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Kaza Law

National Interest Waivers

Your Work Matters to America. The EB-2 NIW Lets You Prove It.

A self-petitioned green card for advanced-degree professionals whose work serves the national interest — no employer sponsor required.

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At a glance

  • You hold an advanced degree or have exceptional ability in your field.
  • Your work has impact beyond a single employer — in research, technology, health, or enterprise.
  • First step — Strategy Session: We assess your degree, your field, and the reach of your work against the three-part national interest standard, and tell you candidly whether the NIW is your strongest route.
  • Nationwide — all 50 states.

The EB-2 National Interest Waiver is one of the rare green cards you can pursue on your own. It waives the usual requirement of an employer sponsor and a labor certification, on the theory that your work is valuable enough to the United States to justify skipping those steps.

That makes it powerful for researchers, founders, engineers, and professionals whose careers don't fit a single job offer. But the waiver isn't granted lightly. You must show your work has substantial merit and national importance, that you are well positioned to advance it, and that waiving the usual process benefits the country.

We build NIW petitions around your specific contribution and its reach. We've walked this path with people whose work outgrew the standard categories, and our job is to make its national value legible to an officer who has never met you.

Who this is for

This path is built for you if

  • You hold an advanced degree or have exceptional ability in your field.
  • Your work has impact beyond a single employer — in research, technology, health, or enterprise.
  • You want a green card without tying yourself to one company's sponsorship.
  • You are a founder or independent professional whose work doesn't fit a standard job offer.
  • You're on an H-1B or other visa and want a self-directed path to permanent residence.
  • Your contributions are significant but need to be framed in terms of national importance.

How we work

A deliberate path, start to finish.

  1. Strategy Session

    We assess your degree, your field, and the reach of your work against the three-part national interest standard, and tell you candidly whether the NIW is your strongest route.

  2. Case Architecture

    We build the petition around your contribution — evidence, expert letters, and a clear account of why your work matters nationally and why a waiver serves the country.

  3. Filing and Response

    We file the I-140 and answer any request for evidence with documentation that reinforces the importance and your position to advance it.

  4. Decision and Beyond

    We carry the case to approval and coordinate the green card stage — adjustment of status or consular processing — depending on where you are and your priority date.

Extraordinary talent deserves an extraordinary strategy.

Questions

What people ask us first.

Do I really not need an employer to sponsor me?

Correct — the National Interest Waiver lets you self-petition, waiving both the employer sponsor and the labor certification that the standard EB-2 requires. You file on your own behalf based on the value of your work. This independence is the whole point of the category. Every case turns on its facts — a strategy session settles yours.

What counts as 'national interest'?

The work must have both substantial merit and national importance — meaning its impact extends beyond a local or single-employer benefit to something that matters to the country, such as advances in science, technology, health, the economy, or public welfare. The framing of your specific work is what wins or loses the case. Every case turns on its facts — a strategy session settles yours.

Can I qualify without a PhD?

Yes. An advanced degree is one path, but a bachelor's degree plus five years of progressive experience can satisfy the EB-2 requirement, and the alternative 'exceptional ability' route doesn't require an advanced degree at all. The degree is a threshold, not the heart of the case. Every case turns on its facts — a strategy session settles yours.

Can I file the NIW while on an H-1B?

Yes, and many people do. The NIW is a self-petitioned green card path that runs independently of your current work visa, so you can pursue it while remaining on an H-1B or similar status. It can be an attractive way to take control of your own permanent residence timeline. Every case turns on its facts — a strategy session settles yours.

Your American future deserves a strategy.

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