EB-2 NIW process
The EB-2 National Interest Waiver (NIW) provides a unique pathway for highly skilled professionals to secure U.S. permanent residency without undergoing the labor certification process, provided their work demonstrates substantial merit and national importance. As with any immigration policy, the EB-2 NIW process can be influenced by the political landscape. With speculation about Donald Trump returning to the presidency, it’s worth exploring how a future Trump administration might approach this immigration category.
Scenario 1: Restrictive immigration policies
During Trump’s previous tenure, immigration policies tended to focus on tightening regulations. This was evident in actions such as heightened scrutiny of H-1B visas and proposed changes to asylum rules. If the same approach were applied to the EB-2 NIW 2025 process, applicants might face stricter adjudication standards. For instance, the burden of proving national interest could become more stringent, requiring more detailed evidence of an endeavor’s immediate benefit to the U.S. economy or society.
Moreover, processing times could potentially increase if additional administrative hurdles, such as requests for evidence (RFEs), become more common.
Scenario 2: Favoring high-skilled immigration
Despite his overall restrictive stance on immigration during his previous presidency, Trump has expressed support for high-skilled immigration, especially when it directly contributes to the U.S. economy. During his 2024 campaign, he even advocated for policies favoring green cards for highly educated professionals graduating from U.S. universities.
In this context, the EB-2 NIW program may remain relatively unaffected or even gain enhanced prioritization in critical sectors such as technology, healthcare, and infrastructure. Professionals working in these nationally significant fields could benefit from faster processing times and more favorable adjudication outcomes.
Scenario 3: Shifts in priority sectors
A Trump administration might also redefine what constitutes a nationally important industry focus. During his first presidency, policies emphasized sectors such as manufacturing, energy independence (including fossil fuels), defense, border security, and infrastructure development. Additionally, Trump has been vocal about the importance of attracting STEM talent, a focus that aligns with the current administration’s priorities. This emphasis is evident when reviewing consistently high approval rates for STEM-related EB-2 NIW applications, which have exceeded 90% across the years, compared to non-STEM fields, where approval rates average around 75%. EB-2 NIW applicants proposing endeavors in prioritized sectors could benefit from more favorable adjudication, while those in industries deemed less critical might face stricter scrutiny or heightened requirements to establish the national importance of their work.
Scenario 4: Prioritizing H1B visas
For his potential future presidency, Trump appears supportive of attracting highly skilled immigrants through the H-1B visa program, as highlighted by various sources, including recent articles from Axios, the New York Post, and NBC News.
H-1B visa holders often face uncertainties related to visa renewals and the 60-day grace period for remaining in the U.S. after a job loss. These challenges could incentivize many H-1B holders to pursue the EB-2 NIW thereafter, as a more secure pathway to permanent residency, offering greater stability and control over their immigration status. This dynamic might result in a surge of EB-2 NIW applications, particularly from professionals in high-demand fields seeking to minimize the risks associated with the H-1B program.
Conclusion
While a Trump presidency could introduce changes to the EB-2 NIW process, the extent and direction of these changes would only be certain in a couple of months. Whether policies lean toward restriction or encouragement of high-skilled immigration, applicants should prepare for potential shifts by presenting strong evidence of their qualifications and the national importance of their work.
At Self Petition USA, we monitor immigration trends and draft compelling EB-2 NIW petitions tailored to evolving policies. Stay informed, and let us help you build a robust case to navigate the complexities of the immigration process—regardless of political changes.
