USCIS Clarifies Evaluation Standards for EB-2 National Interest Waiver (NIW) Petitions
U.S. Citizenship and Immigration Services (USCIS) has released updated policy guidance to clarify how it evaluates eligibility for Employment-Based Second Preference (EB-2) immigrant petitions that request a National Interest Waiver (NIW).
Under normal circumstances, an EB-2 petition is filed by an employer using Form I-140, Immigrant Petition for Alien Workers, after first obtaining a labor certification from the U.S. Department of Labor. However, USCIS may waive both the job offer and labor certification requirements when granting an NIW, provided doing so serves the national interest of the United States. Individuals pursuing an NIW may also self-petition.
To qualify for an NIW, a petitioner must first meet the criteria for the underlying EB-2 classification. This means demonstrating eligibility either as:
- A professional holding an advanced degree, or
- An individual with exceptional ability in the sciences, arts, or business.
The updated guidance explains how USCIS evaluates these qualifications in more detail. For advanced degree professionals, USCIS clarifies how it determines whether the proposed endeavor falls within a recognized profession and, where applicable, whether the required five years of post-bachelor’s experience is directly related to the specialty.
For petitioners claiming exceptional ability, the guidance emphasizes that such ability must be closely connected to the proposed endeavor. USCIS will assess this relationship on a case-by-case basis, considering overlapping skills, knowledge, and expertise relevant to the endeavor.
The guidance also expands on how USCIS assesses whether a proposed endeavor has national importance, and how it evaluates supporting evidence—such as recommendation letters and business plans—when determining whether a petitioner is well positioned to advance the endeavor.
This update builds upon prior revisions to the USCIS Policy Manual that addressed special considerations for individuals with advanced degrees in science, technology, engineering, and mathematics (STEM) fields, as well as entrepreneurs.
The new guidance is published in Volume 6, Part F, Chapter 5 of the USCIS Policy Manual and is effective immediately. It applies to all NIW requests that are pending or filed on or after the publication date. As controlling policy, it supersedes any related prior guidance.
For additional details and filing tips, applicants may refer to Employment-Based Immigration: Second Preference (EB-2). USCIS also invites public input through the Policy Manual Feedback page regarding this update.
