On January 15, 2025, U.S. Citizenship and Immigration Services (USCIS) issued updated guidance for EB-2 National Interest Waiver (NIW) petitions. This update provides clearer guidelines for USCIS officers, ensuring consistency in the adjudication process and offering valuable insights into the complex considerations involved.
Key Changes in Guidance
- Eligibility Criteria: The updated guidance clarifies how USCIS evaluates eligibility for the EB-2 classification. Petitioners must first demonstrate that they qualify for the EB-2 classification as either:
- Advanced Degree Professionals: The petitioner must have a U.S. advanced degree (or its foreign equivalent) or a U.S. bachelor’s degree plus at least five years of post-bachelor’s progressive experience in the specialty. USCIS will assess whether the occupation qualifies as a “profession” and if the required experience aligns with the proposed NIW endeavor.
- Exceptional Ability Individuals: The petitioner must demonstrate exceptional ability in the sciences, arts, or business. This exceptional ability must directly relate to the proposed endeavor for which the NIW is requested. USCIS will evaluate this on a case-by-case basis, considering shared skillsets, knowledge, or expertise
- National Importance: The guidance clarifies how USCIS determines if a proposed endeavor has national importance, a critical element for NIWs. The endeavor must align with elements of national importance to the U.S., including strategic priorities, economic needs, or cultural and societal interests.
While each case is evaluated individually, projects that address critical issues impacting an entire field, region, or country are prioritised. USCIS requires evidence that connects the benefits of the proposed endeavour to the U.S. national interest. The endeavour itself—rather than just the field or issue—must be of national significance. Applicants must highlight how their endeavour contributes to national priorities and objectives, not just the importance of the field or issue being addressed.
The guidance emphasises that vague assertions of economic benefit or job creation without concrete supporting evidence do not establish national importance. Supporting evidence should demonstrate a clear and tangible impact that directly addresses national needs.
- STEM Field: The guidance highlights the significance of contributions in science, technology, engineering, and mathematics (STEM). However, USCIS has removed previous guidance that broadly linked STEM-related endeavors to national importance. Applicants in STEM fields must now provide specific evidence showing how their proposed projects have substantial merits and national importance. This change requires a more detailed demonstration of how their work benefits the U.S.
- Entrepreneurs: USCIS emphasizes that not every entrepreneur qualifies for a National Interest Waiver. Entrepreneurial work must be directly tied to a significant national interest. USCIS has provided examples of suggested evidence for entrepreneurial endeavors but clarifies that no single piece of evidence guarantees approval. Applicants should clearly demonstrate how their work aligns with U.S. national interests and benefits the economy significantly.
- Broader Evidence Considerations: USCIS now explicitly encourages petitioners to include letters of support from authoritative sources, such as government agencies and industry experts, to corroborate the importance of the proposed endeavor.
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Conclusion
The EB-2 NIW remains a viable alternative to the lengthy PERM labor certification process. However, the new guidance suggests a higher bar for approval. As USCIS implements these changes, applicants will need to carefully tailor their petitions to meet the updated standards, ensuring comprehensive documentation and clear articulation of their contributions to national interests.
FAQs
The processing time for an EB-2 NIW varies but typically takes 8 to 24 months. Premium processing is now available, reducing the time to 45 days after submission.
USCIS evaluates: (1) the proposed endeavor’s national importance, (2) the applicant’s qualifications to advance the endeavor, and (3) whether waiving the job offer requirement benefits the U.S.
Approval rates depend on the applicant’s credentials and petition quality, but the success rate is generally 70-80%, provided strong evidence is submitted.
The proposed endeavor refers to the applicant’s field of work and its potential benefit to the U.S., which should be well-documented in the petition.
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Zechen Feng
Zechen Feng is the founder and principal attorney at Feng Immigration Law, where he is dedicated to helping individuals and families navigate the U.S. immigration system with clarity and confidence. With extensive experience in immigration law and a personalized approach to every case, Zechen is passionate about advocating for his clients’ rights and futures. Through the blog, he shares practical guidance, legal updates, and expert insights to empower those on their immigration journey.
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