1. What is the EB-2 National Interest Waiver (NIW) in STEM fields?
The EB-2 NIW for STEM fields is a U.S. employment-based immigrant visa category that allows individuals with advanced degrees in Science, Technology, Engineering, or Mathematics (STEM) fields to seek permanent residency (a green card) without the need for a specific job offer or labor certification, provided they can demonstrate their contributions are in the national interest of the United States.
2. Which fields qualify as STEM fields?
Regulations define STEM as “science, technology, engineering, or mathematics”. While it is not specifically described in the National Interest Waiver section, there is a DHS STEM Designated Degree Program List for optional practical training that can be used for guidance regarding the fields that fall under STEM.
3. How do I determine if my STEM field qualifies for the EB-2 NIW?
USCIS recognizes the importance of progress in STEM fields and the critical role of professionals with advanced STEM degrees in fostering this progress, especially focused on critical and emerging technologies, U.S. competitiveness and national security. In that respect, USCIS considers authoritative sources, including the National Science and Technology Council’s Critical and Emerging Technologies List Update, the Memorandum on Research and Development Priorities as well as the Interim National Security Strategic Guidance.
4. What are the key considerations for the first prong of the EB-2 NIW application in STEM fields?
The evidence must demonstrate that the STEM endeavor has both substantial merit and national importance. While many STEM endeavors have substantial merit, national importance should be sufficiently broad in potential implications. For example, classroom teaching in STEM, by itself, generally does not establish national importance in the field of STEM education.
5. How does my education and skillset affect the second prong of the EB-2 NIW application in STEM fields?
An advanced degree in a STEM field related to the proposed endeavor, especially a Ph.D., is a positive factor. It demonstrates scientific knowledge in a narrow STEM area. USCIS considers whether this specific STEM area relates to the proposed endeavor.
6. What evidence can supplement my education in the EB-2 NIW application for STEM fields?
Examples of evidence include letters from government agencies and other relevant documentation that show how you are well positioned to advance the proposed STEM endeavor. A degree alone is not sufficient to determine your readiness.
7. What is the third prong of the EB-2 NIW application in STEM fields, and how can I meet it?
The third prong requires demonstrating that factors in favor of granting the waiver outweigh those that support a job offer and labor certification. A strong positive factor includes possessing an advanced STEM degree, engaging in work related to critical technology or STEM areas important to U.S. competitiveness, and being well positioned to advance the endeavor of national importance.
8. How do interested government agencies or quasi-governmental entities play a role in the EB-2 NIW application for STEM fields?
While not mandatory, letters from these entities can be helpful evidence for all three prongs. They can establish expertise in the proposed endeavor, highlight the potential impact on critical and emerging technology, and explain the urgency or benefits of granting the waiver, even if other U.S. workers are available.
9. What if my STEM endeavor doesn't fit into a critical or emerging technology field?
While critical and emerging technology fields are highlighted, the EB-2 NIW can still apply to other STEM areas important to U.S. competitiveness or national security. The key is to demonstrate substantial merit and national importance.
10. Can I apply for the EB-2 NIW if I don't have a Ph.D. but have an advanced STEM degree?
Yes, individuals with advanced STEM degrees other than Ph.D. can still apply for the EB-2 NIW. USCIS considers the relevance of your degree to the proposed endeavor and your overall qualifications.
11. What should I do to ensure a strong EB-2 NIW application in STEM fields?
To strengthen your application, provide comprehensive evidence that aligns with the specific criteria mentioned in the guidelines. Schedule a consultation for guidance in preparing a compelling case that demonstrates your contributions to the national interest in the STEM field.