USCIS has recently increased the standards for EB-2 National Interest Waiver (NIW) petitions, creating challenges for qualified applicants. According to a blog post by immigration expert Amber G. Davis, the agency is now treating Prong 2 of the Dhanasar framework similarly to the EB-1A extraordinary ability standard, which is not the intended application of the framework.
Key Details:
- USCIS is issuing Requests for Evidence (RFEs) that demand past accomplishments of national significance for EB-2 NIW petitions.
- The Dhanasar framework requires evaluation of an applicant’s potential to advance their endeavor, not just past achievements.
- This trend is seen as a significant shift in how USCIS assesses EB-2 NIW applications, effective as of 2026.
- The changes may hinder qualified applicants who do not meet the newly imposed standards.
This shift in policy could significantly impact many immigrants seeking to benefit from the EB-2 NIW program. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.