On January 15, 2025, U.S. Citizenship and Immigration Services (USCIS) published a significant update to its policy guidance on National Interest Waiver (NIW) petitions under the EB-2 employment-based immigration category. This update marks one of the most detailed clarifications to the NIW process in nearly a decade and has already begun affecting how petitions are evaluated. If you’re considering applying for an EB-2 NIW or already have a pending petition, understanding these changes is crucial to your success.
The January 2025 Policy Update: What Changed?
The January 2025 update doesn’t change the fundamental three-prong test established in the 2016 landmark decision Matter of Dhanasar. However, it provides much clearer instructions on how USCIS officers should interpret and apply these requirements. The new guidance appears in Volume 6, Part F, Chapter 5 of the USCIS Policy Manual and applies to all petitions pending on or filed after January 15, 2025.
Key Changes at a Glance
- Stricter Scrutiny of Basic EB-2 Eligibility
Before considering your NIW request, USCIS now explicitly confirms that you qualify for the underlying EB-2 classification itself. This means:
- For Advanced Degree Professionals: Your intended occupation must qualify as a “profession” (meaning it requires at least a Bachelor’s degree for entry). If you’re using the Bachelor’s degree plus five years of experience route, those five years must be post-Bachelor’s and directly in your specialty, not just any professional experience.
- For Persons of Exceptional Ability: Your claimed exceptional ability must directly relate to your proposed endeavor. USCIS examines whether there are shared skillsets, knowledge, or expertise between your area of exceptional ability and what you plan to do in the U.S.
The policy manual now includes an illustrative example: A Ph.D. in engineering who proposes to open a bakery likely won’t qualify as an advanced degree professional because “baker” doesn’t require a Bachelor’s degree for entry into the occupation.
- More Specific Definition of “National Importance.”
The guidance dedicates significant attention to explaining what rises to the level of “national importance” under the first Dhanasar prong. Key points include:
- Simply proposing to work in a field with a national labor shortage is insufficient. You must define a specific endeavor with clear goals and methods, not just describe a general occupation.
- Even local or regional projects can qualify if they address critical national interests such as public health, economic development, scientific advancement, or education.
- USCIS looks favorably on work aligned with critical and emerging technologies (artificial intelligence, biotechnology, renewable energy, advanced computing, etc.) and areas supported by government priorities.
- Enhanced Evidence Requirements for Being “Well-Positioned.”
The second Dhanasar prong asks whether you are well-positioned to advance your proposed endeavor. The new guidance clarifies:
- Letters of recommendation must be specific and credible, with supporting independent evidence. Generic praise is no longer enough.
- For entrepreneurs, business plans must be detailed and demonstrate not just commercial viability but national-level impact. Broad claims about job creation or economic benefits without concrete evidence are insufficient.
- USCIS will look for proof of progress, such as grants, investments, patents, publications, partnerships, or other tangible evidence showing you’re actively advancing your work.
- Special Considerations for Entrepreneurs
The update expands guidance specifically for entrepreneurs, acknowledging that not every entrepreneur automatically qualifies for an NIW. To strengthen an entrepreneurial petition:
- Show ownership or a key role in a U.S.-based company
- Provide evidence of a track record in establishing or leading ventures
- Demonstrate how your work serves national priorities beyond your company’s profit
- Include concrete evidence like government grants, admission to incubators, revenue growth, or patents
What Does This Mean for You?
If You’re Planning to File an NIW Petition:
Be More Specific: Vague descriptions won’t work. Clearly define your proposed endeavor with specific goals, timelines, and anticipated impacts. Don’t just say “I will work in artificial intelligence”, explain exactly what AI application you’ll develop and how it addresses a national need.
Align with National Priorities: Research current U.S. priorities in your field. Are you working in critical infrastructure? Public health? Scientific research? Economic competitiveness? Make these connections explicit.
Gather Strong Evidence: Generic recommendation letters from colleagues won’t be enough. Seek letters from recognized experts who can speak to the national significance of your work and why you specifically are positioned to advance it. Support claims with independent evidence like government reports, industry studies, or peer-reviewed publications.
Document Your Qualifications Carefully: If you’re using the Bachelor’s plus five years route, ensure you can prove all five years of experience occurred after receiving your Bachelor’s degree and were progressive in your specialty. Employment letters should detail responsibilities that show increasing complexity and relevance.
For Entrepreneurs, invest in a Detailed Business Plan: Your business plan should emphasize public value over commercial gain. Include market analysis, job creation projections, funding details, and clear explanations of how your venture benefits the nation, not just your bottom line.
Why These Changes Matter
USCIS has seen a dramatic increase in NIW petitions over the past few years, along with a rise in Requests for Evidence and denials. The January 2025 update is designed to bring consistency to adjudications and clarify expectations. While this may sound daunting, it’s actually good news for well-prepared applicants. Clear guidance means you can build a stronger case from the start.
The update signals that USCIS takes NIW petitions seriously and expects applicants to do the same. Quality matters more than ever. A thoughtfully prepared petition with specific, well-documented claims and strong independent evidence will stand out in a positive way.
Looking Ahead
The January 2025 policy update is the most significant development in NIW adjudications since Matter of Dhanasar in 2016. While the changes introduce more scrutiny, they also provide a clearer roadmap to approval. Applicants who take the time to understand the new requirements, prepare thoroughly, and present well-documented cases will find that the NIW remains an excellent pathway to permanent residency. If your work truly benefits the United States, if you have the qualifications to advance your endeavor, and if you can demonstrate these facts clearly and convincingly, the NIW can be your route to achieving the American dream.
Frequently Asked Questions (FAQs)
- Does the January 2025 policy update apply to my petition if I filed before January 15, 2025?
Yes. The new guidance applies to all NIW petitions that were pending on January 15, 2025, or filed on or after that date. If your case is still being reviewed by USCIS, officers will evaluate it under the updated standards. If you receive an RFE (Request for Evidence), expect it to reflect the new guidance. Cases that were already approved before January 15, 2025, are not affected.
- What does “progressive experience” mean under the new guidance?
Progressive experience means your responsibilities, the complexity of work, and expertise increase over time. Simply having five years of employment isn’t enough; your roles must have evolved to show growth in your specialty. For example, moving from a junior engineer to a senior engineer to a team lead, with increasing technical responsibilities, would demonstrate progressive experience. The experience must also be directly related to your specialty and your proposed endeavor.
- I’m an entrepreneur without a traditional job. Can I still get an NIW?
Yes, entrepreneurs can and do successfully obtain NIWs. However, the January 2025 update makes clear that not every entrepreneur automatically qualifies. You’ll need to demonstrate that your business addresses a matter of national importance, not just local or personal commercial interests. Your business plan must be detailed and show a national-level impact. Evidence like government grants, patents, partnerships with established institutions, admission to reputable accelerators, and demonstrated job creation in economically disadvantaged areas can all strengthen your case.
Official Resources and Links
For more information about the EB-2 National Interest Waiver and the January 2025 policy update, please visit these official USCIS resources:
- USCIS Announcement of January 2025 NIW Policy Update
https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-on-eb-2-national-interest-waiver-petitions - Official Policy Alert Document (PA-2025-03)
https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20250115-Employment-BasedNationalInterestWaivers.pdf
