LPY Law Group

On January 15, 2025, the U.S. Citizenship and Immigration Services (USCIS) issued a significant update to its policy guidance on National Interest Waivers (NIW) for the Employment-Based Second Preference (EB-2) classification. This article outlines the key changes in PA-2025-03 and their implications for individuals seeking NIWs, particularly those with advanced degrees or exceptional abilities.

This update provides detailed guidance on defining professions, evidentiary requirements, and the national interest standard.

On May 23, 2023, LPY Law Group received approval of an EB-2 National Interest Waiver (NIW) I-140 immigrant petition for a financial engineer from China. The United States Citizenship and Immigration Services (USCIS) approved the petition without Request For Evidence.

For EB-2 I-140 immigrant petitions, the petitioner must show that she is either an advanced degree professional or possesses exceptional ability in the sciences, arts, or business. For most EB-2 I-140 petitions, she must also have a permanent US job offer and an approved labor certification. However, the NIW waives the requirements of a permanent US job offer and an approved labor certification if the petitioner can show that her entry into the US as a permanent resident is in the national interest.

On April 4, 2023, LPY Law Group received approval of an EB-2 National Interest Waiver (NIW) I-140 immigrant petition for an asset manager from Canada. The United States Citizenship and Immigration Services (USCIS) approved the petition without Request For Evidence.

For EB-2 I-140 immigrant petitions, the petitioner must show that he is either an advanced degree professional or possesses exceptional ability in the sciences, arts, or business. For most EB-2 I-140 petitions, he must also have a permanent US job offer and an approved labor certification. However, the NIW waives the requirements of a permanent US job offer and an approved labor certification if the petitioner can show that his entry into the US as a permanent resident is in the national interest.

On May 26, 2023, LPY Law Group received approval of an EB-2 National Interest Waiver (NIW) I-140 immigrant petition for a poet, essayist and creative writer in literature from Taiwan. The United States Citizenship and Immigration Services (USCIS) approved the petition without RFE.