Navigating Change: What Updated USCIS Guidance on EB-2 National Interest Waiver Means for Petitioners
Takeaways USCIS issued updated policy guidance on 1/15/25 on how it will evaluate candidates for EB-2 immigrant visas seeking a National Interest Waiver (NIW). USCIS will be more closely scrutinizing a candidate’s qualifications, profession, experience, and support letters. These changes will make it more difficult to obtain NIWs in the future. The U.S. Citizenship and Immigration Services (USCIS) updated its policy guidance on Jan. 15, 2025, to clarify how it will evaluate candidates’ eligibility for second preference employment based (EB-2) immigrant visa with a request for a National Interest Waiver (NIW). This update undoubtedly signals that the NIW process will be much more heavily vetted. Generally, an employer files an EB-2 petition using Form I-140 after receiving a PERM labor certification from the U.S. Department of Labor (DOL). When an employer files the labor application with DOL for certification, it must attest that it will not displace any ...