EB-1A and NIW Applications Anticipate Considerable Changes as Department of Homeland Security Reveals Plan for Reform

I. Reform in the Making

The U.S. Department of Homeland Security (DHS) and the United States Citizenship and Immigration Services (USCIS) have unveiled the intent to reform visa programs under the Employment Based categories. According to publicly-available information, DHS is proposing to amend its regulations governing EB-1, EB-2, and EB-3 visas. The proposed amendment (1615-AC85) aims to update existing regulations and codify internal policy guidelines in order to provide more refined and transparent evidentiary requirements as well as to further standardize the process.

Information on 1615-AC85 can be found on the official site of the Office of Information and Regulatory Affairs

Link: https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202504&RIN=1615-AC85

II. Proposed Rule 1615-AC85

1. Background of 1615-AC85

A considerable number of provisions in the current U.S. employment-based immigration regulatory framework have remained unchanged for decades, and much of the content no longer adequately reflects the evolution of modern business practices and professional realities. Over the past thirty years, the pace of technological advancement and societal development has often far outstripped the adjustment cycles of policies and regulations. As a result, USCIS has long relied upon a large number of inter-connected policy memoranda when adjudicating cases.

2. Anticipated changes to be included in 1615-AC85

The proposed amendment 1615-AC85 is anticipated to focus on the following aspects

Codifying years of policy memoranda

1615-AC85 aims to formally incorporate a huge collection of policy memoranda issued by USCIS over the years into federal regulations. These regulations will contain detailed standards of adjudication and related legal concepts that USCIS has long implemented through these memoranda. This will provide immigration officers with clear and legally binding guidance in the decision-making process for employment-based applications, with a stated objective of increasing consistency and predictability in case adjudications by reducing discretionary and subjective judgment.

Clarifying the standards of adjudication

1615-AC85 is expected to establish more detailed and explicit evidentiary requirements for certain employment-based immigration categories, such as EB-1A (Individuals of Extraordinary Ability), EB-1B (Outstanding Professors and Researchers), and EB-2 NIW (National Interest Waiver) applicants. Additionally, medical professionals with national or international recognition will benefit from clearer standards for supporting documentation. Once the regulation takes effect, applicants will likely need to submit more persuasive and comprehensive materials to demonstrate their eligibility. Evidence categories such as publications, awards, expert recommendation letters, and demonstrations of national interest are expected to face more targeted, prominent, and probative requirements in order to more thoroughly reflect the substantive value of the applicant’s achievements. While these changes may raise the bar for some applicants, those who are well-prepared will benefit from clearer and more consistent guidance on the documentation needed for a successful petition.

Modernizing relevant agency regulations

The new regulation will revise many outdated provisions to better align with current societal and business realities. For example, the criteria for “individuals of extraordinary abilities” and “outstanding professors and researchers” will be modernized to reflect contemporary employment landscapes, including emerging industries. This will help professionals who previously struggled to fit into traditional frameworks apply for employment-based immigration visas more reliably.

III. Anticipated Timeline for Rule 1615-AC85

According to the Unified Agenda of Federal Regulatory and Deregulatory Actions published by the DHS, the Notice of Proposed Rulemaking (NPRM) for 1615-AC85 is scheduled to be published in the Federal Register in January 2026 for public notice. Members of the general public will be able to review the proposed rules under the 1615-AC85 umbrella, and submit comments and feedback within the usual 30 to 60 days comment period accordingly.

Once the comment period concludes, DHS will compile all public input collected during this period for comprehensive review. Based on all the public feedback, DHS will revise and finalize the draft rules. This process may take several months, and the final version of the regulation is expected to be published and subsequently take effect by the end of 2026 or at a later date. Once the finalized version of regulations take effect, all applications submitted after the effective date will be adjudicated in accordance with the renewed standards.

The official webpage for the NPRM of 1615-AC85, as published on the Unified Agenda of Federal Regulatory and Deregulatory Actions:

Link: Federal Register: Request Access

IV.  How Globevisa can Help You Seize the Opportunity in the Face of Pending Reform

The 1615-AC85 initiative marks a significant step towards modernizing the U.S. employment-based immigration system. Despite the fact that the specific contents of the reform have yet to be released, its direction clearly points toward establishing stricter evidentiary standards and a more standardized adjudication process. For prospective applicants, any petitions submitted before the final rule takes effect (during the window from 2025 through the first half of 2026) will be reviewed under the current, more lenient standards.

While the upcoming regulations are intended to enhance clarity and consistency in adjudication rather than restrict future applications, policy changes in the field of talent-based immigration will inevitably introduce additional challenges for certain applicants. Therefore, early preparation is key to ensuring that EB-1A and EB-2 NIW applications can be submitted under the existing, more favorable adjudication framework. It is also evident that professional legal assistance is more critical than ever to ensure full legal compliance of the submitted materials on the eve of such major policy changes.

As such, Globevisa’s U.S. employment-based immigration program offers inherent value as our team of in-house U.S. attorneys partner up with U.S.-based law firms. By integrating decades of legal expertise in the field of U.S. employment-based immigration applications, Globevisa is the difference between successfully navigating the U.S. immigration system, and becoming bogged down in the complexity of such applications. As the only firm in the industry with a dedicated in-house legal team of U.S.-licensed attorneys and established networks of cooperation with law firms across the continental United States, Globevisa provides comprehensive guidance for employment-based applications. The EB-1A and NIW program at Globevisa boasts a cumulative approval rate of over 95% with multiple industry records. We ensure that applicants receive the most robust and comprehensive support available.