EB-2 · NATIONAL INTEREST WAIVER
NIW Process Guide
Understand the NIW process, I-140 timeline, Premium Processing, and how NIW differs from PERM.
01 · NIW TIMELINE
NIW process timeline
02 · COMPARISON
PERM vs NIW
The biggest difference: NIW skips PWD and PERM recruitment, so most of the wait is I-140 processing.
| Category | PERM | EB-2 NIW |
|---|---|---|
| Category type | EB-2 or EB-3 | EB-2 |
| Who files | Usually the employer | You or your employer |
| Recruitment | PWD and PERM recruitment required | No PERM recruitment |
| Main requirement | No qualified U.S. worker available | Work benefits the national interest |
| Priority Date | PERM receipt date | I-140 receipt date |
| Main wait | PWD, recruitment, PERM, I-140 | I-140 |
03 · USCIS DATA
Five-year NIW approval trend
| Fiscal year | Approval share | Approved | Denied | Period / note |
|---|---|---|---|---|
| FY2026 | 49.1% | 9,238 | 9,585 | Through Q3 only; not a full-year figure |
| FY2025 | 55.2% | 19,532 | 15,863 | Full fiscal year |
| FY2024 | 71.0% | 27,526 | 11,256 | Full fiscal year |
| FY2023 | 79.6% | 31,889 | 8,172 | Full fiscal year |
| FY2022 | 95.7% | 10,316 | 468 | Full fiscal year; NIW is separately identified in this series from this year |
04 · NIW FAQ
Common questions about NIW
No. NIW waives the job offer and PERM labor certification, so you can file Form I-140 yourself. An employer can also file it for you.
You must first qualify for EB-2 with an advanced degree (or a bachelor's degree plus five years of progressive experience) or exceptional ability. USCIS then applies the three-part Matter of Dhanasar test: your proposed endeavor has substantial merit and national importance, you are well positioned to advance it, and on balance it benefits the U.S. to waive the job offer and labor certification.
USCIS reports about 30 months for regular I-140 processing (80% of cases). With Premium Processing, USCIS acts within 45 business days for a $2,965 fee. After I-140, the I-485 wait depends on your Priority Date and the Visa Bulletin.
Because NIW skips PERM, your Priority Date is the I-140 receipt date.
Yes, if your Priority Date is current under the Visa Bulletin chart USCIS designates for that month. Otherwise you file I-485 later, once your date becomes current.
Yes. They are separate I-140 petitions. If both are approved, you can generally keep the earlier Priority Date.