EB-2 NIW Under Trump’s Second Term: What to Expect in 2026

Donald Trump’s second term, which began in January 2025, brought a series of executive orders and regulatory reviews that recalibrate the employment-based immigration landscape. For EB-2 NIW applicants, the outlook is not one of route elimination, but of stricter requirements for demonstrating national interest and stronger documentary support in every petition. Understanding this new environment is essential for anyone building a case or evaluating the best time to file.

What the Category Still Is

The National Interest Waiver remains the mechanism provided under Section 203(b)(2)(B) of the Immigration and Nationality Act that exempts EB-2 applicants from the job offer and PERM labor certification requirements. The substantive standard continues to be Matter of Dhanasar (AAO, 2016), with its three prongs: the proposed endeavor has substantial merit and national importance; the foreign national is well-positioned to advance it; and it would be beneficial to the United States to waive the job offer and PERM requirements.

None of these legal bases has been revoked by the Trump administration’s second term. What changed is the USCIS adjudication posture and the frequency of Requests for Evidence — known as RFEs — which have returned to higher levels than those seen during the Biden administration. Generic petitions, superficial recommendation letters, or poorly articulated endeavors are being challenged more frequently.

Observed Adjudication Trends

STEM professionals continue to have the highest NIW approval rates, with sectors tied to semiconductors, artificial intelligence, biotechnology, defense, energy, and critical infrastructure particularly well-regarded. The alignment of these fields with the administration’s stated priorities — such as reindustrialization, energy security, and technological autonomy vis-à-vis China — reinforces the viability of petitions in these areas.

Non-STEM fields face more demanding scrutiny. Professionals in finance, marketing, management, and sectors with less direct correlation to national priorities need to build more sophisticated technical arguments, connecting the endeavor to measurable benefits for the American economy or society. Merely laudatory recommendation letters carry little weight; what advances the case is concrete evidence of impact.

Pressure on H-1B

The H-1B has undergone regulatory reviews and faced historically low lottery rates. Professionals who rely on H-1B status to remain in the United States face pressure from a combination of renewal uncertainty, a 60-day grace period after termination, and the complexity of transfer petitions. This has increased voluntary migration toward the EB-2 NIW as a more stable long-term route.

The practical effect is a higher volume of NIW petitions and, consequently, more detailed scrutiny from USCIS. Applicants who previously benefited from relatively straightforward approvals now need to build stronger cases to stand out in a larger, more competitive pool.

Petition Strategy in 2026

The first Dhanasar prong — substantial merit and national importance — now requires more explicit articulation of the connection between the applicant’s work and American priorities. Generic cover letters, recycled templates, and vague descriptions of contributing to the economy are insufficient. The endeavor must be specific, measurable, and demonstrably connected to strategic sectors or concrete issues of American national interest.

The second prong — being well-positioned — depends on factual evidence: publications with real indicators of impact (citations, reliance by other researchers), patents in use, documented commercial contracts, letters from leaders describing concrete projects, and industry-recognized awards. Promotional language without verifiable substance has been a recurring RFE target.

The third prong — the benefit of waiving PERM — is typically the most overlooked by applicants and the most scrutinized by officers. The petition must explain why, in this specific case, it makes sense for the United States not to require the PERM process. Typical arguments include the urgency of the contribution, the mobility required for multi-institutional collaborations, and an impact that benefits multiple employers or sectors.

Documentation and Current Fees

The petition is filed on Form I-140, whose filing fee as of mid-2025 stood at US$715 following the fee adjustment approved in 2024. Premium Processing via Form I-907 remains available for the NIW I-140, with a 45-business-day processing window. When the applicant is already in the United States in valid status, adjustment of status via Form I-485 is the next step; when abroad, consular processing via Form DS-260 follows.

Documentation includes proof of EB-2 qualification (advanced degree, or bachelor’s degree plus five years of progressive experience, or evidence of exceptional ability), evidence of the endeavor and its impact, independent and dependent letters, educational equivalency evaluations for foreign degrees, and a record of publications or patents when applicable.

Visa Bulletin and Timing

The Department of State’s Visa Bulletin must be monitored monthly. For EB-2, Brazilian-born applicants generally face a shorter backlog than China- or India-born applicants, but fluctuations can affect the timing of adjustment of status or consular processing. Those currently building a case should calibrate their timeline considering both the I-140 adjudication time and visa number availability at their priority date.

Practical Recommendations

The current environment rewards thorough preparation. Applicants should invest time in building a well-articulated endeavor, substantive recommendation letters, and verifiable evidence of impact. Recycling generic templates is a predictable path to an RFE or denial.

Strategic areas — such as semiconductors, AI, biotechnology, clean energy, defense, and advanced manufacturing — remain the most favorable. Professionals outside these sectors need to work harder on articulating the national nexus, but cases continue to be approved when the portfolio supports the thesis.

Staying current with USCIS policy memoranda and regulatory updates is part of the strategy, as the second Trump term has produced regulatory changes at a higher frequency than previous administrative cycles. The EB-2 NIW remains one of the most predictable permanent immigration routes for skilled professionals, but today requires additional rigor in case building.

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.