USCIS Policy Manual Eligibility Update on EB-2 NIW Petitions

On January 15, 2025, U.S. Citizenship and Immigration Services (USCIS) introduced updates to its Policy Manual for employment-based second preference (EB-2) petitions. The updates focus on national interest waiver (NIW) applications and apply to all petitions filed or pending on or after this date. 

This new guidance explains how USCIS evaluates eligibility for the EB-2 category, which includes advanced degree professionals and individuals with exceptional ability in fields like science, arts, or business. 

EB-2 Classification 

To qualify for EB-2 classification, applicants must meet one of these two requirements: 

• Advanced Degree Professionals: Hold a U.S. master’s degree (or higher), its foreign equivalent, or a bachelor’s degree (or foreign equivalent) with at least five years of experience in the field, or 

• Exceptional Ability: Demonstrate a level of expertise in sciences, arts, or business that is significantly above the norm. They must also show that their work will benefit the U.S. economy, education, culture, or welfare. Additionally, their services in one of these fields must be sought by a U.S. employer. 

National Interest Waiver 

Most EB-2 applications require a labor certification, which proves that no qualified U.S. workers are available for the job. A national interest waiver allows applicants to skip this step if they can prove their specific project, work, or activity the applicant plans to carry out in the U.S. (often referred to as the “proposed endeavor”) is in the national interest. 

To get the waiver, applicants must show: 

• Their work has substantial merit and national importance. 

• They are well-positioned to carry out the work. 

• Waiving the labor certification requirement is in the interest of the U.S. 

USCIS reviews each case individually to ensure all requirements are met. 

Main Changes 

Here’s what’s new in the USCIS Policy Manual: 

• USCIS has added two new sections to clarify how petitioners qualify for EB-2 status and national interest waivers. 

• To apply for a NIW, petitioners first need to qualify for EB-2 status. 

• USCIS now looks closely at whether the proposed work counts as a profession and, if applicable, whether the petitioner’s five years of work experience after their bachelor’s degree is directly related to their field. This refers to individuals seeking to apply as advanced degree professionals. 

• USCIS also evaluates how the petitioner’s exceptional ability ties into their proposed work, focusing on the person’s skills, experience, and expertise. 

• The update gives more specific examples of what USCIS considers “national importance,” which can help petitioners understand how to show their work benefits the U.S. in a meaningful way. 

• Entrepreneurs, in particular, need to provide detailed, reliable evidence—such as business plans or letters of support—that clearly explain the value of their work. General claims like “creating jobs” or “helping the economy” are not enough. 

• USCIS looks at all evidence together. No single document will guarantee approval. Instead, USCIS reviews everything as a whole, including the petitioner’s qualifications, experience, and contributions. 

These changes aim to clarify the process, especially for people in unique fields or emerging industries. The new guidance makes it easier to understand what USCIS looks for in EB-2 and NIW applications.  

Clear and well-prepared evidence is essential to demonstrating eligibility. This is especially important for entrepreneurs and others with specialized or nontraditional careers. 

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

Eligibility for the EB-2 

The updated USCIS Policy Manual now makes it clear that before a petitioner can qualify for a national interest waiver, they must first prove they meet the basic eligibility requirements for the EB-2 visa. This means they must either be a professional with an advanced degree or an individual with exceptional ability in the sciences, arts, or business. 

One important update is that if this initial requirement is not met, USCIS will deny the petition without considering the NIW eligibility. While USCIS has always emphasized the importance of meeting the EB-2 eligibility first, this rule is now officially part of the Policy Manual. 

The new guidelines also offer a more detailed approach to evaluating both advanced degree professionals and individuals with exceptional ability. 

Member of the Professions Holding an Advanced Degree  

The updated USCIS guidelines clarify that applicants seeking a NIW under the EB-2 classification as members of the professions holding advanced degrees must meet specific requirements tied to their proposed occupation. 

The occupation the petitioner plans to pursue must qualify as a “profession.” This means it must typically require at least a U.S. bachelor’s degree (or its foreign equivalent) as the minimum requirement for entry. 

The petitioner is responsible for proving, with enough evidence, that their intended occupation meets this definition of a profession and requires a bachelor’s degree or higher. 

For individuals relying on a combination of a bachelor’s degree and five years of relevant post-degree experience, the experience must directly relate to the field and happen after completing the degree. 

The Policy Manual underlines that USCIS evaluates each case individually. For example, someone with a master’s degree in engineering would qualify as an advanced degree professional for an engineering-related project. However, someone with an advanced degree in engineering intending to start a bakery wouldn’t meet the requirements, as the role of a baker typically doesn’t require a bachelor’s degree. 

Similarly, unrelated experience — such as having a bachelor’s degree in chemistry and working as a restaurant manager — wouldn’t count as experience for a chemistry-related project. Petitioners must provide strong evidence that their background and proposed work align with the qualifications needed for this classification. 

Persons of Exceptional Ability 

To qualify as a person of exceptional ability under the EB-2 category, applicants must show how their work will significantly benefit the U.S. economy, culture, education, or overall welfare. 

The petitioner is responsible for proving they meet at least three out of six specific criteria, such as awards, professional memberships, published work, or notable contributions to their field. It’s important to note that the quality of the evidence is crucial. Simply meeting the criteria isn’t enough; the evidence must clearly show exceptional skill or recognition in the applicant’s area of expertise. 

Just meeting these criteria doesn’t automatically mean the applicant is eligible. USCIS will make a final determination based on whether the applicant’s skills are significantly above what’s usually expected in their field. 

Additionally, the proposed work must align with the applicant’s exceptional ability. For example, someone with exceptional ability in computer science must have a proposed endeavor that’s connected to that field. 

USCIS looks at whether the applicant’s expertise matches the skills, knowledge, or experience needed for the proposed endeavor. If the two don’t align, the petition is unlikely to succeed. 

The process is case-by-case and requires strong evidence to link the applicant’s abilities to their proposed work. Applicants should be careful to clearly demonstrate this connection and ensure they meet USCIS’s strict requirements. 

These changes reflect USCIS’s move to a more thorough and structured approach in evaluating EB-2 NIW petitions. The focus is on the qualifications of the petitioner, the connection between their skills and the proposed work, and the national importance of that work.  

The updates provide clearer guidelines and highlight the need for well-documented and well-supported petitions. 

Key Points to Keep in Mind 

The updated USCIS policy requires applicants for the EB-2 visa under the members of the professions holding advanced degrees category to show that their intended work in the U.S. aligns with their education and profession. Applicants must prove that their advanced degree, or its equivalent, matches the specific requirements of the field they plan to pursue. 

For example, a public health professional with a master’s degree should focus on a related field like healthcare policy rather than something unrelated, like retail. This ensures the applicant’s qualifications align with their planned work. 

For those whose education doesn’t directly match their intended field, the person of exceptional ability category may be an option. This focuses more on achievements and the national importance of the work. In these cases, applicants must clearly show how their skills and experience connect with their proposed work. 

The updated guidelines now provide a clearer approach to evaluating EB-2 NIW petitions, making it easier to understand what’s needed for both advanced degree professionals and those showing exceptional ability. 

A well-prepared business plan is key in strengthening the petition. For entrepreneurs, it clearly demonstrates how the proposed endeavor benefits the U.S. and meets the updated requirements. It outlines the business activities and expected impacts. 

For those planning to work as independent professionals instead of starting a business, a professional plan might be a better fit. This type of plan focuses on the individual’s qualifications and how their expertise will benefit the U.S. workforce. Both types of plans, when professionally crafted, help petitioners show they meet USCIS standards for an EB-2 NIW petition, improving their chances of success. 

At Joorney, we focus on crafting immigration business plans that meet USCIS requirements, making it easier for clients to showcase the national importance of their work. Reach out to us today to get expert help in creating a clear and effective business plan that aligns with U.S. priorities and boosts your chances of a successful EB-2 NIW application.