The update to the U.S. Citizenship and Immigration Services (USCIS) Policy Manual on January 15, 2025, represents a pivotal change in the adjudication of Employment-Based Second Preference (EB-2) National Interest Waiver (NIW) cases since the Administrative Appeals Office’s landmark decision in Matter of Dhanasar in 2016. Instead of establishing a new legal framework, the policy memorandum elucidated how adjudicating officers should assess EB-2 eligibility and apply the established Dhanasar standard in a more uniform and evidence-based manner. While the three-prong test that governs NIW petitions remains intact, the guidance offers officers significantly more comprehensive instructions regarding the types of evidence to consider, the analytical framework to adopt, and the shortcomings to identify during the adjudication process. As a result, although the legal criteria have not changed, the practical approach to preparing successful NIW petitions has transformed significantly. Petitioners are now required to present more clearly articulated proposed endeavors, more robust objective evidence, and more compelling justifications for why their work warrants a waiver of the labor certification requirement.

Importantly, the policy memorandum issued in January 2025 did not alter the legal standard set forth in Matter of Dhanasar. Petitioners are still required to meet the same three criteria: first, their proposed endeavor must demonstrate substantial merit and national significance; second, they must be well positioned to advance the proposed endeavor; and third, it must be determined that waiving the job offer and labor certification requirements would benefit the United States. Rather than modifying these criteria, USCIS has expanded its Policy Manual to provide a more detailed explanation of how adjudicators should assess each element and what types of evidence should be deemed persuasive. Consequently, the memorandum fosters greater consistency in adjudications while simultaneously elevating expectations regarding the quality and organization of evidence submitted in support of NIW petitions.

One of the most significant clarifications brought forth by the policy memorandum pertains to the threshold determination of EB-2 eligibility. Prior to evaluating whether a petitioner qualifies for a National Interest Waiver, the petitioner must first independently demonstrate eligibility for classification within the EB-2 preference category. Although this requirement has always been present under the Immigration and Nationality Act, previous adjudications frequently placed considerably more emphasis on the Dhanasar analysis than on the fundamental EB-2 qualification. The revised guidance clarifies that officers must independently ascertain whether an applicant qualifies as either an advanced degree professional or an individual of exceptional ability before advancing to the waiver analysis.

For professionals holding advanced degrees, USCIS now underscores that the occupation being proposed must itself qualify as a profession that necessitates an advanced degree or its equivalent. Simply having a master’s or doctoral degree is no longer considered adequate if the proposed endeavor does not typically require such a level of education. This clarification is particularly significant for entrepreneurs, consultants, startup founders, and professionals engaged in various fields whose occupations may not conform to conventional employment categories. Similarly, petitioners who claim exceptional ability must provide evidence that directly meets the relevant regulatory standards, rather than presuming that significant professional achievements alone suffice to demonstrate eligibility.

One of the most prominent practical changes following the guidance issued in January 2025 is USCIS’s heightened emphasis on the proposed endeavor itself. Many previous NIW petitions characterized a petitioner’s career in broad terms by mentioning work in areas such as artificial intelligence, cybersecurity, renewable energy, or biomedical research. The revised Policy Manual directs officers to make a careful distinction between a petitioner’s occupation and the specific endeavor the petitioner plans to pursue in the United States. Instead of merely inquiring about the profession in which the applicant is engaged, officers are instructed to assess precisely what the applicant aims to achieve, how the endeavor will be executed, who will benefit from the work, and why the endeavor transcends ordinary employment duties.

Consequently, successful petitions are increasingly characterized by comprehensive endeavor statements that detail specific projects, research initiatives, technologies, business plans, implementation strategies, measurable objectives, and anticipated outcomes. Petitioners who only outline general career aspirations without specifying tangible activities and expected impacts may encounter significant challenges in demonstrating eligibility under the first and second prongs of Dhanasar.

While the Matter of Dhanasar has always mandated that petitioners prove their endeavor’s national importance, the memorandum issued in January 2025 emphasizes that this assessment should concentrate on the proposed endeavor’s impact rather than the significance of the petitioner’s field of work. Before the updated guidance, many petitions successfully contended that the national importance of sectors such as healthcare, artificial intelligence, cybersecurity, semiconductors, or renewable energy inherently fulfilled the national importance criterion. The revised Policy Manual clarifies that this line of reasoning is insufficient.

Instead, officers are directed to assess whether the petitioner’s specific endeavor has the potential to yield broader implications that extend beyond a single employer or localized advantage. USCIS provides numerous examples of qualifying impacts, such as advancing scientific research, enhancing public health, bolstering national security, fostering technological innovation, increasing economic competitiveness, generating job opportunities, promoting educational advancement, or improving critical infrastructure. As a result, petitioners are now required to articulate more clearly how their particular work is anticipated to affect the United States on a larger scale, rather than relying solely on the acknowledged importance of their industry.

The memorandum from January 2025 indicates an increasing inclination towards the use of objective documentary evidence when assessing whether a petitioner is suitably positioned to pursue the proposed endeavor. Although educational qualifications, professional experience, and expert recommendation letters remain significant, USCIS now instructs adjudicators to focus on concrete evidence that illustrates the petitioner’s prior meaningful progress in the relevant field of work.

Such evidence may encompass publications, patents, research funding, commercialization initiatives, licensing agreements, successful execution of past projects, government grants, business plans, investor interest, contracts, industry accolades, or documented adoption of the petitioner’s work by other entities. Instead of primarily depending on forecasts of future success, officers are directed to evaluate whether the petitioner’s previous achievements objectively indicate the ability to advance the proposed endeavor. As a result, contemporary NIW petitions increasingly highlight documentary evidence that independently substantiates a petitioner’s accomplishments, rather than relying solely on narrative descriptions or professional opinions.

The policy memorandum does not undermine the importance of expert recommendation letters; however, it clarifies the manner in which officers should assess them. Recommendation letters continue to be valuable for elucidating complex technical work, outlining industry relevance, and providing context for the petitioner’s achievements. Nonetheless, USCIS stresses that unsubstantiated opinions cannot replace independent documentary evidence. Letters from individuals with direct knowledge of the petitioner’s work typically carry more evidentiary weight than generalized endorsements from experts who have limited understanding of the petitioner’s actual contributions.

This clarification has changed the manner in which numerous practitioners prepare NIW petitions. Instead of relying on recommendation letters as the main evidence for establishing eligibility, attorneys are increasingly utilizing them to interpret and bolster independently verifiable documentation such as publications, patents, contracts, research funding, awards, or quantifiable business accomplishments. This strategy is more in line with the evidentiary standards outlined in the revised Policy Manual.

Entrepreneurs have historically encountered inconsistent NIW adjudications, as many conventional employment-based evidentiary criteria did not easily apply to startup enterprises or self-employed individuals. The guidance issued in January 2025 addresses this issue by offering adjudicators additional examples of evidence that can illustrate an entrepreneur’s capability to promote a proposed endeavor of national significance.

USCIS clarifies that officers may take into account business plans, venture capital investments, customer adoption rates, licensing agreements, commercial partnerships, participation in accelerators, government grants, revenue growth, market validation, and other objective indicators that demonstrate a startup’s meaningful potential for national impact. Notably, the guidance acknowledges that startup companies can meet the Dhanasar framework even if they have not yet achieved significant revenue, as long as the petitioner provides credible evidence showcasing substantial future potential supported by objective documentation. This clarification enhances predictability while encouraging petitioners to submit comprehensive evidence regarding both the viability of the business and its expected national benefits.

The third prong of Dhanasar has historically posed significant challenges for NIW petitioners, as it necessitates officers to weigh conflicting policy considerations. The memorandum issued in January 2025 provides much clearer guidance on the factors that adjudicators should evaluate when assessing whether waiving the labor certification requirement is advantageous for the United States. Officers are directed to consider if the necessity for employer sponsorship would obstruct the proposed endeavor, if the nature of the work demands flexibility that the conventional labor certification process cannot provide, if the endeavor addresses particularly significant national interests, and if the United States would gain from the petitioner’s contributions irrespective of the presence of qualified U.S. workers.

This clarification prompts petitioners to go beyond merely asserting that they meet the first two Dhanasar prongs. Instead, successful petitions increasingly offer affirmative evidence that illustrates how bypassing the labor certification process would directly support the petitioner’s work of national importance and ultimately yield greater benefits for the United States.

While the January 2025 policy memorandum did not change the existing legal standard, it has significantly impacted the practical preparation and adjudication of NIW petitions. Requests for Evidence are increasingly centered on poorly defined proposed endeavors, inadequate demonstrations of national importance, limited objective evidence substantiating the petitioner’s qualifications, and failures to establish the basic EB-2 eligibility before delving into the waiver analysis. In contrast, petitions that adhere closely to the structure outlined in the revised Policy Manual and systematically address each component with objective documentary support have generally become more predictable in their adjudication.

The memorandum has prompted practitioners to approach NIW petitions as comprehensive legal briefs rather than mere collections of supporting documents. Well-structured petitions now generally encompass detailed legal analyses, meticulously crafted endeavor statements, thorough exhibit indexes, objective evidence validating professional achievements, and clear explanations linking each piece of evidence to the pertinent Dhanasar factors. This organized presentation aligns with the analytical framework that officers are directed to adhere to during the adjudication process.

The update to the USCIS Policy Manual in January 2025 marks a significant advancement in the adjudication of EB-2 National Interest Waiver petitions. While it maintains the Matter of Dhanasar framework, it provides substantial clarification on how officers should assess EB-2 eligibility, evaluate proposed endeavors, determine national importance, gauge whether petitioners are well-positioned to further their work, and decide if granting a waiver ultimately benefits the interests of the United States. The memorandum has effectively elevated the standards concerning the quality, specificity, and objectivity of evidence submitted in support of NIW petitions. Consequently, successful applicants are now required to present not only compelling qualifications but also a clearly defined endeavor, substantial documentary proof of past accomplishments, and a convincing rationale illustrating why their ongoing work in the United States warrants an exemption from the conventional labor certification process. For both practitioners and petitioners, grasping these clarified evidentiary expectations has become crucial for preparing competitive and approvable NIW petitions in the post-January 2025 adjudicatory environment.

By: Karim Jivani

Karim Jivani is an Associate Attorney at Reddy Neumann Brown PC who focuses on employment-based non-immigrant visas. Karim’s practice covers all phases of the EB-1A and EB-2 NIW visa process including filing petitions, responding to Requests for Evidence (RFE), and drafting motions and appeals. Karim has also worked on all aspects of H-1B, L-1, I-140, and VAWA petitions.