Future EB-1A and NIW rulemaking: the current position

Nikita Samotsvetov4 min readPublished 23 September 2025

The federal regulatory agenda includes a Petition for Immigrant Worker Reforms project intended to clarify requirements for EB-1A, EB-2 NIW and other employment-based categories. Its Unified Agenda entry described planned rulemaking, not an operative rule.

The stated objective

DHS refers to codifying current guidance, updating the extraordinary-ability provisions and clarifying evidential requirements for first-preference and National Interest Waiver petitions.

Current status of the project

A Unified Agenda entry is not a published proposed rule. Without final wording and a commencement date, it is not possible to say reliably which evidence will become stronger or weaker.

Prepare or wait

We do not stop a ready project solely because a rule has no final text or effective date. A sounder approach is to support each material proposition separately and conduct a fresh check after official publication.

Primary sources

Official documents for “Future EB-1A and NIW rulemaking: the current position”

Check the publication date, the legal status of the document and the version in force on the relevant filing date.

Reginfo.gov – RIN 1615-AC85 Federal Register – Unified Agenda

Author

Nikita Samotsvetov

Nikita Samotsvetov is the founder of Samotsvet. He is responsible for strategy and quality control in case preparation.