EB-1 and NIW cases are becoming more difficult under current USCIS review trends. Demand has not gone down, but the way cases are being evaluated has clearly shifted.
We are seeing more requests for evidence and more denials, especially in cases that might have been considered approvable in the past. The biggest change is not in the law itself, but in how strictly officers are looking at the details.
One of the main issues is how “national importance” is being presented. It is no longer enough to show a strong background or solid experience. USCIS is focusing much more on whether the work has a clear and broader impact beyond the individual or employer.
Another common problem is that the evidence does not fully support the claims being made. Having good credentials is still important, but the documentation needs to clearly show influence, recognition, and real outcomes. We are also seeing more pushback on EB-1 cases that look too similar to NIW filings, with officers drawing a clearer distinction between the two.
What this means in practice is that filing quickly with a “good enough” case carries more risk than before. A more careful approach is needed. That includes evaluating cases more thoroughly before filing, identifying any gaps in evidence early, and being realistic about whether EB-1 or NIW is the better path.
Our approach has shifted accordingly. We are focusing on selecting cases that are clearly strong, taking more time to position them properly, and addressing potential weaknesses upfront rather than reacting later. Strong cases are still getting approved, but the margin for error is smaller than it used to be. If you are considering an EB-1 or NIW case, it is important to approach it with the right strategy from the beginning. If you would like us to review a case or discuss options, feel free to reach out.
If you are considering an EB-1 or NIW case and need professional guidance, you can contact our immigration team for a detailed case review and consultation.
