The U.S. Department of Homeland Security (DHS) has proposed new regulations that could significantly alter the evaluation of EB-1 and EB-2 National Interest Waiver (NIW) applications starting in 2026. These updates aim to refine the criteria for applicants, making timing as crucial as eligibility for many.
Key Details:
- Updated criteria for EB-1A (Extraordinary Ability) and revised standards for EB-1B (Outstanding Professors & Researchers).
- Clearer evidentiary requirements for NIW cases and new guidelines for physicians of national or international renown.
- Removal of outdated and unclear provisions from existing regulations.
- Changes may create new opportunities for some applicants while making the process more selective for others.
These proposed changes emphasize the importance of strategic planning for those considering EB-1 or EB-2 NIW applications. Applicants are encouraged to evaluate their timing and case preparation in light of the upcoming regulations.
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Source: Yellow Law Group