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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.
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On June 30, 2023, LPY Law Group received approval of an EB-2 National Interest Waiver (NIW) I-140 immigrant petition for a scholar and writer in political science from Bangladesh. 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, a National Interest Waiver or 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.
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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.
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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.
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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.
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, a National Interest Waiver or 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.
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The approval rate of NIW cases handled by LPY Law Group is close to 100%. Our attorneys have helped thousands of foreign nationals with advanced degrees obtain permanent residency through national interest waiver. Click HERE for Recently Approved NIW Cases.
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All cases including NIW cases are diligently handled by our experienced attorneys. We strictly follow the deadlines set forth in our work procedures to process each individual case. Details about our work procedure for processing NIW cases can be provided after an evaluation.
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In immigration petitions, just as in any areas of law, attorney’s experience and professional expertise can make a difference. NIW petition is a complicated legal process, our work includes, but is not limited to, (1) counseling client at every point of the process; (2) assisting client collecting useful information and supporting documents; (3) drafting, reviewing and editing recommendation letters, (4) organizing the documents provided by client; (5) preparing the immigration forms; (6) drafting the petition letter; (7) preparing and filing the petition package; (8) tracing the progress of USCIS adjudication; (9) answering RFE (request for evidence) if one was issued; (10) advising client of compliance with the immigration issues and options while his/her NIW case is pending; and (11) contacting USCIS if necessary.
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The information provided in the initial evaluation may be different case by case because we do not use a broad brush template to answer every request. Each individual case is unique. But basically our evaluation includes the following information: (1) whether your credentials meet the minimum NIW requirements; (2) whether your case has a reasonable chance to be approved; (3) if, in our best judgment, you are not qualified for NIW, what other options you have to obtain to green card.
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Now you know at least something about NIW from our website. If you are somehow wondering whether your credentials qualify you to file an NIW petition, or how good is your chance to get approved, email your resume or curriculum vitae to zliu@niwus.com. Attorney Liu will review your credentials and get back to you with a written evaluation within two work days. The evaluation is free and you are under no obligation to retain us after the evaluation.
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