From Runway to Residency: Understanding How Creatives Can Qualify for the National Interest Waiver

For many creative professionals, the idea of building a career in the United States is both exciting and daunting. Navigating the immigration system can often feel overwhelming, especially for those whose work does not fit neatly into traditional visa categories. Fortunately, the National Interest Waiver (NIW) offers a promising pathway for creative professionals to secure lawful permanent residency by demonstrating that their talents and contributions serve the national interest of the U.S. Whether you are a designer, artist, or influencer, understanding this option may be your “runway” to residency.

Understanding the Fabric of National Interest Waivers

The National Interest Waiver (NIW) is a subcategory of the EB-2 employment-based green card. To qualify for the NIW, an applicant must first meet the basic requirements of the EB-2 category either by holding an advanced degree or by demonstrating exceptional ability in the sciences, arts, or business. Typically, EB-2 applicants must also have a U.S. employer sponsor them and obtain a labor certification from the Department of Labor. However, the NIW allows applicants to bypass the job offer and labor certification requirements if they can demonstrate that their work is in the national interest of the United States.

If the “dressed up” explanation is confusing, we’ll provide the “plain clothes” version in Italics:

Plain Clothes Version: If your work is important enough on its own merits, and benefits the country in a meaningful way, you can apply for permanent residence without needing a job offer.

Can Fashion Designers Make the Cut?

The simple answer is yes. Of course, it depends on a variety of factors and your specific portfolio, but applying as a fashion designer or as another creative profession does not result in an automatic NIW denial.

While the NIW is often associated with STEM professionals (researchers, physicians, engineers, etc.), USCIS (U.S. Citizenship and Immigration Services) recognizes that cultural contributions, innovation, and global influence can also serve the national interest. For fashion designers, this could mean creating work that has been featured in prestigious international publications or runways, designing for socially or culturally significant initiatives, and/or receiving awards or critical acclaim that highlight your influence beyond commercial success.

One example from a different creative field illustrates this perfectly. In a case published by Neil Dornbaum in the 1998-99 Immigration & Nationality Law Handbook, the applicant is a musicologist who specialized in “musical archaeology,” and their endeavor focused on uncovering and preserving forgotten classical works through a boutique American record label.

This applicant argued that their recordings brought historically significant compositions (ignored by mainstream labels) back to life. These compositions would enrich U.S. cultural heritage and contribute to the classical music industry. The applicant included, as evidence, presidential proclamations recognizing the importance of preserving the arts, congressional support for arts funding, and endorsements from respected academics and cultural leaders. Through these materials, the applicant demonstrated how their work directly advanced national interests in arts preservation, education, and cultural leadership.

This case highlights how even niche or highly specialized creative work can satisfy the requirements for the NIW. While this specific decision predates the current Matter of Dhanasar criteria (established in 2016), the core principle of the case remains the same. In fact, the success of this application under the older and arguably more rigid standard suggests that similar cultural contributions would meet today’s criteria as well. The current framework, which was defined by the Matter of Dhanasar, is discussed below.

The Legal Stitching: Understanding Legal Criteria

The NIW involves a three-prong test, clarified by the Matter of Dhanasar decision in 2016. To qualify, an applicant must show: (1) their endeavor has substantial merit and national importance, (2) they are well-positioned to advance the endeavor, and (3) the “balancing test,” that is, why their benefits are worth the waiver.

1. Substance Over Style: Proving “Substantial Merit” and “National Importance”

The first prong, defined in Matter of Dhanasar, is “that the foreign national’s proposed endeavor has both substantial merit and national importance.” Notably, these terms have been interpreted broadly and can encompass a wide range of fields and endeavors. 

As noted in the USCIS Policy Manual Volume 6 Part F Chapter 5, “[t]he endeavor’s merit may be demonstrated in areas including, but not limited to, business, entrepreneurship, science, technology, culture, health, or education.” Moreover, the policy manual clarifies that, “if the evidence of record demonstrates that the person’s proposed endeavor has the significant potential to broadly enhance societal welfare or cultural or artistic enrichment, or to contribute to the advancement of a valuable technology or field of study, it may rise to the level of national importance.”

Plain Clothes Version: Your work must be valuable and have broader implications. This value could be shown in a number of ways such as contributing to culture, the economy, education, or public interest. For creatives, this might mean demonstrating how your work impacts or advances the field, not just that it sells well. For example, a fashion designer may discuss innovative manufacturing practices that will enhance domestic reshoring, bringing jobs back to U.S. soil.

2. Showcasing Your Work: Are You “Well-Positioned”?

The second prong is evaluating whether the person is well positioned to advance their specific endeavor. As noted in the USCIS Policy Manual, USCIS considers the applicant’s “education, skills, knowledge, and record of success in related or similar efforts” as strong evidence for being well-positioned. Factors can include a model or plan the person has developed, any progress towards achieving their proposed endeavor, and any interest or support garnered by the person from potential customers, users, investors, etc.

In order to provide substantial evidence, the petitioner should also submit evidence to document their past achievements. Although USCIS does suggest that a “person may be well-positioned to advance an endeavor even if the person cannot demonstrate that the proposed endeavor is more likely than not to ultimately succeed,” in reality, unsubstantiated or implausible claims may be difficult to prove.

Plain Clothes Version: You must show that you have the track record, experience, and recognition to carry out your work in the U.S. This includes a strong portfolio, media coverage, letters of recommendation, and other evidence of past success. 

You can think about this section like a college application. In order to prove to a college that you are a good candidate for admissions, you have to prove yourself using your grades, extracurriculars, standardized test scores, etc.

3. The Balancing Act: Why the U.S. Needs You

The final prong of the National Interest Waiver (NIW) requires showing that the applicant’s contributions would provide unique benefits that outweigh the standard labor market protections. This criteria is a bit more murky than the previous two and is likely evaluated by USCIS far more subjectively. However, establishing clear and strong evidence for the first and second prong are likely to help.

To meet this criteria, one must provide evidence for the following: (1) the impracticality of a labor certification application, (2) the benefit to the United States (even if other U.S. workers were also available), or (3) the national interest in the person’s contributions is sufficiently urgent. Although there are three alternative ways to satisfy the third prong, providing support for multiple categories can be beneficial for your case.

Notably, the Matter of Dhansar framework and USCIS guidance recognize that entrepreneurs often occupy roles that do not fit traditional employer-employee models so creative professionals can often argue that they fit into this category.

Plain Clothes Version: It must be clear that waiving the labor certification process would benefit the U.S. more than requiring you to go through it. In other words, it’s in the nation’s interest to allow you to stay and work without the usual employer sponsorship.

Tailored Advice: Tips for Creative Professionals Applying for the NIW

Building a compelling case may feel daunting, but it is achievable with the right approach. 

1. Create a strong paper trail. Remember that the agent at USCIS is not judging your talent subjectively. You can use this to your advantage. They likely have no expertise on fashion, art, or whatever creative niche you are an expert in. Rather, they are looking for documented recognition – press releases, newspaper articles, testimonials, awards, invitations to speak. Although the adage “less is more” is good advice in many situations, this is likely not one of them. Ideally, you provide enough evidence to convince an “average person” that your work is unequivocally in the national interest of the United States so that you are able to bypass the job offer and labor certification requirements.

2. Clearly connect your work to a national interest. For example, instead of just focusing on sales or popularity, you might show how your designs or creations shape public conversations, inspire emerging talent, or promote economic growth in a specific sector. USCIS wants to see that your influence goes beyond personal success and makes a meaningful impact on communities or industries. Think about how your achievements demonstrate value to the broader society, and gather concrete examples that highlight this connection. More importantly, ensure that the public interest you are highlighting is also in line with the administration’s current goals.

Consider working with an immigration attorney who understands creative fields. The language used in immigration petitions can make or break your case. An experienced attorney can help translate your artistic accomplishments into a clear narrative that USCIS officers will understand. 

N.B. For more specific information about the National Interest Waiver, please refer directly to the USCIS website linked here.