When did USCIS update the NIW Policy Manual guidance?

January 15, 2025, in Policy Alert PA-2025-03. It updated Volume 6, Part F, Chapter 5, Section D of the USCIS Policy Manual and took effect immediately.

Did the 2025 update replace the Dhanasar test?

No. The Policy Manual still uses the three prongs from Matter of Dhanasar: substantial merit and national importance; well positioned to advance the endeavor; and on balance, a benefit to the United States from waiving the job offer and labor certification.

Did it apply to petitions already filed?

Yes. The alert says the guidance "applies to requests pending or filed on or after the publication date."

What is the biggest practical change?

USCIS checks EB-2 eligibility first, using your proposed endeavor in place of a labor certification. If your occupation is not a profession, your experience is not in the specialty, or your exceptional ability does not relate to the endeavor, USCIS may deny without reaching the waiver.

Does the update say entrepreneurs cannot get an NIW?

No. It says not every entrepreneur qualifies, and that broad claims about the economy and job creation are not enough. The Policy Manual still lists evidence that can help entrepreneurs, such as ownership and an active role in a U.S. entity, outside investment, incubator or accelerator participation, grants, intellectual property, and revenue or job growth.

Is Policy Manual guidance law?

It is USCIS's official guidance for its officers, not a statute or regulation. The alert says the Policy Manual guidance "is controlling and supersedes any related prior guidance on the topic." Matter of Dhanasar, a precedent decision, and 8 CFR 204.5(k) remain the underlying law.

USCIS's January 2025 NIW Policy Manual Update: What Changed

Executive summary

USCIS issued Policy Alert PA-2025-03, "Second Preference Eligibility for National Interest Waiver Petitions," on January 15, 2025. It updated the USCIS Policy Manual at Volume 6, Part F, Chapter 5, Section D (National Interest Waiver of Job Offer).

The alert says the guidance "is effective immediately and applies to requests pending or filed on or after the publication date." So it applied to NIW petitions already pending on that day, not just new filings.

The main clarification: before USCIS looks at the waiver, you must first show you qualify for EB-2 — as an advanced-degree professional or a person of exceptional ability. The Policy Manual now says that if you do not, "the petition is statutorily ineligible for the national interest waiver," and USCIS may deny without reaching the waiver.

The update explains how USCIS judges EB-2 eligibility when there is no labor certification: whether your occupation is a profession, whether your five years of post-bachelor's experience is "in the specialty," and whether your exceptional ability relates to your proposed endeavor.

It also adds examples about national importance, letters of support, business plans, and entrepreneurs — including that "broad assertions regarding general benefits to the economy and potential to create jobs will not establish an entrepreneur's qualification."

What did not change: the legal test. The Policy Manual still applies the three prongs of Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). This entry is general information, not legal advice.

What the update means, in plain English

Think of an NIW as two locks. Lock one is EB-2: an advanced degree (or bachelor's plus five years of related experience) in a job that needs a degree, or exceptional ability. Lock two is the waiver: the three Dhanasar prongs. The 2025 update says USCIS opens lock one first. If lock one fails, the case can end there.

Without an employer, there is no labor certification that lists the job's requirements. So USCIS now looks at your proposed endeavor to decide whether the occupation is a profession and whether your experience matches. USCIS's own example: a person with an engineering master's who wants to open a bakery may have trouble, because a baker does not usually need a degree. "The occupation underlying the endeavor is determinative."

For national importance, the update says the benefit must reach beyond one employer. Helping your company, "even an employer with a national footprint," is not enough by itself. Saying your field is important, or that there is a shortage, is not enough by itself either.

Nothing in the update lowers or raises the Dhanasar standard on paper. It tells officers — and you — what evidence to expect at each step.

What the Court held

A petitioner seeking a national interest waiver must first show qualification for EB-2, as an advanced-degree professional or a person of exceptional ability (PA-2025-03, Policy Highlights).
USCIS decides case by case whether the occupation through which you will advance the endeavor is a profession, and, if you rely on a bachelor's plus five years, whether that experience is in the specialty. Each element is the petitioner's burden.
For exceptional ability, USCIS decides case by case how your ability relates to your endeavor, looking at shared skillsets, knowledge, or expertise.
The update adds guidance and examples on how USCIS evaluates national importance.
It explains how USCIS weighs letters of support and business plans for the second prong (well positioned to advance the endeavor).
Not every entrepreneur qualifies; broad claims about economic benefit and job creation are not enough.
USCIS evaluates all evidence in the aggregate; the list of suggested entrepreneur evidence does not mean any one item, by itself, establishes eligibility.