The EB-2 National Interest Waiver (NIW) — long one of the most attractive self-petition paths to a green card for skilled professionals, researchers, and entrepreneurs — has become markedly harder to win. Applicants are feeling the combined effect of tighter USCIS adjudication standards and a sharp drop in approval rates.
The approval rate has collapsed. By the fourth quarter of 2025, the NIW approval rate had fallen to 35.7% — meaning USCIS denied more NIW petitions than it approved, a striking reversal from the much higher approval rates of recent years. For self-petitioners, that shift dramatically raises the stakes on how a case is built and documented.
The standards USCIS now applies. Under policy guidance USCIS issued on January 15, 2025 (still governing adjudications), officers apply more demanding scrutiny across the three-prong Matter of Dhanasar framework:
- Advanced degree professionals: USCIS now examines whether the occupation in which the petitioner proposes to work is genuinely a profession, and, where relevant, whether the required five years of post-bachelor’s experience is specifically in the specialty.
- Persons of exceptional ability: the claimed exceptional ability must directly relate to the proposed endeavor — assessed case-by-case based on shared skills, knowledge, and expertise — not merely exist in the abstract.
- National importance and being well positioned: the guidance details how officers evaluate whether an endeavor has national importance and weighs evidence such as letters of support and business plans when deciding whether the petitioner is well positioned to advance it.
What this means for petitioners. Generic, template-style petitions are increasingly being denied. A competitive NIW today needs a tightly argued proposed endeavor with documented national importance, evidence that the petitioner is well positioned to advance it, and recommendation letters and supporting materials that connect the petitioner’s specific record to that endeavor. Quality and specificity of evidence — not just credentials — now drive outcomes.
The bottom line. The NIW remains a viable and powerful option, but the margin for a weak filing has narrowed sharply. Petitioners should invest in a well-structured, evidence-rich case and confirm current requirements before filing.
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Source: USCIS Policy Alert (via LinkedIn — Katherine Har, Esq.)