On January 15, 2025, U.S. Citizenship and Immigration Services (USCIS) introduced updated policy guidance outlining how it evaluates eligibility for the second preference employment-based (EB-2) immigrant petitions that include a request for a National Interest Waiver (NIW). This clarification aims to assist petitioners in understanding the specific criteria required for approval.
Key Highlights of the New Guidance
The revised policy provides detailed explanations on several aspects of the NIW evaluation process:
- Defining a Profession for Advanced Degree Holders – USCIS clarifies how it determines whether an occupation qualifies as a profession when an advanced degree professional seeks to advance an endeavor.
- Specialty Experience Requirement – If a petitioner uses five years of post-bachelors work experience to meet the advanced degree requirement, USCIS will examine whether the experience is in the same specialty as the NIW request.
- Exceptional Ability and its Relevance – The updated guidance emphasizes that exceptional ability must directly relate to the proposed endeavor and will be assessed on a case-by-case basis.
- Assessing National Importance – USCIS will evaluate whether the proposed endeavor has a significant impact at a national level rather than being limited to local or regional benefits.
- Reviewing Supporting Documentation – Evidence such as business plans, letters of recommendation, and other supporting materials will be carefully analyzed to determine if the petitioner is well-positioned to advance their endeavor.
Building on Previous Policy Updates
This update expands on prior guidance that focused on STEM professionals and entrepreneurs. By providing more clarity, USCIS ensures a fair and consistent evaluation process for NIW petitioners across all fields of expertise.
Immediate Implementation
The policy update has been effective and applies to all pending and future NIW requests submitted on or after January 15, 2025.
Understanding the EB-2 NIW Process
Typically, EB-2 petitions require employer sponsorship and a labor certification from the U.S. Department of Labor. However, USCIS may waive these requirements if granting the waiver serves the national interest.
To qualify for an NIW, applicants must first establish eligibility under the EB-2 category by demonstrating that they either:
- hold an advanced degree and work in a professional field, or
- possess exceptional ability in the sciences, arts, or business.
This updated guidance underscores USCIS’s commitment to maintaining high standards while ensuring transparency for petitioners seeking a national interest waiver. For individuals considering an NIW petition, staying informed about these policy changes is crucial for preparing a strong and compelling case.
