EB2 NIW in 2025: What to Expect
The EB-2 National Interest Waiver (NIW) is a pathway for foreign professionals with advanced degrees or exceptional abilities to obtain a green card without a job offer or labor certification, if it’s deemed in the U.S. national interest. In this article, we explain what you might expect in EB2 NIW in 2025 and beyond.
Key Trends and Expectations
Increased Scrutiny:
The U.S. Citizenship and Immigration Services (USCIS) has announced updated policy guidance, indicating a more rigorous review of EB-2 NIW petitions. This means a closer examination of qualifications, the proposed endeavor’s national importance, and supporting evidence.
Focus on “National Interest”:
Demonstrating that your work is in the national interest will be crucial. USCIS will be looking for clear evidence of potential impact in areas like scientific research, technological innovation, economic growth, or cultural development. Generic claims will likely not suffice.
Relevance of Exceptional Ability:
For those claiming exceptional ability, it’s essential to show a direct correlation between that ability and the work you propose to do in the U.S.
Importance of Documentation:
Expect increased emphasis on detailed explanations and strong supporting evidence, including recommendation letters and business plans, to substantiate your claims.
Processing Times:
While standard EB-2 processing can take 6 to 15 months, NIW cases are now eligible for premium processing, which could reduce the I-140 petition processing time to 45 business days for an additional fee.
However, this doesn’t guarantee approval and doesn’t include the time for the subsequent Adjustment of Status or consular processing. USCIS overall processing times are generally increasing in FY 2025 but remain at pre-pandemic levels.
Visa Bulletin:
The Visa Bulletin indicates the availability of immigrant visas. As of the March 2025 bulletin, the EB-2 category has a backlog for individuals born in China and India, with priority dates in October 2020 and January 2013, respectively. For all other countries, the category is current, meaning visas are immediately available upon approval of the I-140 petition.
For personalized guidance on how to go about each and every step, trend and expectation, start by taking a Free Evaluation
The EB-2 National Interest Waiver (NIW) is becoming stricter, not easier, due to a decrease in approval rates and increased scrutiny by USCIS.
