Why This Matters Now

In early 2025, USCIS began applying a more restrictive interpretation to EB-2 National Interest Waiver (NIW) cases. This shift means that cases that might have been approved in the past are now reviewed more closely and must meet higher evidence requirements.

For professionals seeking U.S. permanent residency through this pathway, these changes could significantly affect the way your case is prepared, documented, and presented.

In this article, we break down what’s changed, what USCIS is looking for, and how to strengthen your petition under the new interpretation. To make things clearer, we’ve included examples adapted from the official USCIS guidelines. Our goal is to help you understand these updates so you can take the right steps toward a successful outcome.

What is the EB-2 Category?

The Employment-Based Second Preference (EB-2) category is designed for professionals who either:

• Hold an advanced degree (or its foreign equivalent) beyond a bachelor’s degree, or
• Have exceptional ability in the sciences, arts, or business.

Understanding the National Interest Waiver (NIW)

The National Interest Waiver — often called NIW — is a way for certain EB-2 applicants to skip the job offer and labor certification requirements. In simple terms, if your work is important enough that it benefits the United States as a whole, USCIS can “waive” those steps and let you apply directly.

To qualify for an NIW, you still need to meet the basic EB-2 requirements (advanced degree or exceptional ability). But instead of proving there’s no U.S. worker for your job, you must show that your work serves the national interest.

USCIS applies a three-part test from a case called Matter of Dhanasar to make this determination:

1. Substantial merit and national importance – Your work must have real value and a broad impact, either nationwide or within your field.
2. Well-positioned to advance the endeavor – You must have the background, skills, and resources to move your work forward successfully.
3. Waiving the job offer benefits the U.S. – It must be in the country’s best interest to skip the usual labor certification step in your case.

Throughout this article, we’ll reference examples adapted from the official USCIS website to show how these rules work in practice.

The 2025 Shift — More Restrictive Interpretation by USCIS

In 2025, USCIS began interpreting NIW requirements much more narrowly. The bar for approval is now significantly higher, and officers are focusing on clear, measurable benefits to the United States — not just general statements about potential contributions.

Key changes we’re seeing include:

• Higher evidentiary standards – Strong credentials alone are no longer enough; you must provide concrete proof of impact.
• Stricter view of “national importance” – Your work needs to show a direct link to U.S. priorities, supported by credible evidence.
• Proof over potential – Demonstrating that you are “well-positioned” now requires documented achievements, not just plans or intentions.

Petitions that are vague, overly broad, or based on unproven future possibilities are now far more likely to be denied. To succeed, your case must be specific, data-driven, and supported by solid evidence.

How the New Interpretation Changes Your Approach

Before: Having strong academic credentials, a notable career, and a well-written personal statement often carried significant weight in NIW cases. If your background was impressive and your work seemed valuable to the United States, that could be enough to secure approval.

Now: USCIS expects much more. Officers want detailed, verifiable evidence that backs up every claim you make. This may include:

• Partnership or collaboration letters from recognized U.S. organizations.
• Documentation of funding, grants, or investment tied to your work.
• Measurable results — such as jobs created, research published, products launched, or public benefits achieved.

Today, the focus is on tangible U.S. benefits directly connected to your work. It’s not enough to show that you are talented or accomplished; you must clearly prove how your efforts serve a specific, identifiable U.S. interest and why that benefit is significant enough to bypass the labor certification process.

USCIS Examples Explained (Adapted)

To better understand how the EB-2 and National Interest Waiver (NIW) requirements can apply in real life, here are a few examples adapted from official USCIS guidance.

• Example 1: Public Health Researcher. A professional with an advanced degree is leading an innovative research project to combat a significant U.S. public health issue. Their work has the potential to improve treatment methods, reduce healthcare costs, and save lives nationwide.
• Example 2: Job-Creating Entrepreneur. An entrepreneur is launching a business in a critical U.S. industry, such as renewable energy or advanced manufacturing. The venture is projected to create numerous high-quality jobs for U.S. workers and strengthen the domestic economy.
• Example 3: Specialist in a Shortage Field. A highly skilled specialist works in an area where the U.S. faces a documented shortage of qualified professionals — for example, certain types of medical practitioners, STEM experts, or engineers. Their expertise directly addresses a gap that impacts national priorities.

These examples are adapted from official USCIS guidance to help illustrate how the criteria can apply in real-world situations.

Practical Tips for Stronger EB-2 NIW Petitions

EB-2 Advanced Degree Professional Eligibility

To qualify, you must have either:

1. A U.S. advanced degree (master’s or higher) or foreign equivalent, OR
2. A U.S. bachelor’s degree (or foreign equivalent) plus 5 years of progressive, post-degree experience in your field.

Experience must be gained after earning your bachelor’s degree and must be directly related to your degree or proposed endeavor.
The occupation must be a profession—meaning it normally requires at least a bachelor’s degree for entry.

Examples from the Policy Manual:

• While a person with a master’s degree or Ph.D. in engineering proposing an endeavor in the field of engineering may qualify as an advanced degree professional, a similarly educated person who intends to start a bakery may have difficulty establishing that they are an advanced degree professional. While the engineering degree is an advanced degree and the occupation of engineer is a profession, the occupation of baker does not typically require a bachelor’s degree or its foreign equivalent degree for entry into the occupation. The occupation underlying the endeavor is determinative.
• Progressive experience in a field unrelated to the bachelor’s degree does not equate to an advanced degree in that field. For example, a bachelor’s degree in chemistry followed by 5 years of experience as a restaurant manager generally does not equate to a master’s degree in chemistry for the purpose of pursuing a chemistry-related endeavor. It is the petitioner’s burden to demonstrate by a preponderance of the evidence that the progressive experience is related to the specialty. USCIS determines whether experience is related to the specialty on a case-by-case basis.

EB-2 Person of Exceptional Ability Eligibility

To qualify, you must:

1. Provide evidence meeting at least 3 of the 6 USCIS criteria for exceptional ability in the sciences, arts, or business.
2. Show that, overall, you possess a level of expertise significantly above the norm in your field.
3. Explain how your exceptional ability directly supports your proposed endeavor in the United States.

Example from the Policy Manual:

• A person who has computer science education or experience that does not equate to the definition of an advanced degree and who is proposing an endeavor related to computer science may qualify as a person with exceptional ability if USCIS determines that they have satisfied at least 3 of the 6 regulatory criteria and demonstrated their exceptional ability in an area such as computer science, which is directly related to their endeavor. However, if a person with the same credentials were to propose an endeavor that does not relate to the area of computer science, that person would generally not qualify for the classification even if they have exceptional ability in computer science.

Eligibility for National Interest Waiver

Prong 1: Demonstrating Substantial Merit and National Importance

To satisfy this prong, you should:

• Provide a detailed and specific description of your proposed endeavor, supported by credible documentary evidence, to show that it carries substantial merit and national importance.
• Clarify that an “endeavor” is distinct from your general occupation by outlining exactly what you intend to do within your field and how your work will be carried out.
• Present your explanation in a clear, straightforward manner, describing both the direct impact of your work and whether it will be pursued through your current or prospective employer, or through another channel.
• Understand that benefiting a single employer, even one with nationwide operations, is not sufficient; the focus must be on how your personal endeavor has broader implications for your industry, geographic region, or the public at large.

Key change: USCIS has been rejecting petitions where applicants simply highlight the importance of their occupation without demonstrating specific national impact.

Examples from the Policy Manual:

• While engineer is an occupation, the explanation of the proposed endeavor should describe the specific projects and goals, and the area of engineering in which the person will work, rather than simply listing the duties and responsibilities of an engineer.
• A proposed endeavor to engage in classroom teaching, without broader implications for a field or region, generally does not rise to the level of having national importance for the purpose of establishing eligibility for a national interest waiver. Citing the general importance of the profession of classroom teaching would not alone be sufficient to demonstrate national importance in the context of a national interest waiver request.
• Proposing to work in an occupation with a national shortage or serve in a consulting capacity for others seeking to work in an occupation with a national shortage alone, is also insufficient.
• A person developing a drug for a pharmaceutical company may establish national importance by demonstrating the prospective public health benefits of the drug, instead of solely projecting the profits that will accrue to the employer.
• A person developing a particular technology for use or sale by a given company may not be able to establish national importance based on evidence that this technology will have benefits for the company or its clients alone. To establish broader public or commercial implications at a level consistent with national importance for this field or industry, the petitioner could demonstrate, through the submission of relevant evidence, widespread interest in adoption or licensing of the technology, a novel and important manufacturing or operational process, or how the technology stands to impact the development of similar technology by other companies.
• A software engineer adapting their employer’s code for various clients will have difficulty demonstrating the national importance of that endeavor, absent additional broader impacts supported by specific evidence.
• An entrepreneur cannot demonstrate national importance solely by opening a consulting firm for those working or seeking to work in a nationally important occupation. Similarly, statements and evidence regarding the importance of the relevant industry overall, such as the car dealership industry, will not demonstrate that a person seeking to start a car dealership satisfies the national importance prong.

Prong 2: Demonstrating That You Are Well-Positioned to Advance Your Endeavor

To meet this prong, you should:

• Present evidence of your qualifications—including education, professional skills, specialized knowledge, and a proven record of success in similar or related work.
• Provide documentation of a detailed proposal or strategic plan for your future activities, highlighting your role in creating or substantially contributing to it.
• Clearly explain how you will carry out your endeavor, whether through employment with a specific organization, your own enterprise, or another professional arrangement, and show any concrete progress already made toward that goal.
• Submit proof of support, interest, or commitments from relevant third parties, such as potential customers, clients, investors, partners, or industry organizations.
• Include letters from recognized experts in your field who have direct, first-hand knowledge of your achievements. These letters should describe your accomplishments in detail, provide specific examples of your ability to advance the endeavor, and be backed by independent, corroborating evidence. Letters from government/government-related agencies evidencing that they are interested in your endeavor.
• There is no specific list of evidence to be provided, and it is highly dependent on the nature of your endeavor.
• Understand that business plans or similar documents are valuable in explaining your objectives but should be supported by credible, independent evidence to maximize persuasiveness.

Key change: General work experience does not prove that an applicant is well-positioned. Include specific details about your record of success with similar endeavors and past achievements and how they indicate a high likelihood of continued success.

Examples from the Policy Manual:

• USCIS considers an advanced degree, particularly a Doctor of Philosophy (Ph.D.), in a STEM field tied to the proposed endeavor and related to work furthering a critical and emerging technology or other STEM area important to U.S. competitiveness or national security, an especially positive factor to be considered along with other evidence for purposes of the assessment of whether you are well-positioned to advance your endeavor
• Evidence that a person has general work experience in a given field may not be sufficient to demonstrate that such a person is well-positioned to start a consulting business providing expertise in that field. For instance, if a person’s experience in banking is limited to working as a teller or accounts manager, USCIS may determine that the person has not established they are well-positioned to advance an entrepreneurial endeavor to establish a consulting business that will advise U.S. banks nationally on how to improve customer relations.
• For an entrepreneurial endeavor, a strong petition would discuss how your record of success would translate to a proposed plan or forecast for continued success, and steps you have taken toward those proposed activities, and plans that tie into your background and expertise. A persuasive petition could delineate clear details such as whether you have met certain achievements toward the endeavor that may have generated interest from potential customers, users, investors, or other relevant entities or individuals. Beyond this, USCIS would also welcome probative evidence to support how you have anticipated relevant metrics such as market size and share, job creation, and revenue growth.

Prong 3: On Balance, It Would Be Beneficial to the United States to Waive the Job Offer and Thus the Permanent Labor Certification Requirements

• Explain whether, based on the nature of your qualifications or proposed endeavor, it would be impractical to obtain a labor certification. For example, the labor certification process could prevent an employer from hiring a person with unique knowledge or skills, or it may be impractical for an entrepreneur or self-employed inventor to secure a job offer from a U.S. employer. Note that evidence of a national labor shortage in the person’s occupation would not, by itself, satisfy this third prong.
• Explain any benefits to the United States from your prospective contributions, even if other U.S. workers were available. For example, explain if your endeavor has the potential to generate a considerable economic impact consistent, for example, with economic revitalization or potential job creation.
• Explain any urgency that may warrant foregoing the labor certification process, such as a time-sensitive national benefit offered by your endeavor.

Example from the Policy Manual:

• When evaluating the third prong and whether the United States may benefit from the person’s entry, regardless of whether other U.S. workers are available (as well as other factors relating to prong three discussed above, such as urgency), USCIS considers the following combination of facts contained in the record to be a strong positive factor:
  • The person possesses an advanced STEM degree, especially a Ph.D.;
  • The person will be engaged in work furthering a critical and emerging technology or other STEM area important to U.S. competitiveness; and
  • The person is well positioned to advance the proposed STEM endeavor of national importance.

The benefit is especially weighty where the endeavor has the potential to support U.S. national security or enhance U.S. economic competitiveness, or when the petition is supported by letters from interested U.S. government agencies, as discussed below.

How We Help at the Law Office of Olena Manilich

At the Law Office of Olena Manilich, we understand that every EB-2 NIW case is unique — and that the stakes are higher than ever under USCIS’s new interpretation. Here’s how we can help:

• Tailored strategy – We build your case around your background, your goals, and the latest USCIS expectations.
• Evidence gathering – We guide you in identifying and collecting the documents and proof that make the biggest impact.
• Expert review – We spot weaknesses and address them before your petition is submitted, reducing the risk of costly delays or denials.
• Staying ahead – We monitor policy changes closely so your case is always aligned with the most current standards.

If you’re considering an EB-2 NIW petition, now is the time to act. The sooner you start preparing under the updated rules, the stronger your chances of success.

Book a consultation today to discuss your eligibility, your evidence, and the best way forward. Together, we’ll make sure your petition is built to meet — and exceed — the new USCIS standards.