On January 15, 2025, U.S. Citizenship and Immigration Services (USCIS) published one of the most detailed policy updates on the EB-2 National Interest Waiver (NIW) in nearly a decade. The new guidance  now controlling in Volume 6, Part F, Chapter 5 of the USCIS Policy Manual  is effective immediately and applies to every NIW petition that was pending on January 15, 2025 or filed on or after that date.

This update does not change the fundamental three-prong test established in the landmark 2016 precedent Matter of Dhanasar, but it provides the clearest roadmap USCIS has ever given on how officers actually apply that test in practice. It also resolves years of uncertainty about threshold EB-2 eligibility in self-petitioned NIW cases.

The Most Important Takeaways

1. Threshold EB-2 Eligibility Is Now Scrutinized More Explicitly Before even reaching the three Dhanasar prongs, USCIS will confirm that the petitioner actually qualifies for the underlying EB-2 category:

Advanced-Degree Professionals

• The intended occupation (or proposed) occupation must be a true “profession” — meaning it normally requires at least a U.S. bachelor’s degree (or foreign equivalent) as the minimum entry requirement.
• Example given in the manual: A Ph.D. in engineering who wants to open a bakery will likely not qualify as an “advanced-degree professional because “baker” is not a profession requiring a bachelor’s degree for entry.
• When using the bachelor’s + 5 years’ progressive experience route, the five years must be post-baccalaureate and in the specialty directly tied to the proposed endeavor (not just any five years of work experience).

Exceptional Ability

• The area in which the petitioner claims exceptional ability (e.g., machine learning, oncology research, fintech) must share skillsets, knowledge, or expertise with the specific proposed endeavor. USCIS will no longer accept exceptional ability in Field A when the endeavor is in unrelated Field B.

2. Prong 1 – Substantial Merit and National Importance The manual devotes several pages to explaining what rises (and what does not rise) to “national importance.”

• Classroom teaching alone, even in a STEM subject, generally does not have national importance.
• Consulting for others who work in a nationally important field is insufficient.
• Starting a “regular” business (car dealership, restaurant, retail store, etc.) almost never meets Prong 1 unless extraordinary circumstances are shown.
• On the positive side: research in critical & emerging technologies, public-health breakthroughs, significant job creation in economically depressed areas, and innovations with demonstrable broader implications routinely satisfy this prong.

3. Prong 2 – Well Positioned to Advance the Endeavor USCIS lists more than 15 types of evidence that can help prove this prong (degrees, patents, publications, citations, funding, accelerator acceptance, government grants, letters from interested U.S. agencies, progress already achieved, etc.). The manual stresses that business plans and expert letters are helpful but must be corroborated by independent objective evidence — vague predictions or unsupported endorsements carry little weight.

4. Prong 3 – Balancing Test The update reaffirms that STEM Ph.D.s working on critical and emerging technologies or national-security-related fields receive especially favorable consideration under Prong 3. Letters from U.S. government agencies or quasi-governmental entities explaining why the petitioner’s work is urgently needed can be almost decisive.

5. **Entrepreneurs & Start-Up Founders The guidance retains and expands the entrepreneur-friendly framework from 2022. Ownership interest + active central role + evidence of investment, accelerator participation, revenue growth, or job creation remain strong indicators. However, USCIS warns that “broad assertions about general economic benefits” are not enough — the specific start-up’s impact must be documented.

Practical Impact for Applicants

• Petitions filed before January 15, 2025 are adjudicated under the prior (less detailed) guidance.
• Petitions pending or filed on/after January 15 are held to the new, more explicit standards.
• Requests for Evidence (RFEs) are already starting to reflect the new language officers are specifically asking petitioners to clarify the occupation, the exact endeavor, and the nexus between qualifications and endeavor.

The bottom line: Well-prepared cases that clearly define a specific endeavor of substantial merit and national importance, tie the petitioner’s unique qualifications directly to that endeavor, and include strong independent corroborating evidence will continue to enjoy very high approval rates. Cases that are vague, overstate impact, or rely on boilerplate letters are far more likely to receive lengthy RFEs or denials under the clarified policy.

At the Law Offices of Thomas V. Allen, we prepare and file EB-2 NIW petitions in accordance with the latest USCIS guidance. Our services include comprehensive case analysis, drafting of petition materials, and assembling evidence that satisfies current adjudicatory standards. Contact us for a straightforward evaluation of your eligibility.