National Interest Waiver

USCIS Updates Guidance on EB-2 National Interest Waiver Petitions

Maggio Kattar

The U.S. Citizenship and Immigration Services (USCIS) has issued updated guidance on EB-2 National Interest Waiver (NIW) petitions, offering clarity on eligibility criteria and the petition process. This update is particularly relevant for individuals seeking permanent residence in the United States under the EB-2 NIW category, which allows certain professionals and individuals with exceptional abilities to bypass the standard labor certification process if their work is in the national interest.

Key Changes and Clarifications:

  • Expanded Definition of “National Interest”: USCIS has provided more detailed examples of work considered to benefit the U.S. national interest, focusing on endeavors in critical sectors like healthcare, climate change, and technology innovation.
  • Evidence Requirements:
    • Petitioners are now encouraged to include evidence of sustained impact and tangible outcomes of their work to demonstrate its national importance.
    • Clarifications highlight the importance of providing detailed documentation linking the individual’s work to broader national goals.
  • Flexibility in Demonstrating Substantial Merit:
    • Updated guidance emphasizes a more flexible approach in evaluating how the petitioner’s work meets the “substantial merit” criterion, particularly for interdisciplinary or emerging fields.

Why This Matters: These updates provide clearer pathways for individuals in high-demand fields to qualify for an EB-2 NIW. By aligning their petitions with the updated criteria, applicants can better articulate the significance of their work and its benefit to the U.S., potentially improving the likelihood of approval.

For questions or assistance with preparing or evaluating an EB-2 NIW petition under the updated guidance, contact your Maggio Kattar attorney .