What are the main indicators USCIS uses to evaluate an EB-2 NIW case?

USCIS evaluates the EB-2 NIW (National Interest Waiver) in a qualitative and individual manner, without a fixed score or point system. The focus is on determining whether the applicant’s work justifies waiving the job offer and labor certification requirements in the national interest.

In practice, the assessment typically revolves around three qualitative pillars:

• Merit and national importance: whether the work has substantial value and a reach that goes beyond local interest, in areas such as science, health, technology, education, culture, or the economy.
• Position to advance the work: whether the applicant’s education, experience, track record, and plans show that they are well positioned to move that work forward.
• Benefit of waiving the labor certification: whether, on balance, it makes sense for the United States to forgo the labor market test in this particular case.

These pillars are supported by evidence such as publications, recommendation letters, awards, recognitions, and records of impact, all evaluated together. Because every case is unique and criteria can change, it is worth checking the latest guidance on the USCIS website and reviewing your profile with a trusted professional.

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Victoria Harper

Editor-in-Chief

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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.