A popular way many skilled professionals seek immigrant visas is through EB-2 National Interest Waivers. This pathway allows applicants to self-petition and bypass labor certification (PERM), which is time-consuming and outside of the control of the beneficiary. Since FY2018, applications surged nearly 500%; however, approval rates dropped to 43% in FY2024. Pending cases also rose during that time from about 3% to nearly 40%.

An explanation for the surge in applications during this period is likely in part due to a seminal AAO case called Matter of Dhanasar which was decided at the end of the Obama administration and slightly relaxed the qualification standards making the option attractive to many applicants. Furthermore, the processing time for PERM cases has only increased during this time, which is a pre-requisite for employer-sponsored petitions. Additionally, applications rose through misinformation about the petition as a “one size fits all’ immigration process for most professionals.

Qualifying for EB-2 National Interest Waivers is quite difficult for most professionals. The category often requires strategic planning, significant professional accomplishment, and working on an endeavor that is highly impactful. While many talented applicants are still successful in this category, the decrease in approvals stem from the challenging level of specificity needed to quality. The relatively subjective standards and backlash to immigration during the end of the Biden administration also are contributors to the changes.

With heightened scrutiny, foreign nationals should ensure they are truly “well positioned” to advance and impact their field. Qualified individuals should not be discouraged, but should proceed with objective assessments and scrupulously prepare their applications, ensuring their proposed endeavors are well thought out.