USCIS PROVIDES FACT SHEET ON STEM PETITION TRENDS IN EB-2 AND O-1A CATEGORIES
The U.S. Citizenship and Immigration Services (USCIS) has published a fact sheet, STEM-Related Petition Trends: EB-2 and O-1A Categories FY 2018 – FY 2023, that confirms the adjudicatory trends set forth by the Biden Administration-led initiative to attract certain professionals in the fields of science, technology, engineering, and mathematics (STEM) who can demonstrate eligibility for (a) the National Interest Waiver (NIW) in an employment-based immigrant status (EB-2), and (b) nonimmigrant status for individuals of extraordinary ability (O-1A).
This fact sheet highlights data trends in these categories during Fiscal Year (FY) 2022 and FY 2023 compared with fiscal years prior to the policy guidance change. These trends include an increase in receipts of EB-2 petitions from FY 2022 to FY 2023 and increases in National Interest Waiver use and O-1A petition receipts.
Certain noncitizens with an advanced degree or exceptional ability may self-petition for the EB-2 employment-based immigrant visa classification using Form I-140. Those seeking the NIW are requesting that the requirement to secure a job offer, and thus the requirement to obtain labor certification issued by the Department of Labor (DOL), be waived in the interest of the United States. USCIS determines if providing a waiver is in the national interest. Updated policy guidance clarifies how STEM professionals and entrepreneurs can demonstrate eligibility for this NIW, along with the significance of letters from governmental and quasi-governmental entities.
In addition, individuals of extraordinary ability in the sciences, education, business, or athletics may be eligible for O-1A nonimmigrant (temporary) status. Updated policy guidance clarifies how USCIS evaluates evidence to determine eligibility for O-1A nonimmigrants in STEM fields. Those seeking O-1A classification must have an employer or agent file Form I-129.
USCIS has published additional resources on options for noncitizen STEM professionals and noncitizen entrepreneurs to work in the United States.
If you qualify for STEM-related immigration petitions and are interested in pursuing this option, book a consultation with our attorneys to discuss your options.
View the Fact Sheet, here.
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