Second Preference Eligibility for National Interest Waiver Petitions
Agency updatePublished Jan 15, 2025Changes requirements
A policy alert is USCIS guidance to its own officers, not a regulation. It governs how USCIS adjudicates, and it can be revised or withdrawn without rulemaking.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address how USCIS evaluates eligibility for second preference classification for national interest waiver petitions, for which the U.S. Department of Labor (DOL) does not certify the job offer requirements.
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Visa categories
EB-2 second preference
Where the document says this
EB-2 second preference: “Policy alert: Second Preference Eligibility for National Interest Waiver Petitions”
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The Department of Labor (DOL or the Department) is issuing this Notice of Proposed Rulemaking (NPRM) to solicit comments and public input regarding its proposal to revise Employment and Training Administration (ETA) regulations governing the prevailing wages for employment opportunities that United States (U.S.) employers seek to fill with alien workers on a permanent or temporary basis through certain EB-2 and EB-3 employment-based immigrant visas via the Permanent Labor Certification (PERM) program or through H-1B, H-1B1, or E-3 nonimmigrant visas. Specifically, DOL is proposing to amend its regulations governing the PERM program and Labor Condition Applications (LCAs) to incorporate changes to the computation of wage levels under the Department's four-tiered prevailing wage structure based on the Occupational Employment and Wage Statistics (OEWS) wage survey administered by the Department's Bureau of Labor Statistics (BLS). These proposed revisions aim to better align prevailing wage levels with the wages paid to U.S. workers who are similarly employed in the occupation and area of intended employment. The Department's proposed revisions also seek to strengthen program integrity by reducing the incentive for employers to use these programs to replace, rather than supplement, U.S. workers by employing lower-paid alien workers. In addition, the revision would enable the Department to more effectively ensure that the employment of immigrant and nonimmigrant workers admitted or otherwise provided one of the covered statuses does not adversely affect the wages and working conditions of U.S. workers.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the U.S. Department of Labor’s (DOL) adoption of the Foreign Labor Application Gateway (FLAG) system and its impact on certain immigrant visa petitions filed on behalf of professional athletes.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to support and align with Executive Order (EO) 14201, Keeping Men Out of Women’s Sports. EO 14201 directs the Secretary of Homeland Security to develop policies to prevent the entry of male athletes seeking to compete in women’s sports.
U.S. Citizenship and Immigration Services is updating its policy guidance to clarify how we evaluate eligibility for the second preference employment-based (EB-2) classification for immigrant petitions filed with a request for a national interest waiver (NIW).
U.S. Citizenship and Immigration Services today announced a Federal Register notice (FRN) providing updated procedures for submitting a Form I-140, Immigrant Petition for Alien Workers, accompanied by a permanent labor certification, application for Schedule A designation, or national interest waiver (NIW) request.
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Affected Policy Manual sections, as listed by USCIS: 6 USCIS-PM F.5 (Immigrants).
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