NIW (National Interest Waiver)
Also known as: National Interest Waiver, EB-2 NIW, self-petition
Policy · EB-5 Glossary
Definition
The National Interest Waiver (NIW) is a subcategory of the EB-2 employment-based visa that allows applicants to self-petition without employer sponsorship or PERM labor certification. Applicants must demonstrate that their proposed endeavor has substantial merit and national importance, that they are well-positioned to advance it, and that it would be beneficial to the United States to waive the job offer requirement. NIW is evaluated under the Matter of Dhanasar framework (26 I&N Dec. 884, AAO 2016).
Context
An EB-2 subcategory that waives the job offer requirement if the applicant demonstrates their work benefits the U.S. national interest.
Related Terms
More Policy Terms
- AAO
The USCIS body that reviews appeals of immigration petition denials. EB-5-related AAO decisions establish precedent on issues such as source of funds sufficiency, at-risk investment standards, and job creation methodology. AAO decisions are published and can be cited as persuasive authority.
- CPI-U Adjustment
The mechanism established by the RIA for periodic adjustment of EB-5 minimum investment amounts based on the Consumer Price Index for All Urban Consumers (CPI-U), published by the Bureau of Labor Statistics. Adjustments are calculated every five years from the RIA's effective date, with the first adjustment projected for January 1, 2027.
- Federal Register
The daily journal of the United States government that publishes proposed and final rules, notices, and executive orders from federal agencies. USCIS uses the Federal Register to publish proposed regulations, final rules, and fee schedules affecting the EB-5 program.
- LRS
India's Reserve Bank of India (RBI) program that permits Indian residents to remit up to $250,000 per person per financial year (April 1 through March 31) for permitted capital account transactions, including overseas investments. LRS remittances exceeding ₹7 lakh (approximately $8,400) per financial year are subject to Tax Collected at Source (TCS) at 20%.
- Numerical Cap
The congressionally mandated limit on the number of immigrant visas that can be issued in a given category per fiscal year. The EB-5 program is allocated approximately 10,000 visas annually (7.1% of the total 140,000 employment-based allocation), including derivative family members.
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