EB-2 National Interest Waiver
A pathway for professionals pursuing endeavors of substantial merit and national importance.
Overview
The EB-2 NIW classification allows qualifying foreign nationals to bypass the standard job offer and labor certification (PERM) requirements if their proposed endeavor is determined to be in the "national interest" of the United States. This allows for self-petitioning, offering significant flexibility for entrepreneurs, researchers, and specialized professionals.
Before arguing for the waiver, a petitioner must first establish threshold eligibility as either a member of the professions holding an advanced degree (or its equivalent) or an individual of exceptional ability in the sciences, arts, or business.
The Dhanasar Framework
Once threshold eligibility is met, adjudicators use the three-prong test established in Matter of Dhanasar:
- The proposed endeavor has both substantial merit and national importance.
- The individual is well positioned to advance the proposed endeavor.
- On balance, it would be beneficial to the U.S. to waive the requirements of a job offer and labor certification.
Structuring Your Endeavor
One of the most common weaknesses in EB-2 NIW petitions is a vague or overly broad endeavor. Ayofex helps you define a specific, actionable endeavor that clearly aligns with U.S. national interests (such as critical technologies, public health, economic development, or national security).
Substantial Merit
Demonstrating that your work has value (e.g., advancing scientific knowledge, improving economic conditions, or enhancing health).
National Importance
Showing that the impact of your endeavor extends beyond a single employer or local area to have broader, national implications.
Well-Positioned
Using your past record of success (degrees, publications, funding, awards, business success) to prove you can execute the endeavor.
EB-2 NIW Petition Preparation Packages
Choose the level of research, evidence development and post-filing support that fits your case. Package recommendations are made after consultation and profile review.
BRONZE
Complete Petition Preparation
- ✓ Comprehensive profile and evidence review
- ✓ Proposed endeavor development or refinement
- ✓ National problem and evidence-gap research
- ✓ Independent supporting research
- ✓ Substantial Merit development
- ✓ National Importance argument
- ✓ Prong 2 well-positioned argument
- ✓ Prong 3 waiver argument
- ✓ Complete petition letter
- ✓ Evidence and exhibit strategy
- ✓ Exhibit-list preparation
- ✓ Three customized recommendation letters
- ✓ Future-activities and endeavor-plan strategy
- ✓ Interest-of-relevant-parties strategy
- ✓ Revisions until finalization
- ✓ Final quality-control review
- ✓ Filing-organization guidance
SILVER
Complete Petition + RFE Protection + Enhanced Research
- ✓ Everything in Bronze
- ✓ Four customized recommendation letters
- ✓ Enhanced independent-evidence research
- ✓ Deeper national-importance documentation
- ✓ Independent validation and influence-evidence strategy
- ✓ Enhanced Prong 2 evidence architecture
- ✓ One comprehensive RFE response
- ✓ RFE evidence-gap analysis
- ✓ RFE response drafting and organization
- ✓ Priority revision queue
PLATINUM
Premium Case Development + RFE/NOID Protection + Priority Support
- ✓ Everything in Silver
- ✓ Up to six customized recommendation letters
- ✓ Premium independent-evidence research
- ✓ Advanced national-importance research
- ✓ Citation and influence analysis where applicable
- ✓ Independent-citer evidence strategy where applicable
- ✓ Collaboration and interest evidence-development strategy
- ✓ Enhanced future-activities plan
- ✓ Advanced exhibit architecture
- ✓ Senior-level strategic review
- ✓ Priority drafting and revisions
- ✓ RFE/NOID response
- ✓ Post-filing strategy consultation
- ✓ Priority client support through the I-140 decision
Compare Packages
Turnaround Time
Preparation generally requires approximately 12 weeks after all required intake materials and supporting documents have been received. Actual timelines depend on case complexity, client response time, recommender availability and evidence readiness.
Expedited preparation may be available depending on capacity and complexity. Please inquire during your consultation.
Scope & Exclusions
Ayofex provides consulting, research, document development, and petition drafting support. Our packages do not include USCIS filing fees, translation services, degree evaluations, or legal representation. Final submission of the petition is the responsibility of the client or their designated legal representative.
Package FAQs
Take the Next Step
Discuss your profile and find the right pathway and service package for your case.