[2026 UPDATE] USCIS Shift in EB-2 NIW Adjudication: Stricter or More Transparent?

📅 Last updated: March 10, 2026
👤 Content reviewed by: Research & Immigration Content Team – KOSAM LLC Verification: Benchmarked against the USCIS Policy Manual and recent adjudication trends.

In January 2025, USCIS officially updated its EB-2 National Interest Waiver (NIW) adjudication guidelines within the USCIS Policy Manual. While the foundational Matter of Dhanasar legal framework remains unchanged, the evidentiary standards and how officers evaluate “National Importance” have significantly shifted.

At Kosamsolutions, we view this not necessarily as a “crackdown,” but as an increased demand for practical, real-world viability. So, what do applicants need to prepare to avoid an RFE (Request for Evidence) in 2026? Let’s dive into the critical changes below.

Matter of Dhanasar Framework: Old Law, New Interpretation

The EB-2 NIW category continues to rely on the three core prongs of the Matter of Dhanasar precedent. However, in 2026, USCIS is emphasizing the absolute independence of these criteria:

  • Prong 1 – Proposed Endeavor: The endeavor must have substantial merit and national importance.
  • Prong 2 – Well-positioned: The applicant must be well-positioned to advance the proposed endeavor.
  • Prong 3 – National Interest: On balance, it would be beneficial to the United States to waive the requirements of a job offer and labor certification.

Expert Note from Kosamsolutions: Advanced degrees (Master’s or Ph.D.) are now merely “entry tickets.” They are no longer a “guarantee” for Prong 2 without a clear, logical link to a specific plan in the U.S.

“Well-Positioned” – The New Deciding Factor for Approval

The latest update clarifies that immigration officers will no longer accept vague promises. They are focusing on the applicant’s readiness through:

  • Professional Alignment: Past experience must directly support the future endeavor.
  • Implementation Evidence: Preference is given to Memorandums of Understanding (MOUs), secured investments, or recognized research data.

  • Long-term Strategy: A detailed Plan of Endeavor is required instead of a generic job description.

At Kosamsolutions, we emphasize a survival logic chain to convince USCIS:

Personal Ability → Practical Experience → Specific Plan →  National Impact.

The Groups Most Affected by the Change

This update is particularly vital for applicants currently in the U.S. or those planning to relocate:

  • STEM Students (F-1): Filing for an NIW based solely on an excellent degree is no longer enough. You must prove the U.S. market actively needs your specific project.

  • H-1B Visa Holders: While the opportunity for self-petitioning is growing, the requirement for “practical execution” is much stricter than before.

  • Startup Founders: You need a clear development roadmap. Financial and personnel plans in the U.S. must be transparent.

Three Common Errors Leading to RFEs in 2026

Based on our practical experience at Kosamsolutions, we have identified three recurring mistakes:

1. Overly Broad Endeavors: For example, saying “I will do Marketing in the U.S.” is too generic. Instead, specify: “I will apply AI in Marketing to reduce operational costs for small U.S. businesses.”

2. Misinterpreting “National Importance”: This is the mistake of confusing personal success with a benefit to the United States. You must prove how your achievements translate into value for the U.S. economy or society.

3. Lack of Quantitative Data: USCIS highly values hard data. Failing to quantify the impact of past projects makes the petition far less persuasive.

Your EB-2 NIW Strategy with Kosamsolutions

In the current adjudication climate, self-preparing a petition is riskier than ever. At Kosamsolutions, we support you by:

  • Building a Plan of Endeavor: Standardized according to the latest USCIS logical structures.
  • Impact Analysis: Quantifying the value you bring to the U.S. economy and society.
  • Expert Guidance: Our team has a deep understanding of the Policy Manual and the latest immigration updates.

The EB-2 NIW remains the most attractive path to a U.S. Green Card for those without a sponsor. However, 2026 is the year of “substance over form.”

💰 Service Fees at KosamSolutions

KosamSolutions provides a transparent, all-inclusive EB-2 NIW service with a 100% refund guarantee if the petition is denied.

  • NIW for Research/Academic Profiles: $8,000

  • NIW for Other Professional Profiles: $10,000

  • Includes free RFE (Request for Evidence) support and initial profile assessment.

  • USCIS government fees (I-140, I-485, or DS-260) are paid directly to ensure transparency.

👉 View Details: EB-2 NIW Green Card Service

📞 Free 1-on-1 Consultation

  • Web: kosamsolutions.com

  • Email: info@kosamsolutions.com

  • Phone: +1-772-341-1152 (USA) | +84-985-990-459 (Vietnam)

⭐ About the Founder – Dr. Hong-Phuong Nguyen

KosamSolutions (a division of KOSAM LLC) was founded and is managed by Dr. Hong-Phuong Nguyen, a scientific expert who successfully navigated the EB-2 NIW Green Card process himself. He now applies this firsthand experience to help clients master the same criteria.

  • Credentials: Ph.D. in Biomedical Science & Technology; currently serving as a Scientist at Indiana University, USA (since 01/2023).

  • Major Achievement: Recipient of the NIH National Research Service Award (2024–2026), one of the most prestigious research grants from the U.S. Government.

  • Reviewer Roles: Acts as a Manuscript Reviewer for international scientific journals—a key criterion in proving “extraordinary ability” for immigration purposes.

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