USCIS Updates Guidance for National Interest Waivers (NIW) under EB-2

The U.S. Citizenship and Immigration Services (USCIS) has updated its policy manual to clarify the eligibility evaluation process for employment-based second preference (EB-2) petitions that include a request for a National Interest Waiver (NIW).

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Key Updates in the Guidance

Typically, EB-2 petitions are submitted by an employer using Form I-140, Immigrant Petition for Alien Workers, after obtaining labor certification from the Department of Labor. However, USCIS may waive this requirement if the petition is deemed to benefit the national interest of the United States. Additionally, applicants may file their petitions independently.

To qualify for a National Interest Waiver, the applicant must meet the EB-2 classification requirements, either as a professional with an advanced degree or as an individual with exceptional ability in the sciences, arts, or business.

Highlights of the Update

Professionals with Advanced Degrees:

• USCIS will evaluate whether the proposed occupation qualifies as a profession.
• It will consider if five years of post-bachelor’s experience align with the required specialty.

Individuals with Exceptional Abilities:

• The applicant’s exceptional ability must be directly related to the proposed project outlined in the NIW petition.
• USCIS will review the applicant’s skills, knowledge, or relevant experience on a case-by-case basis.

Evaluation of the Proposed Endeavor:

• USCIS will assess the national importance of the project and the quality of evidence submitted, including support letters and business plans.
• It will also evaluate whether the applicant is well-positioned to advance the proposed project.

Implementation of the New Guidance

The updated guidance, outlined in Volume 6, Part F, Chapter 5 of the Policy Manual, is effective immediately and applies to pending or newly submitted applications as of January 15, 2025. This update supersedes all previous versions.

For more information on how to submit applications, interested parties can visit USCIS’s official page on EB-2 employment-based immigration or provide feedback through the Policy Manual feedback page.

Conclusion

This update provides clearer criteria for evaluating National Interest Waiver requests under EB-2, enabling applicants to better understand the requirements and prepare strong petitions that meet USCIS’s established standards.

From: https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-on-eb-2-national-interest-waiver-petitions 

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