2025 was one of the most active and consequential years for EB 2 NIW adjudications. The year brought major regulatory updates, procedural announcements, shifting adjudication patterns, and noticeable trends in Requests for Evidence. For applicants preparing in 2026, understanding what happened during 2025 is essential, because many of these changes have already begun shaping how USCIS analyzes NIW petitions.
January 15, 2025: A Landmark Policy Update
The year began with a significant policy update on January 15, 2025, which revised how adjudicators apply the NIW framework. Although the Dhanasar decision itself did not change, USCIS provided new guidance that emphasized the importance of evidence showing national level importance, feasibility of execution, and the petitioner’s ability to advance the proposed endeavor. Many observers noticed that adjudicators began examining supporting evidence with greater scrutiny, particularly in relation to whether the petitioner has a realistic ability to carry out the endeavor in the United States.
August 2025: Two Announcements That Shifted the Landscape
In August, USCIS released two important announcements. First, adjudicators were given wider discretion to weigh evidence based on professional judgment rather than a strict checklist approach. This has resulted in a more subjective style of adjudication in which the overall persuasiveness of the petition carries more weight than the quantity of documents.
Second, USCIS clarified that the Child Status Protection Act (CSPA) age will now be calculated based on the Final Action Dates chart of the monthly Visa Bulletin when determining whether a dependent child remains eligible. This change affects the adjustment of status planning for families and reduces the predictability that previously came from using the Dates for Filing chart.
Government Shutdown Did Not Pause NIW Processing
Later in the year, when the federal government faced shutdown challenges, many applicants were concerned that immigration processing might stop. Unlike most government agencies, USCIS continued NIW processing uninterrupted because its operations are funded through filing fees rather than taxpayer appropriations. While this did not reduce processing times, it also meant that adjudications did not halt.
Late 2025 Trends: What We Observed in Real Cases
As the year progressed, several patterns became clear.
Premium Processing was consistently taking almost the full 45 business days to produce a first action. Before, petitions filed through Premium Processing could get a decision within a month, but now USCIS almost always used the maximum window.
Even strong cases received RFEs. This was not necessarily an indication of a weak petition, but rather reflected a broader trend of deeper scrutiny across the board. Adjudicators were seeking clarification for even small details.
Recommendation letters were valued less unless they were independent. Letters from mentors, co authors, former supervisors, or collaborators carried less persuasive weight, while letters from unaffiliated experts who could assess the petitioner’s impact objectively were more influential.
Applicants with connections to U.S. government entities were often viewed favorably. This included involvement in federal grants, national laboratory collaborations, government funded research, or partnerships with agencies. Cases demonstrating a clear connection to U.S. government priorities generally faced a smoother review process.
Finally, USCIS increased its scrutiny of the proposed endeavor. Petitioners were asked to provide detailed explanations of how they will actually execute their plan in the United States, including implementation steps, anticipated partners, commercialization or deployment plans, timelines, and geographic focus. General statements of intent were rarely sufficient.
Year End Summary: Filings on Track for Record Levels
Based on data available through the end of the third fiscal quarter, NIW filings in FY2025 are on pace to reach the highest annual volume recorded to date. Official fourth quarter numbers have not yet been released, but submission patterns indicate unprecedented demand for NIW adjudication during the 2025 cycle.
Final Thoughts for 2026 Petitioners
The past year confirmed that NIW success is no longer driven only by credentials or number of publications. USCIS is clearly prioritizing petitions that demonstrate feasibility, independence of recognition, and a concrete plan for future work inside the United States.
If you are preparing your NIW petition in 2026, it is beneficial to work with a team that understands the current adjudication patterns and can align your evidence and proposed endeavor with the standards that USCIS is actually applying right now. Contact us for a free NIW evaluation to see if you qualify.
Thath Kim II
US Attorney
Licensed in Oregon
11F 1108, Seocho-daero 77gil 17, Seocho-gu, Seoul, Republic of Korea 06614