USCIS Updates Policy Guidance on National Interest Waiver (NIW) Petitions for EB-2 Classification
USCIS Updates Policy Guidance on National Interest Waiver (NIW) Petitions for EB-2 Classification
U.S. Citizenship and Immigration Services (USCIS) has released updated policy guidance to clarify the evaluation criteria for eligibility under the employment-based second preference (EB-2) classification for immigrant petitions filed with a request for a National Interest Waiver (NIW). This update is effective immediately and applies to all pending and future NIW petitions filed on or after the publication date.
Key Updates and Clarifications:
- EB-2 Classification and NIW Overview
- Generally, an employer files an EB-2 petition using Form I-140, Immigrant Petition for Alien Workers, after obtaining a labor certification from the Department of Labor.
- USCIS can waive the job offer and labor certification requirements if doing so is deemed in the national interest of the United States.
- Individuals seeking an NIW may self-petition without the need for an employer.
2. Eligibility Criteria for NIW
- Petitioners must first demonstrate eligibility for the EB-2 classification, which requires either:
- Membership in the professions holding an advanced degree, or
- Exceptional ability in the sciences, arts, or business.
3. Occupation and Experience Considerations
- For advanced degree professionals, USCIS will assess whether the proposed endeavor’s occupation qualifies as a profession.
- The guidance clarifies that 5 years of post-bachelor’s experience must be in the relevant specialty to meet advanced degree requirements.
4. Exceptional Ability Alignment with Proposed Endeavor
- For individuals of exceptional ability seeking an NIW, USCIS will evaluate how the individual’s exceptional abilities relate directly to the proposed endeavor.
- The relationship will be determined on a case-by-case basis, with emphasis on shared skillsets, knowledge, or expertise relevant to the endeavor.
5. National Importance of the Proposed Endeavor
- USCIS has refined its approach to assessing whether a proposed endeavor holds national importance.
- Supporting evidence, such as letters of support and business plans, will be thoroughly evaluated to determine whether the petitioner is well-positioned to advance their proposed endeavor.
6. STEM Fields and Entrepreneurial Considerations
- The updated guidance builds on prior policy changes addressing advanced degree professionals in science, technology, engineering, and math (STEM) fields and entrepreneurs.
Implications for Petitioners
This updated guidance provides greater transparency and consistency in the adjudication process for NIW petitions. Petitioners should ensure their documentation clearly demonstrates the alignment between their qualifications, the national importance of their proposed endeavor, and their ability to advance the endeavor effectively. Evidence such as detailed business plans, comprehensive letters of support, and robust documentation of achievements will play a critical role in demonstrating eligibility.
For more details on these updates, visit the USCIS Policy Manual, Volume 6, Part F, Chapter 5. At Fakhoury High Skill Immigration, we specialize in guiding petitioners through every step of the EB-2 visa process, from assessing eligibility to building a strong, well-documented profile. Our team helps demonstrate qualifications, connect exceptional skills to proposed endeavors, and craft compelling petitions tailored to USCIS guidelines. We are here to provide strategic support to position petitioners for success in achieving their goals. Follow us on LinkedIn and other socials for insights and updates.
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