What is ‘obsolete criteria’ in some NIW guides?

The term obsolete criteria appears in some EB-2 NIW (National Interest Waiver) guides to indicate parameters that were once used as a reference but that no longer reflect how petitions are assessed today.

This happens because immigration policies and guidance change over time. Older materials may describe requirements or approaches that USCIS no longer applies in the same way, and relying on them can distort your reading of what really matters in the petition today.

• Old guides and templates may repeat criteria that are already superseded.
• Outdated criteria lead to mistaken expectations and strategies.
• What counts is always the guideline in force at the time of your petition.

For that reason, when studying the NIW, confirm each point in updated official sources and, when in doubt, with a specialist. This way you avoid building the case on rules that are no longer in effect.

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.