In January 2022, the Biden Administration introduced significant changes to facilitate the immigration process for professionals in science, technology, engineering, and mathematics (STEM) fields, primarily through the National Interest Waiver (NIW) category. The updated guidance in the USCIS Policy Manual focuses on making it easier for STEM professionals to qualify for NIWs, particularly those whose work contributes to U.S. national security, competitiveness, or critical technological advancements. This guidance builds on the existing framework established by the 2016 Matter of Dhanasar decision.
STEM Definition and Its Relevance to NIWs
The policy changes provide detailed instructions for USCIS officers in assessing NIW petitions from STEM professionals. While the policy manual does not strictly define STEM, it allows examiners to apply the definition used for F-1 STEM Optional Practical Training (OPT). In this context, STEM broadly covers fields such as science, technology, engineering, and mathematics. USCIS examiners are encouraged to rely on the Department of Homeland Security’s (DHS) list of STEM occupations used in STEM OPT to ensure clarity. Last updated in July 2023, this list defines the fields of study considered STEM for the purposes of extending post-graduate employment through the 24-month STEM OPT (Optional Practical Training) extension for F-1 students. This extension provides a valuable opportunity for international graduates to gain practical experience in their field, directly supporting research and development in the U.S.
The DHS list relies on the Classification of Instructional Programs (CIP) taxonomy from the U.S. Department of Education, emphasizing four primary STEM areas: Engineering, Biological and Biomedical Sciences, Mathematics and Statistics, and Physical Sciences. Fields associated with these categories inherently support research, technological development, and innovation—essential aspects of the U.S. STEM workforce.
In addition to core disciplines, the list extends to related fields across a broad spectrum, including areas such as Agricultural and Environmental Science, Architecture, Computer Science, and even certain branches of Psychology and Business that involve rigorous analytical or quantitative methodologies. This diverse inclusion reflects the evolving landscape of STEM fields and acknowledges that innovation often spans across traditionally distinct disciplines.
The manual emphasizes the importance of progress in STEM fields and the essential role that professionals with advanced STEM degrees play in advancing U.S. interests, particularly in areas critical to national security and technological leadership. It underscores that individuals working in these fields can play a significant role in promoting U.S. competitiveness.
National Importance in Critical and Emerging Technologies
For a STEM professional to meet the first prong of the Dhanasar framework—demonstrating that their proposed endeavor has both substantial merit and national importance—USCIS outlines specific areas of focus. The updated policy manual encourages officers to consider whether the petitioner’s work falls within critical or emerging technology fields vital to U.S. national security and economic development.
Critical and emerging technologies include artificial intelligence (AI), quantum information science, biotechnology, and other areas essential to national security, military defense, and the economy. Officers are directed to consult lists of such technologies, such as those provided by the White House’s National Science and Technology Council or the National Security Council.
STEM professionals working on projects that help the U.S. stay ahead of global competitors, enhance technological leadership, or contribute to key strategic objectives are viewed favorably. For instance, work in fields like AI, which can bolster national defense, or renewable energy technology, which can enhance economic independence, would typically meet the national importance requirement.
Focus on U.S. Competitiveness and National Security
In determining whether a proposed STEM endeavor is of national importance, USCIS officers are advised to consider U.S. competitiveness in global markets and national security imperatives. This includes reviewing the priorities set in annual government research and development memos, such as those issued by the White House’s Office of Science and Technology Policy and the Office of Management and Budget.
For work to be considered vital to national security, it should align with objectives outlined in U.S. strategic documents, such as the Interim National Security Strategic Guidance. These objectives include enhancing the security of the American people, expanding economic prosperity, and ensuring the U.S. maintains its leadership in democratic values.
STEM Fields and the First Prong: Substantial Merit and National Importance
USCIS notes that many STEM-related endeavors naturally satisfy the first prong of Dhanasar due to their inherent contributions to national interests, such as technological advancement, economic growth, or public health. However, not all STEM-related jobs automatically qualify as having national importance. For instance, classroom teaching of STEM subjects may not meet the national standard, as its impact is often localized.
USCIS highlights that professionals in STEM fields related to critical and emerging technologies or fields directly influencing U.S. national security and competitiveness are more likely to meet this standard. Therefore, petitioners in AI, robotics, cybersecurity, or bioengineering may have stronger cases when they link their work to advancing U.S. technological leadership or national defense capabilities.
Prong Two: Well-Positioned to Advance the Proposed Endeavor
The second prong of Dhanasar—whether the petitioner is well-positioned to advance their proposed endeavor—is particularly crucial for STEM professionals. USCIS emphasizes that advanced degrees, especially Ph. D.s in STEM fields, are a decisive positive factor when assessing whether a petitioner can carry out their proposed work. However, simply possessing an advanced degree is not enough; the petitioner must show how their education, skills, and experience are aligned with the specific endeavor they propose to pursue in the U.S.
Examiners are encouraged to evaluate additional evidence demonstrating the petitioner’s readiness and capability to advance their work. This could include:
Letters of support from government agencies, academic institutions, or industry experts.
Research publications, patents, or conference presentations that establish the petitioner’s past contributions to their field.
Funding or investment obtained for the project, especially from U.S. entities like venture capital firms or federal research grants.
A detailed plan showing how the petitioner will continue to impact the U.S., including potential collaborations or interest from other stakeholders.
USCIS encourages applicants to provide a totality of evidence showing a clear link between their qualifications and the proposed STEM endeavor. Even if the petitioner’s work is theoretical, as is often the case with fundamental research, it may still qualify if it contributes to U.S. competitiveness or advances national interests.
Prong Three: Waiving the Job Offer and Labor Certification Requirements
For the third prong, which assesses whether it is beneficial to waive the job offer and labor certification requirements, USCIS highlights several factors that STEM professionals can use to strengthen their case. Officers are directed to consider a combination of factors, such as:
The petitioner’s possession of an advanced STEM degree, particularly a Ph.D.
The petitioner’s engagement in work that advances critical and emerging technologies or other areas crucial to U.S. competitiveness.
Evidence that the petitioner is well-positioned to advance their STEM endeavor in the U.S.
Letters from U.S. government agencies, quasi-governmental bodies, or federally funded research centers can be valuable in demonstrating that the petitioner’s work aligns with national priorities. Such letters can help validate the urgency of the petitioner’s contributions, even in cases where other qualified U.S. workers might be available.
Conclusion
The January 2022 policy updates have indeed simplified the National Interest Waiver (NIW) process for STEM professionals by clarifying how their work aligns with the Dhanasar framework. For those in emerging technologies or critical fields directly impacting U.S. competitiveness and national security, this streamlined approach emphasizes the national importance of their projects. The added focus on advanced degrees, such as Ph.D.s, and support letters from government agencies further strengthens the case for highly skilled professionals to demonstrate they are well-positioned to advance their work within the U.S.
These updates create a more accessible path for STEM experts seeking an NIW, reinforcing the U.S. as a destination for top talent in pivotal sectors. However, each case is unique, and establishing national importance or substantial merit can require complex evidence. Please note that this article is for informational purposes only and does not constitute legal advice. We strongly advise consulting with a qualified immigration attorney specializing in NIW cases—whether with us or another experienced firm of your choice—to navigate this process effectively and optimize strategies for a successful application.
At LexElite, we offer a free evaluation for EB-2 NIW and EB-1 cases. If you would like to assess your eligibility for these categories, please email your resume to us at info@lexelite.com.
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