The short answer: yes, you can apply. There is no rule that a National Interest Waiver (NIW) applicant must have published papers. USCIS asks two things: first, do you qualify for EB-2; and second, does your petition answer the three questions set out in Matter of Dhanasar? Publications and citations are just one way to show ability. Plenty of engineers, entrepreneurs, healthcare professionals, and finance professionals have no publications at all. What matters is answering those three questions with other evidence.
What do you need before you can file an NIW?
The NIW is part of the employment-based second preference category (EB-2), so you first have to qualify for EB-2 in one of two ways:
- Advanced degree: a U.S. master's degree or higher, or a foreign equivalent; or a bachelor's degree plus 5 years of progressive post-degree experience in the specialty.
- Exceptional ability: expertise in the sciences, arts, or business significantly above what is ordinarily encountered. The regulations list 6 types of evidence, and you must meet at least 3: a relevant degree, 10 or more years of full-time experience, a license or certification, a salary that demonstrates exceptional ability, membership in professional associations, and recognition or significant contributions. Meeting 3 gets you in the door; the officer then weighs the evidence as a whole.
Publications are not required at this stage. Many applicants without papers clear the EB-2 bar on a master's degree or a bachelor's plus 5 years of experience.
What are the three Dhanasar prongs, and how do you meet them without publications?
In 2016, the Administrative Appeals Office (AAO) decided Matter of Dhanasar, which set the three-part NIW test still used today:
- The proposed endeavor has substantial merit and national importance.
- You are well positioned to advance the proposed endeavor.
- On balance, it would benefit the United States to waive the job offer and labor certification requirements.
Prong one is about what you plan to do in the U.S., not what you've published in the past. Describe the endeavor in concrete terms: what product you'll build, what problem you'll solve, who it will serve, and why its impact reaches beyond a single company or client. Simply saying "my industry is important" usually won't carry it.
Prong two is the one most often mistaken for a publication requirement. Dhanasar lists factors such as your education, skills, and knowledge; your record of success in related work; your plan or model for the future; progress you've already made; and interest from potential customers, users, investors, or relevant entities. Without publications, you can build evidence from:
- Projects you led or contributed to and what they achieved, such as products launched, technical solutions deployed, or revenue and efficiency gains;
- Patents, software copyrights, industry standards, or technical documentation;
- Industry adoption: other companies, institutions, or government agencies using your work;
- Media coverage, industry awards, invited talks, and service as a judge or reviewer;
- Contracts, letters of intent, investment, or funding records, which are especially useful for founders;
- Letters from independent experts explaining specifically what you did and what impact it had.
Prong three is a balancing test: why would making you go through the normal labor certification process actually work against U.S. interests? Common arguments include that your work doesn't fit sponsorship by a single employer, that your contribution benefits the U.S. even if other qualified U.S. workers are available, and that the endeavor is time-sensitive.
How does the 2025 Policy Manual update affect applicants without publications?
In January 2025, USCIS updated the NIW section of its Policy Manual (Volume 6, Part F, Chapter 5). Several changes matter directly to non-academic applicants:
- It clarifies how EB-2 eligibility is determined, and the proposed endeavor and occupation should line up with your education and experience;
- It adds examples of national importance, while stressing that general claims about boosting the economy or creating jobs are not enough;
- It explains how recommendation letters and business plans are evaluated. Letters should state specific facts, and business plans need real substance and feasibility, not just a vision.
The Policy Manual also notes that an advanced degree in a science, technology, engineering, or math (STEM) field, particularly in critical and emerging technologies, can be a favorable factor. That does not mean you can't apply without a STEM degree.
Where do applicants without publications usually get denied?
- The proposed endeavor is too vague. "Continue working in software development" or "continue doing financial analysis" says nothing about what exactly you'll do or how far the impact reaches.
- All past, no future. The résumé is impressive, but the petition never explains what endeavor you'll pursue in the U.S. or how.
- Boilerplate recommendation letters. The writers are all colleagues or friends, and the letters say "outstanding" and "significant contributions" without naming specific projects, numbers, or results.
- Confusing an important industry with national importance. AI, healthcare, and clean energy obviously matter, but you have to show why your specific endeavor matters.
It pays to do more work before filing. USCIS can deny a petition whose initial evidence is clearly insufficient without first issuing a Request for Evidence. Rather than filing and waiting for an RFE, get the endeavor description, exhibit list, and recommendation letters solid before you submit.
What does the NIW process look like?
- Prepare the petition: define the proposed endeavor, gather evidence of your education, work, and achievements, collect recommendation letters, and draft the petition statement.
- File Form I-140: you can self-petition for an NIW, with no employer sponsor and no labor certification. Your filing date becomes your priority date.
- Adjudication: you can request premium processing (Form I-907). The premium processing timeframe for NIW is longer than for a standard I-140, and the government fee is whatever USCIS has posted at the time.
- Waiting for a visa number: after the I-140 is approved, you wait for your priority date to become current, then file Form I-485 to adjust status inside the U.S. or go through consular processing. Wait times depend on country of birth; check the State Department's monthly Visa Bulletin.
How can Lingtu help?
We start by reviewing your education, work history, and achievements to see whether your EB-2 eligibility holds up, then work with you to pick the endeavor that will make the strongest petition. From there we build the evidence list, reach out to and draft recommendation letters, write the petition statement, and review every page before filing. The initial evaluation is free, and we can work with you in Chinese.
Lingtu Law APC
Related practice areas: Learn about the NIW (National Interest Waiver) → Learn about EB-1A (Extraordinary Ability) →
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