USCIS Updates Guidance on EB-2 National Interest Waivers

At Elarar Law, we strive to keep our clients informed about important updates that may impact their immigration cases. U.S. Citizenship and Immigration Services (USCIS) recently announced updates to its Policy Manual clarifying how eligibility for the EB-2 National Interest Waiver (NIW) is evaluated. These changes, effective immediately, apply to petitions pending or filed on or after January 15, 2025.

The EB-2 category generally requires a labor certification and a job offer; however, USCIS may waive these requirements if granting the waiver is in the national interest. Individuals seeking an NIW can self-petition using Form I-140 without requiring an employer’s sponsorship.

What’s New in the Guidance?

The updated guidance highlights the following key clarifications for EB-2 NIW petitions:

1. Eligibility Requirements:

   • For advanced degree professionals, USCIS will assess whether the petitioner’s occupation qualifies as a “profession” and, if applicable, whether five years of post-bachelor’s experience is in the relevant specialty.

   • For individuals of exceptional ability, USCIS will evaluate whether the exceptional ability is directly related to the endeavor proposed in the NIW petition. This determination will be made on a case-by-case basis, taking into account shared skillsets, knowledge, and expertise.

2. National Importance of the Proposed Endeavor:

   • USCIS provides additional details on how it evaluates whether the petitioner’s proposed endeavor has “national importance.” Evidence such as letters of support and business plans will play a critical role in establishing this factor.

3. STEM and Entrepreneurial Considerations:

   • This guidance builds on prior updates addressing special considerations for individuals in science, technology, engineering, and math (STEM) fields, as well as entrepreneurs.

     
     

What Does This Mean for Petitioners?

For those pursuing an EB-2 NIW, the new guidance offers greater clarity on how USCIS evaluates key factors, such as the petitioner’s qualifications, the connection between their exceptional ability or advanced degree and the proposed endeavor, and the endeavor’s national significance. This update emphasizes the importance of submitting strong supporting evidence, including letters of support, business plans, and documentation that demonstrates how the endeavor aligns with U.S. national interests.

As always, the Elarar Law team is here to help you navigate these changes and ensure your EB-2 NIW petition is well-positioned for success. Contact us today for guidance on how this updated policy may affect your case.

For more information, visit the USCIS Policy Manual Update or reach out to us for personalized assistance.