Oct 3, 1995

New EB-2 NIW policy guidance is… not impressive.

A critical look at USCIS's recent EB-2 NIW policy guidance update and why it falls short of expectations.

USCIS released updated guidance on January 15, 2025 for EB-2 National Interest Waiver (NIW) petitions, aiming to clarify eligibility and evidentiary standards. However, in practice the changes are minor and do not significantly improve the NIW process.

The new guidance largely reiterates existing criteria (substantial merit, national importance, well-positioned applicant) and emphasizes meeting the underlying EB-2 requirements. While it acknowledges STEM fields more explicitly, many practitioners find the update 'not impressive' because it restates prior policy without introducing substantive improvements or flexibility in NIW adjudications.

USCIS released updated guidance on January 15, 2025 for EB-2 National Interest Waiver (NIW) petitions, aiming to clarify eligibility and evidentiary standards. However, in practice the changes are minor and do not significantly improve the NIW process.

The new guidance largely reiterates existing criteria (substantial merit, national importance, well-positioned applicant) and emphasizes meeting the underlying EB-2 requirements. While it acknowledges STEM fields more explicitly, many practitioners find the update 'not impressive' because it restates prior policy without introducing substantive improvements or flexibility in NIW adjudications.

EB-2 NIW guidance, USCIS policy 2025, NIW update

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AVA Migration

America Visa Advisory

447 Broadway, 2nd Floor 636, New York, NY 10013, USA

Copyright @ 2025 AVA Migration (America Visa Advisory)- All Rights Reserved

AVA Migration

America Visa Advisory

447 Broadway, 2nd Floor 636, New York, NY 10013, USA

Copyright @ 2025 AVA Migration (America Visa Advisory)- All Rights Reserved