AN Untapped Potential
There is a growing recognition that professionals in the STEM (Science, Technology, Engineering, and Mathematics) fields are uniquely positioned to be suitable candidates for the EB-2 National Interest Waiver (NIW) program.
Overview of the EB-2 NIW Program
The EB2 NIW category is part of the US employment-based immigration programs, designed for professionals holding advanced degrees or possessing exceptional ability. Under the employment-based immigration visa category, a successful candidate can bypass the burdensome and lengthy labour certification process and instead apply for a green card on their own merit and credentials. In other words, an applicant does not require a US-employer to sponsor the individual or job offer.
Benefits for Successful EB-2 NIW Application
Upon a successful application, the applicant, and their accompanying dependents (spouses, and dependent children under 21-years-old) would receive an unconditional green card valid for ten years. Should the applicant and their dependents meet the residency requirements of citizenship, they will be eligible to apply for US citizenship within five years of holding their green card.
To qualify for the EB-2 National Interest Waiver, applicants must meet specific criteria:
- Exceptional Ability: Applicants must demonstrate outstanding expertise and exceptional skills in their profession, usually through sustained national or international acclaim.
- Advanced Degree: Alternatively, candidates may possess an advanced degree or its equivalent in their field.
- National Interest: The crux of the application lies in proving that the individual’s work is of substantial intrinsic merit and has a significant positive impact on the United States national interests.
EB2 National Interest Waiver Requirements
Demonstrating Exceptional Ability in STEM Fields
To qualifies for EB-2 national interest waiver the applicant must prove exceptional ability, many STEM experts can rely upon their abundant academic accolades, distinguished publications, or substantial contributions in their respective fields, whether in research, business, or innovation. Individuals with patents, publications in peer-reviewed journals, and significant citations for their work may benefit under the EB2 NIW program. A unique advantage to the EB-2 NIW program in contrast to alternative pathways for STEM experts is the flexibility to conduct their entrepreneurial pursuits that align with their STEM expertise.
Proving National Interest for STEM Professionals
To demonstrate national interest, STEM experts have a unique advantage as the nature of the work of many STEM professionals aligns well with the US’ focus on innovation and economic development. This is paired with a growing need for middle and high-skilled positions in STEM, which creates the opportunity for experienced workers to find a place in America’s STEM field.
According to data from the U.S. Bureau of Labor Statistics, employment in STEM occupations is projected to grow by 10.8% from 2022 to 2032. This growth is significant as the demand for expertise in computer science, renewable energy, and biomedical research increases. Furthermore, a working paper published in the National Bureau of Economic Research shows that immigrants hold a significant share of jobs in the STEM fields, thereby demonstrating their importance in the “nation’s pre-eminence in advanced industries.”
Learn about eligibility and application processes.
Examples of STEM Experts Benefiting from EB-2 NIW
For example, a computer scientist specializing in cybersecurity can launch a start-up business in developing encryption algorithms to safeguard critical infrastructure through this program. Similarly, a biomedical engineer whose research led to the development of a novel diagnostic tool for early detection of chronic diseases can use the EB-2 NIW to create business on this technology. Last, a programmer may develop a sophisticated artificial intelligence (AI) algorithm to calculate and predict human behaviour for more efficient robotics or mechatronic use in the automobile industry. As America is the land of opportunity, many STEM experts choose also to undertake high-impact projects, launch startups, or contribute to academia and research institutions through this EB2 NIW program.
Advantages of EB-2 NIW for STEM Professionals
Overall, the EB-2 National Interest Waiver program presents a straightforward path to permanent residency for STEM professionals. With their exceptional abilities, significant contributions to innovation and economic growth, and direct relevance to the national interest, STEM professionals are well-positioned to leverage this program to advance their immigration goals. Recall that the program allows applicants to forgo the typically mandatory job offer of sponsorship. Those who dream of working in STEM in the US can take advantage of this program, designed to meet growing needs in many areas of the USA’s workforce.
The approval for an EB2 NIW petition is discretionary, thus the success of which rests on the immigration officer reviewing the file; from our review, it imperative that the initial petition submitted is carefully drafted and prepared to demonstrate how the applicant meets the EB-2 criteria fully. We encourage those interested in the EB-2 National Interest Waiver to speak with one of our lawyers to evaluate and discuss the options available.
EB-2 NIW Application Process
The EB-2 NIW process through Harvey Law Group starts with an inquiry through our website, where you’ll receive a preliminary assessment. Note that an applicant must meet at least three of the following criteria:
EB2 NIW Eligibility Criteria Checklist
- Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning in a STEM field.
- At least 10 years of full-time experience working in the STEM field.
- Licensure to practice your profession.
- Evidence of salary in the top 70% of STEM field experts in the country of employment at some point in the last 5 years.
- Proof of membership in an acceptable professional association(s).
- Recognition of achievements in the STEM field from peers, government entities, and professional or business organizations.
- Other comparable evidence (anything that makes your background and/or experience special or noteworthy, including management and/or academic duties, publications, speeches, etc)
Learn about eligibility and application processes.
EB2 national interest waiver processing time and steps
Upon approval of the preliminary assessment, our team will guide you through each step of the application process. Applicants will then gather all the necessary information and documentation to process the application, which involves filing an I-140. From here, the applicant must wait for approval from USCIS. Processing times can vary. However, those who wish to expedite the process can pay for premium processing. Upon approval, the case will be moved to NVC for green card processing, which requires medical checks and consular interviews. After another period of review and waiting, successful applicants will receive their green card.
In Brief
The EB-2 National Interest Waiver (NIW) program offers a unique opportunity for STEM professionals to obtain permanent residency in the United States. This pathway allows qualified individuals to bypass the labor certification process and apply for a green card based on their exceptional abilities and contributions to the national interest. STEM experts are particularly well-positioned for this program due to their specialized skills, the growing demand for STEM professionals in the U.S., and the alignment of their work with national priorities in innovation and economic development. The application process involves demonstrating exceptional ability, proving national interest, and meeting specific eligibility criteria. While the approval process is discretionary, a well-prepared application can significantly increase the chances of success.
Take the next step
If interested in learning more, please get in touch with your local HLG office here for more details. Founded in 1992, Harvey Law Group (HLG) is a leading multinational law firm headquartered in Hong Kong. Our lawyers are based across Asia, North and South America, Europe, Africa, and the Middle East to cater to your specific immigration needs and beyond.
Useful Links
- EB2 NIW for Airline and Helicopter Pilots
- EB2 NIW AME for Aircraft Maintenance Engineers
- EB2 NIW STEM for Science, Technology, Engineering, Mathematicians