EB-2 NIW (National Interest Waiver) Attorney
A Green Card Without Employer Sponsorship — For Researchers, Engineers, and STEM Professionals
The EB-2 National Interest Waiver (NIW) allows you to self-petition for a U.S. green card based on the value of your own work — no employer sponsorship, no job offer, and no PERM labor certification required.
At the Law Office of MJ Lee, NIW petitions are not a side practice. They are the core of what we do. Our Boston-based boutique firm has represented PhD researchers, postdocs, physicians, and engineers across materials science, AI, biotech, semiconductors, and other STEM fields — with a 98%+ NIW approval rate among adjudicated cases since 2017.
Is the NIW Right for You?
You may be a strong NIW candidate if:
You hold a Master's degree or PhD (or a Bachelor's degree plus 5 years of progressive experience)
Your work has implications beyond your current employer — through publications, citations, patents, clinical applications, or industry adoption
You want to pursue a green card on your own timeline, independent of an employer's willingness to sponsor
Common profiles we represent: postdoctoral researchers, PhD students nearing graduation, industry R&D scientists and engineers, physicians and clinical researchers, and founders building technology with national-scale impact.
The Legal Standard: The Three Dhanasar Prongs
Every NIW petition is judged under the framework established in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). USCIS will grant the waiver only if you establish all three of the following:
Prong 1 — Substantial Merit and National Importance
Your proposed endeavor must have substantial merit and national importance. This is about the work itself — not your résumé. We frame your research or professional endeavor to show its implications for U.S. health, technology, economic competitiveness, or other national priorities, supported by objective evidence rather than generalities.
Prong 2 — Well Positioned to Advance the Endeavor
You must show that you, specifically, are well positioned to advance that endeavor. This is where most NIW petitions are won or lost in today's adjudication environment. We build this prong with your education, publication and citation record, evidence that independent institutions have used or relied on your work, funding history, and carefully sourced expert letters — each piece mapped explicitly to the legal standard.
Prong 3 — On Balance, Waiving the Job Offer Requirement Benefits the U.S.
Finally, you must show that, on balance, it would benefit the United States to waive the standard job offer and labor certification requirements. We articulate why your contributions justify bypassing the traditional employment-based process — the prong many petitions treat as an afterthought, and adjudicators increasingly do not.
NIW Adjudication Has Changed. Your Petition Strategy Should Too.
NIW approval rates have fallen sharply in recent years — from over 90% in FY2022 to approximately 55% in FY2025 — and USCIS is issuing Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) at significantly higher rates, with closer scrutiny at every prong.
This does not mean qualified candidates should give up. It means generic, template-driven petitions no longer work. Our approach reflects the current environment:
Evidence mapped to the law. Every exhibit is tied to a specific Dhanasar prong, so the adjudicator is never left to connect the dots.
Anticipating the RFE before filing. We draft each petition against the objection patterns we see in current RFEs and NOIDs, addressing likely weaknesses up front.
Direct attorney handling. Your case is prepared by the attorney you meet — not handed to a document mill. Consultations available in Korean and English.
And if your petition — whether filed by our office or another firm — receives an RFE, NOID, or denial, we prepare point-by-point responses grounded in the regulations, the USCIS Policy Manual, and controlling case law.
What the NIW Process Looks Like
Step 1 — Free Eligibility Evaluation. Submit your CV and Google Scholar (or equivalent) profile. Our attorney reviews your background under the Dhanasar framework and gives you an honest read: ready to file, worth strengthening first, or better suited to another category (such as EB-1A or O-1).
Step 2 — Strategy Petition Development. If you proceed, we define your proposed endeavor, design the evidence plan, draft and refine expert letters, and prepare the legal brief.
Step 3 — Filing and Follow-Through. We file your I-140 (with premium processing if appropriate — 45 business days for NIW), monitor the case, and handle any USCIS inquiry through to decision. When your priority date is current, we guide your I-485 adjustment of status or consular processing, including dependents.
Frequently Asked Questions
Do I need a job offer or employer sponsor?
No. The NIW is a self-petition. You can file while employed, between positions, or even from outside the U.S.
I'm a PhD student. Can I file before graduating?
Often, yes. We have obtained NIW approvals for PhD students whose research records already satisfied the Dhanasar framework. The evaluation will tell you whether your record is ready.
How long does it take?
Standard processing currently runs approximately 24 months; premium processing yields an I-140 decision within 45 business days. The green card timeline then depends on visa availability for your country of birth.
What if I was born in India or China?
You can still file. An approved NIW I-140 locks in your priority date, can support H-1B extensions beyond the six-year limit, and can support your spouse's H-4 work authorization while you wait.
NIW or EB-1A — which should I pursue?
It depends on the strength and shape of your record. In some cases we recommend filing both. The free evaluation covers this comparison.