration attorney with over 20 years of experience, and a paralegal who specialize in NIW and EB1A cases.

2. A Scientific advisor who have personally navigated the NIW and EB1A processes, offering tailored guidance and insights based on real-world experience.

3. A Client Success Manager and Consultant to ensure you're fully supported throughout the process.

What we provide:

1. Unlimited Q&A support until your case is filed—you're never left without guidance.

2. A comprehensive proprietary Guidebook (available in Flipbook format) that helps strengthen your profile and offers step-by-step strategies to enhance your chances of approval.

3. Expert reviews from our scientific and legal teams that ensure your petition is as robust as possible—often refining it in 10 iterations to strengthen your legal brief and significantly boost your approval rate.

4. We help you avoid common pitfalls that could lead to RFE (Request for Evidence) or rejection, ensuring your petition is as complete and compelling as possible.

This tailored, meticulous approach ensures you don’t just file your petition—you file it in the most effective and strongest way possible. With our 100% approval rate, we give you peace of mind that your case is in the best hands.

 

​​14.  I am a citizen of India/China, and I am considering filing both NIW I-140 followed by EB1A I-140. Do you offer any discounts?

Yes, we do offer a bundle package discount once you're ready to file your EB1A petition with us after your NIW I-140. To get specific details on the discount and how we can assist you with both filings, please email us at consultation@greenscientistllc.com, and we will provide you with all the information you need.

​

15.  What are the fees for NIW in 2025?

The USCIS fees for filing an NIW I-140 petition in 2025 are as follows:

• I-140 Filing Fee: $715

• Asylum Program Fee: If you are filing a self-petition, the fee is $300.

• Premium Processing Fee (optional): $2,805 (for expedited processing, which guarantees a decision within 15 calendar days). Please note that premium processing has recently slowed down, with processing times extending up to 45 days or more since January 2025.

​

​16.  I am a PhD student/Postdoc and experiencing financial hardship. Do you offer payment in installments?

We understand the financial challenges that come with this crucial process, especially for PhD students and Postdocs. At Green Scientist, we empathize with the financial hardship many applicants face and don’t want you to compromise on your career journey. Therefore, we offer interest-free installments to support you, making it easier for you to focus on advancing your career while we assist you with your immigration goals.

​

17. Does my spouse need to meet the NIW criteria to get a Green Card along with me?

No, your spouse does not need to meet the NIW criteria to obtain a Green Card along with you. When you file for an NIW and are granted approval, your spouse and any eligible dependents (children under 21) can apply for derivative Green Cards as part of your application. They will be granted a Green Card based on your successful petition, but they do not need to fulfill the NIW criteria themselves.

 

18. I am unsure whether to pursue NIW or EB1A and am considering Green Scientist for my case. How can I discuss my case with your team?

If you're uncertain whether NIW or EB1A is the best path for you, we invite you to contact Green Scientist for a comprehensive consultation. Our team of immigration attorneys and scientific advisors will help you assess your case, understand the requirements, and choose the most strategic approach. To get started, simply send your updated CV and supporting documentation (such as publications, awards, media mentions, etc.) for a free profile evaluation to consultation@greenscientistllc.com. Once we receive your profile, our scientific and legal team will review it and set up a call with our Client Success Manager and other team members, as needed, to discuss the best course of action for your case.

​