Under the Biden administration, entrepreneurs, researchers, and professionals whose proposed endeavors aligned with diversity, sustainability, and environmental causes were often embraced by USCIS—especially under the EB-2 National Interest Waiver (NIW) program.
But under President Trump, what qualifies as “national importance” is rapidly shifting. Petitions once praised for their social or environmental mission may now be viewed as politically biased, economically weak, or simply not compelling enough for national interest consideration.
Here are three types of endeavors that received NIW approvals under Biden—but now face a high risk of denial.
1. DEI-Focused Consulting for Underserved Minority-Owned Businesses
Approved Under Biden:
This petition proposed a national consulting program to help minority-owned businesses scale in economically disadvantaged areas. It highlighted mentorship, access to funding, and culturally tailored business strategies—framed as critical to equitable economic growth and national stability.
Why It’s at Risk Now:
The Trump administration has openly criticized DEI initiatives, dismantling diversity programs across government agencies. An endeavor centered around DEI could now be viewed as ideologically driven rather than universally beneficial. Expect USCIS adjudicators to question the neutrality, economic relevance, or even legality of such initiatives in this new political climate.
2. Renewable Energy Startups in Red States
Approved Under Biden:
One entrepreneur focused on distributing affordable solar technology to off-grid, rural communities in traditionally conservative states. The endeavor was praised for supporting energy independence, climate goals, and long-term job creation in underserved areas.
Why It’s at Risk Now:
Trump’s energy agenda favors oil, gas, and coal. His administration has already started rolling back environmental regulations and canceling climate-oriented policies. Endeavors based on renewable energy—especially if they highlight carbon reduction or climate change—may now face skepticism, if not outright rejection, for being too aligned with political agendas no longer in favor.
3. Environmental Justice and Urban Redevelopment
Approved Under Biden:
This petitioner planned to address environmental health disparities in low-income, marginalized urban communities. The proposal combined public health data, environmental engineering, and policy reform to reduce pollution and promote sustainable infrastructure.
Why It’s at Risk Now:
“Environmental justice” is another phrase under fire. Under Trump, policy efforts focused on correcting systemic inequities are often seen as partisan activism rather than objective public service. A petition rooted in social equity and environmental advocacy may be dismissed as too political or not clearly tied to national economic benefits.
What You Should Do Now
The NIW standard is still in place—but how it’s interpreted has already started to change.
If your endeavor focuses on DEI, renewable energy, or environmental causes, it’s crucial to rethink how it’s framed. Focus on economic impact, job creation, commercial viability, and broad national benefits. The less ideological it sounds, the stronger your chances.
Under the Trump administration, attorneys have to make their cases better, stronger, and edgier. That’s where we come in. Our clients thrived during the first Trump presidency, and our firm grew exponentially. Why? Because we took the extra time to include the little things that matter—and those details can change the outcome for our clients.
Our projects go beyond standards to exceed basic requirements and center on what the government actually wants to see. We craft personal endeavor plans that are not only credible and detailed, but also strategically positioned to withstand shifting political scrutiny.
Contact us today to future-proof your NIW petition with a plan built for approval—even in the toughest climate.
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The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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