Immigration
Jul. 23, 2026
National interest waivers under increased scrutiny: What practitioners should know
EB-2 national interest waiver petitions remain a valuable immigration pathway, but declining approval rates underscore the need for more specific, evidence-driven filings that clearly establish the petitioner's endeavor, qualifications and national benefit under the Dhanasar framework.
Michael Ashoori
Founder and President
Ashoori Law
His practice focuses on U.S. immigration law, with an emphasis on business, investor and employment-based immigration.
The EB-2 national interest waiver, one of the few employment-based pathways that permits self-petition, has grown substantially in use in recent years even as adjudication outcomes have become markedly less favorable. Practitioners who built NIW practices during a period of high approval rates are now navigating a different environment, one that rewards precision and punishes the template-driven petition.
The statutory framework has not changed. Under IN...
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