EB-2 NIW in the Trump 2.0 Era: What Changed in 2025 and 2026

Donald Trump returned to the White House in January 2025 with a declared immigration agenda, and the EB-2 National Interest Waiver—a category that waives job offer and PERM requirements for professionals whose work benefits the national interest of the United States—has been under close watch by the legal community. More than a year later, it is possible to assess, based on USCIS data, published executive orders, and concrete administrative decisions, what the real impact has been and what to expect for the remainder of the second term. This article separates speculation from verifiable facts for professionals who are preparing or adjusting their petitions in 2026.

The EB-2 NIW as a Category

The National Interest Waiver is an exception within EB-2 that allows the petitioner—without employer sponsorship—to demonstrate that their proposed work meets the three criteria established in Matter of Dhanasar (AAO, 2016): substantial merit and national importance, the petitioner is well positioned to advance the endeavor, and it would be beneficial to the United States to waive the job offer and PERM requirements. The category received approximately 40,000 petitions per year in 2024 and 2025 according to public USCIS data, and maintains a historical approval rate between 75% and 85% overall, with stronger performance in STEM fields.

What Changed in Trump 2.0’s First Year

The administration issued executive orders in January 2025 tightening admissibility criteria and expanding background screening, but the EB-2 NIW as a category was not directly targeted for revocation or regulatory suspension. The Dhanasar standard remains valid, and I-140 petitions continue to be received and adjudicated normally.

What changed was the tone of adjudication. Consolidated reports from law offices and partial USCIS data indicate a measurable increase in the rate of Requests for Evidence in NIW petitions throughout 2025, particularly in areas considered lower priority by the administration: humanities, applied social sciences, and sectors outside the scope of manufacturing, energy, and national security. The evidentiary bar for the national importance of the endeavor has become explicitly higher.

Sectors That Gained Priority

Public White House documents and internal USCIS directives have reinforced focus on four major areas as national interest priorities: artificial intelligence and semiconductors, tied to the still-active CHIPS and Science Act; energy, with emphasis on energy independence and critical infrastructure; defense and cybersecurity, aligned with Department of Defense initiatives; and health and life sciences, especially in national pharmaceutical research and development.

NIW petitions that organically connect to these themes have recorded shorter adjudication times and more focused RFEs, often targeting specific points of evidence rather than broad questions about the relevance of the proposed work.

Sectors Under Stricter Scrutiny

On the other hand, proposals in basic education, applied social sciences, welfare, and diversity have faced more skeptical adjudication. RFEs in these cases tend to question not only the evidence but the very framing of national importance—legally more difficult terrain to defend because it involves value judgments about government priorities, not just facts.

The H-1B Factor and the Internal Migration Effect

The combination of announced cuts to H-1B programs, restrictions on post-termination mobility, and the traditional 60-day grace period has pushed a significant number of H-1B professionals to preemptively migrate to the EB-2 NIW as a more stable route. The effect has been increased demand, particularly in technology, and longer processing times at the responsible service center. Premium Processing for I-140 remains available at a cost of $2,805, with a decision in 15 business days, and has become a practically mandatory tool for professionals in transition.

Visa Bulletin and Per-Country Retrogression

The most felt effect in 2025 and 2026 was not a regulatory change, but the retrogression of dates in the Visa Bulletin for EB-2. Brazil, classified as Rest of World, maintained a relatively short queue, either current or with a few months of wait throughout 2026. For India and China, however, retrogression exceeded years, turning NIW into a category with fast I-140 approval but prolonged wait for adjustment of status.

How to Adapt Your Petition in 2026

Professionals building NIW cases now must reflect the current environment on three fronts. First, the framing of the endeavor: explicitly aligning the proposed work with documented government priorities, citing executive orders, the CHIPS Act, DOD strategies, or HHS-declared initiatives where applicable. Second, impact evidence: prioritizing concrete metrics (patents, Web of Science citations, federal contracts, public funding) rather than generic recommendation letters. Third, anticipating RFEs: structuring the initial petition as if already answering the USCIS’s typical questions about national importance, positioning, and prospective benefit.

What Could Still Change

There are pending regulations in the White House’s Unified Agenda that could more directly affect the NIW, including a review of the Dhanasar criteria itself via Notice of Proposed Rulemaking and changes to the USCIS fee schedule expected for 2026 or 2027. None of this had been formally published for public comment as of April 2026, but the landscape recommends preparing petitions now—with Premium Processing—rather than waiting for regulatory windows that could close at any time.

Practical Reality for 2026

The EB-2 NIW remains the most flexible route for highly qualified professionals seeking permanent residence in the United States without relying on an employer sponsor. The Trump 2.0 administration has not dismantled the category, but has raised the evidentiary bar and rewarded sectors aligned with its industrial and security agenda. For the Brazilian professional, the result is paradoxical: a petition that is harder to build, a shorter queue to receive the green card once approved, and a clear premium on rigorous demonstration of national importance. The window exists, but requires documentary preparation that goes well beyond what was considered sufficient in 2023 or 2024.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.