Many professionals who are new to the U.S. immigration process hear about the National Interest Waiver (NIW) and assume that getting it approved means they receive a green card. This is a common misunderstanding. In reality, an NIW approval is only one part of a multi-step immigration process—it does not grant lawful permanent residency on its own.
What Is the NIW?
The National Interest Waiver is a type of employment-based immigration petition under the EB-2 category. It allows applicants to request that the U.S. government waive the requirement for a job offer and labor certification if their proposed work is in the national interest of the United States.
This request is submitted to U.S. Citizenship and Immigration Services (USCIS) as part of an I-140 immigrant petition. If USCIS approves the I-140 petition with the National Interest Waiver, it simply means that the agency agrees your background and proposed work meet the standards to qualify you for a green card in principle. But it does not mean you now hold permanent resident status.
NIW Approval is Only the First Step
Think of the NIW as one phase in a longer journey. The green card process generally involves at least two major steps:
1: Immigrant Petition (I-140) – This is where the NIW is reviewed and, if approved, establishes that you are eligible to apply for a green card in the EB-2 category.
2: Green Card Application – This is where you actually apply to become a lawful permanent resident, either by filing a Form I-485 if you are inside the U.S., or by going through consular processing if you are outside the U.S.
It is only after completing this second step that you receive your green card.
Approval Does Not Grant Entry into the United States
Some people believe that once their NIW is approved, they can immediately travel to the U.S. or begin working there. That is not the case. NIW approval does not provide any legal status or visa. It does not grant work authorization, and it does not allow you to enter the U.S.
If you are living abroad, you must still wait for your priority date to become current (based on the visa bulletin), complete a visa interview at a U.S. embassy or consulate, and receive an immigrant visa before entering the country as a lawful permanent resident. If you are already in the U.S., you must wait until your priority date is current before you can submit a green card application (Form I-485).
Why the Distinction Matters
Understanding the difference between NIW approval and green card approval is essential for proper planning. Many applicants mistakenly believe that once they receive the NIW approval notice, they can resign from their current job, move to the U.S., or consider themselves a permanent resident. That is not true, and acting on that misunderstanding can lead to serious consequences such as visa violations or disruptions in travel plans.
By recognizing that NIW approval is a gateway, not the final destination, you can make more informed decisions about your timeline, legal status, and next steps in the green card process. If you are considering NIW as a pathway to U.S. permanent residency, it’s important to view it as one piece of a larger process. Success at each stage requires careful preparation, and the green card itself only comes after all stages are completed.
Thath Kim II
US Attorney
Licensed in Oregon
11F 1108, Seocho-daero 77gil 17, Seocho-gu, Seoul, Republic of Korea 06614