EB-2 · NATIONAL INTEREST WAIVER
NIW Process Guide
Understand the NIW application process, processing times, and key differences from PERM—all in one place.
01 · NIW TIMELINE
NIW process timeline
02 · COMPARISON
PERM vs NIW
| Category | PERM | EB-2 NIW |
|---|---|---|
| Employment-based category | May be used for EB-2 or EB-3 | An EB-2 category |
| Petitioner | Usually the employer | Self-petition or company-filed |
| PWD and recruitment | Usually requires PWD and PERM recruitment | Does not use the regular PERM recruitment process |
| Core showing | Show that no qualified U.S. worker is available | Show that the work meets the NIW national-interest standard |
| Priority Date | Generally the PERM receipt date | Generally the I-140 receipt date |
| Main source of waiting | PWD, recruitment, PERM, and then I-140 | I-140 processing and Visa Bulletin availability |
03 · USCIS DATA
Five-year NIW approval trend
Calculated from USCIS I-140 data and shown from newest to oldest fiscal year.
| Fiscal year | Approval share | Approved | Denied | Period / note |
|---|---|---|---|---|
| FY2026 | 45.5% | 5,410 | 6,486 | First half 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 |
Important: this is the share of approvals among cases that received an approval or denial during the same period—not the probability that an individual case will be approved.