Can You Apply for a National Interest Waiver Without a Master’s or PhD?
The National Interest Waiver (NIW) is a green card option for professionals, researchers, entrepreneurs, and other highly skilled individuals who want to obtain U.S. permanent residency without going through the labor certification process. But one of the most common questions we receive is this: Can I qualify for the NIW if I don’t have a master’s or PhD? The short answer is yes. While most NIW applicants hold an advanced degree, there are two alternative routes that allow individuals without a graduate degree to meet the eligibility threshold.
- Bachelor’s Degree + 5 Years of Progressive Experience
If you hold a U.S. or foreign equivalent of a bachelor’s degree and have at least five years of progressive work experience after completing your degree, you may be considered equivalent to someone with an advanced degree. The key here is that the experience must show increasing levels of responsibility, skill, or leadership—and be directly related to your proposed endeavor in the U.S.
- Exceptional Ability
If you don’t have a bachelor’s degree, you may still qualify by proving exceptional ability in your field. This requires meeting at least three out of seven regulatory criteria, such as:
- Recognition for achievements or significant contributions to your field
- Membership in professional associations
- Commanding a high salary due to your skills
- Licensure or certification in your profession
Exceptional ability means a degree of expertise significantly above that ordinarily encountered in your field.
Meeting the Threshold is Just the First Step
These qualifications—either advanced degree, bachelor’s + 5 years, or exceptional ability—are just threshold requirements. Once you meet one of them, you must still pass the three-prong test from Matter of Dhanasar, which evaluates the merits of your petition:
- Substantial Merit and National Importance of your endeavor
- Whether you are well-positioned to advance the endeavor
- A balancing test showing it benefits the U.S. to waive the job offer and labor certification requirement
Final Thoughts
Not having a master’s or PhD does not automatically disqualify you from the NIW. The most important part of your case is how well you can show your impact, your qualifications, and the national benefit of your work.
