On January 15, 2025, U.S. Citizenship and Immigration Services (USCIS) introduced updated policy guidance that clarifies how it evaluates eligibility for second preference employment-based (EB-2) immigrant petitions, particularly those involving a request for a National Interest Waiver (NIW). This update provides petitioners with a clearer understanding of the criteria required for approval.

Key Highlights of the New Guidance

1. Defining a Profession for Advanced Degree Holders
USCIS has clarified its approach to determining whether an occupation qualifies as a "profession" for advanced degree professionals. This clarification is especially significant for petitioners seeking to advance endeavors in specialized fields.

2. Specialty Experience Requirement
When petitioners rely on five years of post-bachelor's work experience to satisfy the advanced degree requirement, USCIS will now closely examine whether that experience aligns with the specialty area relevant to the NIW request. This ensures that experience is directly applicable to the proposed endeavor.

3. Exceptional Ability and its Relevance
Exceptional ability must now be explicitly tied to the proposed endeavor. USCIS will assess each case individually, placing emphasis on how the petitioner's ability relates to the national interest being served.

4. Assessing National Importance
A key factor in NIW determinations is the proposed endeavor's impact on a national level. The updated guidance reinforces that endeavors with only local or regional significance may not meet the national importance threshold.

5. Reviewing Supporting Documentation
Supporting evidence, such as business plans, letters of recommendation, and other documentation, will be subject to rigorous review to ensure petitioners are well-positioned to advance their proposed endeavors. This documentation should demonstrate the petitioner's qualifications and the endeavor's significance.

Building on Previous Policy Updates

This new guidance builds on prior USCIS policy updates that focused on STEM professionals and entrepreneurs. By offering detailed explanations for NIW eligibility across various fields, USCIS aims to promote fairness and consistency in its evaluation process.

Immediate Implementation

The new policy guidance took effect on January 15, 2025, and applies to all pending and future NIW requests submitted on or after that date.

Understanding the EB-2 NIW Process

EB-2 petitions typically require employer sponsorship and a labor certification from the U.S. Department of Labor. However, USCIS may waive these requirements if it determines that granting the waiver serves the national interest.

To qualify for an NIW, applicants must first demonstrate eligibility under the EB-2 category by:

• Holding an advanced degree and working in a professional field, or

• Possessing exceptional ability in the sciences, arts, or business.

The NIW allows petitioners to self-petition without employer sponsorship, provided they can demonstrate that their work benefits the national interest.

What This Means for NIW Petitioners

This updated guidance underscores USCIS's commitment to transparency and maintaining high standards for NIW petitioners. For individuals considering an NIW petition, it is essential to stay informed about these policy changes to prepare a strong and compelling case. Petitioners should ensure that their supporting documentation clearly demonstrates the national importance of their proposed endeavor and their ability to advance it effectively.

For further assistance or detailed guidance on filing an NIW petition, contact Saluja Law today. Our team stays up to date on immigration policy changes and is ready to help you navigate the NIW process with confidence.