The USCIS NIW Policy Update (PA-2025-03): What Actually Changed

Written by the Ellis Porter content team. This article has not been reviewed by an attorney. It is general information, not legal advice.

In plain English: In January 2025, USCIS updated the rulebook its officers use to decide National Interest Waiver green cards. The basic test did not change, but the update tells officers to look harder at a few things. First, you have to prove you qualify for the underlying EB-2 category before they even look at the waiver. Second, a big-picture statement like ‘my field is important’ or ‘my company will create jobs’ is not enough on its own; you have to show what your specific work will do. Third, letters and business plans count more when other independent evidence backs them up. If you are planning an NIW, it is worth building your case around these points from the start.

Part of Ellis Porter’s guide to the EB-2 NIW (National Interest Waiver).

If you are planning an NIW in 2026, start here

Maybe you have read about a "new NIW" or a USCIS crackdown. It is easy to come away worried that the rules changed overnight. They did not. But the guidance did change, and it matters. Here is what USCIS actually changed, in its own words.

On January 15, 2025, USCIS issued Policy Alert PA-2025-03. Its title is "Second Preference Eligibility for National Interest Waiver Petitions." It updated the USCIS Policy Manual, the guidance officers use to decide EB-2 National Interest Waiver (NIW) petitions. The affected part is Volume 6, Part F, Chapter 5, Section D.

USCIS said the guidance "is effective immediately and applies to requests pending or filed on or after the publication date." It also said the guidance "is controlling and supersedes any related prior guidance on the topic." If you file today, this is what your officer is working from.

What did not change

The legal test is the same one USCIS has used since 2016. Under Matter of Dhanasar, there are still three prongs:

1. Your proposed endeavor has both substantial merit and national importance.
2. You are well positioned to advance it.
3. On balance, waiving the job offer and labor certification benefits the United States.

For a full walkthrough of the prongs and their evidence, see our guide to EB-2 NIW requirements. This page covers what the 2025 update added on top.

Change 1: EB-2 eligibility comes first

The update made the order of review explicit. You must first qualify for the underlying EB-2 category. That means an advanced degree in a profession, or exceptional ability. If you do not, the manual says "the petition is statutorily ineligible for the national interest waiver."

USCIS may then "issue a denial without reaching the national interest waiver determination." It may also request more evidence or issue a Notice of Intent to Deny. Put simply, a weak EB-2 foundation can sink the case early. The officer may never read your national importance argument.

The update also tightened three points:

• The occupation must be a profession. In the manual’s words, "the occupation underlying the endeavor is determinative." Its example: an engineering Ph.D. who plans to open a bakery may struggle, because baking does not typically require a bachelor’s degree.
• Experience has to match. A bachelor’s degree plus five years of progressive experience counts only if the experience comes after the degree and is in the specialty. The manual’s example: a chemistry degree plus five years as a restaurant manager is not a master’s in chemistry.
• Exceptional ability has to connect. Your area of exceptional ability "must also be directly related to the person’s proposed endeavor." USCIS looks for shared "skillsets, knowledge, or expertise."

Change 2: national importance needs specifics

This is the change most applicants feel. The manual now lists arguments that do not show national importance on their own:

• The general importance of classroom teaching.
• Working in "an occupation with a national shortage," or consulting for others who do.
• Making "assertions regarding the general importance of business owners or entrepreneurs for job creation or other economic benefits."
• "Benefits to a specific employer alone, even an employer with a national footprint."

One example stands out. The manual says "a software engineer adapting their employer’s code for various clients will have difficulty demonstrating the national importance of that endeavor." That holds unless broader impacts are shown with specific evidence.

What works instead? Your own endeavor has to have "broader implications, such as for a field, a region, or the public at large." A drug developer can point to "the prospective public health benefits of the drug," not just employer profits. For new technology, the manual mentions "widespread interest in adoption or licensing" as useful evidence.

Change 3: letters and plans need backup

For the second prong, the update explains how officers weigh common evidence. Letters "may be persuasive" when they come from experts with first-hand knowledge. They should give specific examples and be "supported by other independent evidence."

Business plans get the same treatment. They help explain your goals, but they "should be supported by other independent evidence." And "unsubstantiated claims would not meet the petitioner’s burden of proof."

There is good news in the same section. You do not have to prove your venture will succeed. A person "may be well-positioned to advance an endeavor even if the person cannot demonstrate that the proposed endeavor is more likely than not to ultimately succeed."

Change 4: a sharper standard for entrepreneurs

The update added a blunt line: "Not every entrepreneur qualifies for a national interest waiver." It continues that "broad assertions regarding general benefits to the economy and potential to create jobs will not establish an entrepreneur’s qualification."

The examples are pointed. Opening a consulting firm for people in an important field is not enough by itself. Neither is the importance of an industry overall, such as car dealerships. And "ownership of a company" alone "rarely establishes eligibility on its own."

So what do strong founder petitions show? The manual points to a record of success that translates into a credible plan. It points to steps already taken. And it points to interest from "potential customers, users, investors, or other relevant entities." Useful evidence includes:

• Outside investment from angel investors or venture capital firms.
• Incubator or accelerator participation.
• Government grants or awards.
• Relevant patents or other intellectual property.

USCIS "evaluates all of the evidence in the aggregate." No single item is a ticket in.

What this means if you are filing now

The update does not close the door. It raises the bar on precision. A few habits follow:

• Settle your EB-2 basis first. Confirm your degree, experience, or ability lines up with your endeavor.
• Define the endeavor narrowly. Describe specific projects and goals, not a job description.
• Prove impact beyond your employer. Show what your work does for a field, a region, or the public.
• Back up every letter and every plan with independent evidence.
• If you are a founder, show traction, not just ambition.

Researchers in science and technology should know the STEM guidance is still in the manual. It treats a STEM Ph.D. tied to your endeavor, in a field important to U.S. competitiveness or national security, as "an especially positive factor" under the second prong.

How all this applies to your record is a case-specific question. Officers use the same manual for other categories, too; compare how USCIS approaches EB-1A adjudication in the Policy Manual. For an honest read on where your case is strong and where it needs work, talk with an Ellis Porter NIW attorney.

This is general information, not legal advice. USCIS policy guidance can change, and how it applies depends on the specific facts of your case. A licensed Ellis Porter immigration attorney should review your situation before you rely on any of the above or file anything.

Frequently asked questions

What is USCIS Policy Alert PA-2025-03?

PA-2025-03 is a USCIS policy alert dated January 15, 2025, titled Second Preference Eligibility for National Interest Waiver Petitions. It updated Volume 6, Part F, Chapter 5 of the USCIS Policy Manual, which officers use to decide EB-2 national interest waiver petitions. USCIS stated that the guidance is effective immediately and applies to requests pending or filed on or after the publication date.

Did the 2025 update change the three-prong NIW test?

No. The three prongs from Matter of Dhanasar still apply: substantial merit and national importance, being well positioned to advance the endeavor, and a showing that on balance a waiver benefits the United States. What changed is the guidance on how officers apply them, with new examples of evidence that does and does not establish national importance and new detail on letters, business plans, and entrepreneurs.

Do I have to qualify for EB-2 before USCIS looks at the waiver?

Yes. The updated Policy Manual says a petitioner must first show qualification for the underlying EB-2 classification, as an advanced degree professional or a person of exceptional ability. If that threshold is not met, USCIS may request more evidence, issue a Notice of Intent to Deny, or deny the petition without reaching the national interest waiver analysis.

Can an entrepreneur still get an NIW after the 2025 update?

Yes, but the update says not every entrepreneur qualifies. USCIS stated that broad assertions about general benefits to the economy and the potential to create jobs will not establish eligibility on their own. Entrepreneurs need specific evidence tied to their endeavor, such as outside investment, incubator or accelerator participation, grants, or traction with customers, and USCIS weighs it all together.

Does a national labor shortage in my occupation help my NIW?

Not by itself. The Policy Manual says that proposing to work in an occupation with a national shortage, alone, is insufficient to show national importance, and that evidence of a national labor shortage would not, by itself, satisfy the third prong. A shortage can be part of the context, but the petition still has to show the broader impact of your specific endeavor.

Are recommendation letters still useful for an NIW?

Yes, when they are specific and corroborated. The Policy Manual says letters may be persuasive when they come from experts with first-hand knowledge of your achievements, describe those achievements with specific examples, and are supported by other independent evidence. Business plans are useful for explaining your objectives but should also be backed by independent evidence.