EB-2 NIW STEM - Arvian Immigration Law Firm

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EB-2 visa program


EB-2 One of the most common employment-based immigration visas in the United States is the NIW (National Interest Waiver). It is intended for foreign nationals having prior employment experience in the STEM (science, technology, engineering, and mathematics) fields.

The EB-2 NIW is distinguished by the opportunity to request a waiver from the Department of Labor of the need to have a U.S. employer and labor certification by demonstrating that such a waiver would be in the national interest of the United States. You have the legal right to petition on your own behalf.

If the following conditions are satisfied, the USCIS may grant a request for a waiver based on national interest:

  • The vocation you suggest has significant quality and national significance.
  • You have the potential to advance in the suggested position.
  • The United States would benefit from a relaxation of the job offer and labor certification standards.
  • The USCIS Policy Manual has thorough instructions on how to determine eligibility for a national interest waiver. It gives precise proof for people who have the potential to progress the STEM area.

A master’s degree in a STEM subject relating to essential and emerging technologies, or aiding national security or US economic competitiveness, is a great plus, as are letters from interested government agencies.

Critical and developing technologies, particularly military defense, are critical to the United States’ national security and economy. The USCIS selects such sectors based on governmental, academic, and other authoritative sources, as well as the applicant’s proof. Examples of authoritative lists include the Office of Science and technological Policy’s published lists of essential and emerging technological sectors, the National Science and Technology Council, and the National Security Council.

STEM (science, technology, engineering, and mathematics) is critical to competitiveness and security in a variety of circumstances. Projects that assist the United States surpass strategic competitors or enemies, or that relate to industries with extensive R&D, have great importance. Prioritization of vital STEM topics for US competitiveness in the yearly research and development priorities memoranda included in the presidential budget is one sign.

Many planned STEM projects, whether academic or industrial, are of substantial value to US scientific and technical interests and have national significance. Possessing an advanced degree, particularly a PhD degree, in a STEM discipline connected to the development of key and emerging technologies or other important STEM fields for the United States’ competitiveness or national security is a high favorable criterion for assessment.

When examining the third criteria, the existence of the following facts is a major positive factor when determining the value to the United States of the individual’s admission, regardless of the availability of other eligible U.S. workers:

Possession of a doctorate or other advanced degree in a STEM subject.

Working on the development of crucial and emerging technologies, as well as other important areas of science and technology critical to US competitiveness.

The potential to advance a planned STEM initiative of national significance.

Special consideration is given to initiatives capable of strengthening US national security or economic competitiveness, as well as letters from interested US government agencies confirming the petitioner’s efforts. All of these elements are taken into account by USCIS when reviewing STEM-related visa and status applications.

Other evidence considered by USCIS includes employment experience, expert recommendation letters, priority areas indicated in the presidential budget, and letters from interested government entities.

USCIS’s mission is to recruit and assist brilliant and highly qualified STEM workers who can contribute to the United States’ competitiveness and national security.