Is it useful to cite the USCIS Policy Manual in an EB-2 NIW petition?

Yes, citing the USCIS Policy Manual can be useful when preparing an EB-2 NIW petition. This manual compiles the official guidance that USCIS officers themselves use to evaluate petitions, so referencing it aligns your case with the language and criteria of the adjudicating authority.

There are two main benefits to doing this:

• Credibility: it shows that your argument is grounded in official guidelines, not in loose interpretations.
• Command of the rules: it signals that you understand how the process works and what criteria drive the analysis.

That said, an important caveat applies: the interpretation of these guidelines can vary depending on the context and the specifics of each case. Citing the manual without applying it correctly to your situation may weaken, rather than strengthen, your petition.

For this reason, use references carefully and, ideally, with the support of a specialist. Since the guidance is updated from time to time, it is worth confirming the current version of the USCIS Policy Manual directly on the official source before citing it.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.