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Immigration Pathway

The NIW Petition (EB-2).
National Interest Waiver.

The self-petitioned pathway for professionals whose proposed work serves a demonstrable U.S. national interest. No employer sponsor. No PERM labour certification.

Dhanasar
3-prong framework
15 days
Premium processing
No PERM
No labour certification
Overview

What is the NIW (EB-2)?

The NIW allows advanced degree professionals and those with exceptional ability to self-petition for permanent residency without employer sponsorship or PERM labour certification.

The petitioner must demonstrate that their proposed work is in the U.S. national interest — assessed under the three-prong test established in Matter of Dhanasar (2016).

Self-petitioned

No employer, no PERM, no labour certification.

Filed with EB-1A

Same priority date. Single evidence record. Strategic redundancy.

Dhanasar framework

All three prongs must be satisfied.

Three prongs. All must be satisfied.

The Dhanasar three-prong test governs every NIW petition. Burlington Consult maps each prong to your specific evidentiary record.

1
Substantial merit and national importance
The proposed endeavour must have substantial merit and national importance. Merit may be established across business, science, technology, health, culture, or education.
2
Well positioned to advance the endeavour
USCIS considers education, skills, knowledge, record of success, a plan for future activities, and interest from relevant third parties.
3
On balance, beneficial to waive
USCIS must find that the national interest benefit outweighs the standard procedural requirement of a job offer and labour certification.
Burlington's approach

The proposed endeavour is everything.

The most critical single decision in the NIW petition is the proposed endeavour — the specific framework that satisfies all three Dhanasar prongs.

Burlington Consult develops the proposed endeavour from your specific documented record, connecting it to documented U.S. federal priorities. This is not a generic statement — it is a bespoke legal argument.

Errors at the proposed endeavour stage are not correctable by adding stronger evidence later. Burlington stress-tests every framework before drafting begins.

Filed simultaneously with EB-1A

One evidence record. Two pathways. One priority date.

Strategic redundancy

If one petition gets an RFE, the other continues independently.

Key leads on your case
Afiong Ibio, Esq.
Afiong Ibio, Esq.
Director and Head of Legal, Nigeria
Efezino Onyeke
Efezino Onyeke
Legal Analyst

Ready to build your proposed endeavour?

30 minutes. We'll assess your profile against the Dhanasar framework and identify the strongest field of endeavour.