Updates on the USCIS Policy Manual: Eligibility for the National Interest Waiver 

On January 15, 2025, U.S. Citizenship and Immigration Services (USCIS) introduced updated guidelines for evaluating EB-2 visa petitions, including those for the national interest waiver (NIW). These updates apply to all requests filed on or after this date and explain the requirements for both advanced degree professionals and individuals with exceptional ability in sciences, arts, or business. 

Petitioners applying for a NIW must first meet the EB-2 visa requirements, demonstrating they are either an advanced degree professional or a person of exceptional ability.  

Generally, EB-2 petitions require a labor certification from the U.S. Department of Labor (DOL). However, a national interest waiver allows petitioners to bypass this step if they can prove their work serves the national interest. 

To qualify for a national interest waiver, petitioners must satisfy the so-called three prongs test, proving that: 

• Their planned work/projects/activities in the U.S. (“proposed endeavor”) have substantial merit and national importance; 

• They are well-positioned to advance their endeavor, and 

• Waiving the job offer and labor certification requirements benefits the U.S. 

USCIS evaluates each EB-2 NIW petition on a case-by-case basis. The petitioner must provide sufficient proof for each eligibility requirement. 

The updated guidelines also provide more specific criteria for assessing the national importance of the proposed endeavor and clarify how USCIS evaluates supporting evidence, such as business plans and letters of recommendation. 

USCIS reviews all available evidence, including the petitioner’s education, experience, qualifications, and the nature of the proposed work in the U.S., to determine eligibility for the NIW. The updated policy ensures a thorough, transparent evaluation process for all applicants. 

The updated guidance brings changes to Volume 6, Part F, Chapter 5 (Advanced Degree or Exceptional Ability) of the Policy Manual. 

Eligibility for the National Interest Waiver 

The updated USCIS Policy Manual introduces a new subsection titled Eligibility for the National Interest Waiver, providing further clarity on how USCIS will evaluate whether a petitioner meets the three-prong framework. It also includes specific examples and recommendations for evidence to submit with future petitions. 

Substantial Merit and National Importance of the Endeavor 

When evaluating the first prong, USCIS focuses on whether the proposed endeavor has substantial merit and national importance. The petitioner must demonstrate how their work will have a significant impact, addressing specific fields, regions, or societal needs. 

New guidelines provide more detailed guidance on how petitioners should present their endeavors and substantiate their national importance, ensuring a clear understanding of the criteria. 

Clear and Specific Presentation of the Endeavor 

The petitioners must present their proposed endeavor clearly and in a specific manner. This includes outlining how particular projects or goals will directly impact society or an industry. The updated Policy Manual provides concrete examples on how to effectively demonstrate national importance. 

Contribution to National Interest 

USCIS’s evaluation focuses on the substance of the proposed endeavor. Petitioners must provide detailed evidence on how their work contributes to the national interest, particularly through its potential to impact fields, regions, or society as a whole. 

Specific Evidence of National Importance Required 

The updated guidelines stress that general claims about the importance of a profession, such as teaching or entrepreneurship, are not enough to prove national importance. Petitioners must provide specific evidence showing how their individual work goes beyond simply fulfilling general occupational needs. 

For example, proposing to work in a field facing a national shortage of workers or offering consulting services for companies addressing such shortages won’t be enough. Petitioners need to demonstrate that their work will have broader and more significant impacts on national interests. 

Demonstrating Broader Impact of the Business 

The updated Policy Manual also clarifies that entrepreneurs or business owners must show how their work in the U.S. will contribute directly to national economic or societal interests. Simply stating that a business will create jobs or generate economic benefits is not sufficient. 

Startups must provide detailed evidence explaining how their specific endeavor meets the national interest requirement. The focus should be on the broader impact of the business on society or the economy. 

Employer-Specific Benefits Are Not Enough 

Benefits to a specific employer, even if the employer operates nationally, do not fulfill the national importance requirement, as underlined in the updated Policy Manual. USCIS is looking for evidence of the broader implications of the endeavor for a field, region, or the public. 

For instance, a professional working on drug development must demonstrate how their work will benefit public health, rather than just focusing on the employer’s profits. 

Highlighting the Broader Impact of Technological or Scientific Advancements 

USCIS now requires petitioners to demonstrate the public or commercial impact of the technological or scientific advancements their work will bring. Petitioners should show how their contributions extend beyond the immediate needs of their employer and could influence entire industries or improve societal well-being. 

This may include evidence of potential widespread adoption, advancements in manufacturing processes, or how their work could lead to industry-wide innovation. 

The Person is Well-Positioned to Advance the Endeavor 

When evaluating the second prong of the National Interest Waiver, USCIS focuses on determining whether the petitioner is well-positioned to advance their proposed endeavor. This includes an assessment of the petitioner’s qualifications, past achievements, and a detailed plan for future activities related to the endeavor. 

The petitioners must provide more detailed, evidence-based documentation. This documentation should clearly highlight specific actions, plans, and a clear path for achieving success in the proposed endeavor. 

Evidence of a Detailed Proposal or Plan 

USCIS now requires evidence of a detailed proposal or plan. Petitioners must demonstrate a clear, organized roadmap for advancing their proposed endeavor. This plan should include specific goals, actionable steps, and timelines.  

A detailed business plan or project proposal is critical in proving the petitioner’s ability to achieve their objectives and contribute to U.S. national interests. The Policy Manual underscores the importance of outlining milestones and projections that support the plan’s feasibility. 

Evidence of Progress Toward the Endeavor 

The updated guidelines also strengthen the requirement for evidence of progress. USCIS now expects petitioners to show how past successes are directly relevant to the proposed endeavor. This includes evidence of ongoing activities like research, prototype development, or business growth that demonstrate the petitioner is actively advancing their field. Concrete evidence is needed to show that past achievements provide a strong foundation for future success. 

Concrete Evidence Supporting the Petitioner’s Position 

The updated policy places a stronger emphasis on providing concrete evidence to back the petitioner’s claims. Petitioners are expected to submit reliable, verifiable documentation that supports their past accomplishments and projected future success.  

The new guidelines require that future projections be substantiated with solid evidence, eliminating unsupported claims. The goal is to ensure all evidence is credible and provides a clear, documented path for the success of the proposed endeavor. 

Letters of Support 

The revised policy also highlights the importance of high-quality letters of support. Letters from experts in the petitioner’s field are now expected to be more specific, offering firsthand knowledge of the petitioner’s achievements and providing examples of how they are well-positioned to advance their proposed endeavor. These letters must be supported by independent evidence and should go beyond generic endorsements. 

Business Plan 

The updated guidelines clarify that business plans and similar documents must be supported by independent evidence. While business plans were previously listed as one type of supporting evidence, the new version emphasizes that these plans must be validated with tangible proof of progress, such as investment documentation, contracts, or letters of support.  

This increases the burden on petitioners to provide credible, third-party evidence that validates the viability of their proposed endeavor. 

The Endeavor is in the National Interest  

The third prong of the national interest waiver evaluates whether waiving the job offer and labor certification requirements benefits the United States. USCIS examines if the petitioner’s contributions, combined with their ability to advance the proposed endeavor, outweigh the need for labor certification, which aims to protect U.S. workers. 

Clarification on Labor Certification Applications 

A notable update in the policy clarifies that petitioners are not automatically excluded from applying for the national interest waiver if their employer has, or could, file for labor certification. This shift provides more flexibility for petitioners, enabling them to argue that their contributions are of national importance, even if their employer is engaged in the labor certification process. This change opens up opportunities for applicants in situations where labor certification might otherwise be pursued by the employer. 

Impracticality of the Labor Certification Process 

Another key update focuses on situations where the standard labor certification process may not apply to the petitioner’s specific qualifications or proposed work. Petitioners with unique expertise or goals that cannot be addressed through the labor certification process may argue its impracticality.  

This strengthens the argument for highly specialized petitioners, allowing them to demonstrate why the labor certification process would be insufficient or unnecessary. Petitioners must now provide clear evidence as to why their skills or endeavors fall outside the standard labor certification framework. 

Time-Sensitive Nature of National Interest 

The updated policy introduces the term “time-sensitive” when discussing national interest. This is particularly important for issues related to public health, safety, or similar urgent matters, where the need for action is immediate.  

Petitioners must now demonstrate that their work addresses critical and urgent national issues, and substantiate how delays in processing a labor certification would negatively impact areas such as public health or safety.  

This update reinforces the importance of timely contributions and highlights the need for petitioners to provide clear evidence of the urgency surrounding their proposed work. 

Broader Economic Impact 

The updated guidelines also expand the scope of what constitutes a significant economic impact. Rather than focusing solely on “considerable revenue,” the policy now emphasizes “considerable economic impact,” which includes a broader range of economic contributions.  

Entrepreneurs and business owners must now show how their work has the potential to stimulate economic growth, foster innovation, or revitalize specific industries or sectors.  

This adjustment broadens the requirements, urging petitioners to demonstrate that their work generates long-term economic benefits, such as job creation and industry-wide growth, rather than simply generating revenue for their business or employer. 

Labor Shortage Insufficient for Waiver 

The updated policy clarifies that evidence of a national labor shortage in the petitioner’s field alone is insufficient to justify a waiver of the labor certification requirement. While labor shortages can be a factor, petitioners must now provide more compelling evidence that their contributions will significantly benefit the U.S. beyond addressing workforce gaps.  

This shift ensures that petitioners must present broader, more persuasive evidence that their work offers national value, impacting industries, regions, or public welfare. 

The revisions to the national interest waiver process reflect a stronger emphasis on providing detailed and specific evidence in key areas. Petitioners must demonstrate how their work is both urgent and impactful, and why the labor certification process is not suited for their unique qualifications or endeavor.  

Entrepreneurs and business owners, in particular, must provide clear, quantifiable evidence of how their contributions will generate substantial economic benefits.  

As the guidelines evolve, petitioners should be prepared to provide well-supported documentation that clearly outlines how their proposed work aligns with the national interest and warrants a waiver of the labor certification requirement. 

At Joorney, we specialize in preparing immigration business plans that align with USCIS requirements, helping clients clearly demonstrate the national importance of their work. Contact us today for professional assistance in creating a focused and effective EB-2 NIW visa business plan that supports your petition and enhances your chances of visa approval.