How the 2025 USCIS Updates Impact Your EB-2 NIW Petition

Published: March 19, 2025

The United States Citizenship and Immigration Services (USCIS) maintained an approval rate of 90 percent or higher for the EB-2 visa applications received between FY 2018 and FY 2023. Of these, the percentage of EB-2 petitioners requesting a National Interest Waiver (NIW) increased from 26 percent in FY 2022 to 43 percent in FY 2023. 

The process for the EB-2 NIW petition category continues to evolve. On January 15, 2025, USCIS updated its policy guidance on assessing eligibility for EB-2 petitions filed with a request for NIW. Under certain conditions, this waiver enables skilled immigrants to bypass the US Department of Labor (DOL) standard labor certification. 

This article highlights the key updates in USCIS policy guidance in 2025 and how such changes can impact applicants seeking NIW under the EB-2 classification, particularly those holding advanced degrees or exceptional abilities. 

USCIS Latest Policy Updates for EB-2 NIW Petitions

Understanding USCIS’s latest policy updates is crucial for successfully navigating the EB-2 NIW process. USCIS clarifies eligibility requirements and necessary evidence. Petitions pending or filed on or after January 15, 2025, are subject to the following EB-2 NIW changes: 

Eligibility requirements

USCIS highlights in the new policy that those seeking NIW must first satisfy the criteria fr an EB-2 visa either based on advanced degree or exceptional ability in the fields of business, sciences, or arts. 

Notably, USCIS reviews every case individually to determine if the proposed work is a profession for advanced degree holders and if their experience after their bachelor’s degree is relevant to the applicant’s specialty area. 

The update policy guidance also emphasizes the importance of establishing the relationship between exceptional skills and the proposed endeavor. USCIS consider any overlapping skillsets, expertise, and knowledge when evaluating whether the exceptional ability is connected to the endeavor proposed in the NIW request. 

National importance

There’s additional guidance about how USCIS determines national importance of a proposed endeavor. It underscores that a profession’s general importance is no longer sufficient to meet the criteria for national importance for an EB-2 NIW. Instead, USCIS also checks the following key evidence when checking the benefit of the proposed work to national security and economic growth: 

• Job creation or filling critical labor shortages
• Advancements in critical STEM fields, such as AI or quantum computing
• Contributions to economic or technological advancement

Required supporting evidence

The recent guidance points out that no single document will guarantee EB-2 NIW approval. as with all cases, USCIS considers all evidence together in every case. It clarifies the process by which USCIS evaluates evidence to support the EB-2 NIW petition. 

Below are required supporting evidence the agency examines when identifying whether the applicant is well-positioned to advance the endeavor proposed in the EB-2 NIW request. 

• Letters of support from experts or entities highlighting the work’s national importance
• Business plans that include detailed projections, clearly defined goals, and an assessment of market impact
• Achievements and relevant metrics demonstrating progress, such as patents, revenue growth, and job creation data

Special considerations

USCIS also clarifies the evidence necessary for entrepreneurs to qualify for EB-2 NIW. To strengthen their case, entrepreneurs seeking NIW must connect their business goals to national priorities. They must submit evidence, such as job creation, revenue potential, and substantial investments. 

Potential Impacts of the Recent EB-2 NIW Changes

Are you or a loved one considering or currently preparing an EB-2 NIW petition? The USCIS’s 

latest updates aim for fair and consistent petition processing. But at the same time, the recent changes have introduced the following implications for those seeking NIW under the EB-2 visa category: 

More rigorous assessment of qualifications

Recent changes require EB-2 NIW applicants to submit a more comprehensive and structured presentation of qualifications and proposed endeavor’s national importance. As requirements become more rigorous, USCIS will scrutinize each application more carefully. This can make it more challenging to secure NIW in the future. 

Additional scrutiny for entrepreneurs

There’s an entire section in the updated policy guidance dedicated to entrepreneurial applications. For instance, USCIS clarifies that not all entrepreneurs are automatically eligible for an NIW. Likewise, they will no longer accept vague claims about economic benefit or job creation, particularly from entrepreneurs. 

In particular, they must provide detailed evidence that clearly show the value of their work. No wonder Thus, entrepreneurs applying for EB-2 NIW can expect to face additional scrutiny in their application. 

Potentially longer processing times

Increased scrutiny and emphasis on the required evidence may result in longer processing times. It’s essential to prepare for potential delays in processing. Another notable impact is that well-documented EB-2 NIW petitions that adhere to the recent policy guidance may take advantage from the efficiency measures implemented by USCIS.

Tips to Maximize Your Chances of EB-2 NIW Approval

The NIW allows you to apply for a green card without a job offer. However, a strategic use of various forms of evidence is crucial to strengthen your self-petition. 

With the new policy guidance, you can understand the complex considerations USCIS officers take when adjudicating NIW petitions. Here’s how you can strengthen your EB-2 NIW application and maximize your approval chances: 

• Craft a cohesive story that shows how your past contributions and future potential benefit the US. 
• Provide strong evidence of expertise, such as diplomas, certifications, degrees, and licenses.
• Leverage publications in reputable journals to demonstrate your work’s credibility and national impact. 
• Reinforce national importance with strong recommendation letters from supervisors, field experts, and industry leaders. 
• Address documentation gaps or missing recognitions to prevent receiving a Request for Evidence (RFE) or denials. 
• Work with an immigration lawyer to keep your application up-to-date with the latest EB-2 NIW guidelines and avoid common pitfalls. 

Strategize Your EB-2 NIW Petition With ALG Lawyers

The new EB-2 NIW policy provides clearer guidance for applicants and employers. Still, a successful petition depends on leveraging different forms of evidence to substantiate one’s qualifications and contributions. With an experienced Los Angeles immigration attorney at ALG Lawyers, you can better understand the application complies with the latest guidelines. 

Our team has decades of experience handling immigration cases, from assessing your eligibility to compiling strong supporting documentation and increasing your chances of approval. Connect with us now for strategic guidance and assistance.