National Interest Waiver changes for STEM graduates and entrepreneurs
Kyle Huffman • June 3, 2022
Click here to read this article in Spanish
On January 21, 2022, the Biden Administration announced policy changes
for the adjudication of National Interest Waiver applications for holders of advanced STEM degrees. The changes aim to expand access to the national interest waiver by applying unique considerations to applications that fall within STEM fields.
The new guidance issued in the USCIS policy manual does not change the foundational requirements for national interest waivers that have been in place since the Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) decision was issued. Applicants seeking a national interest waiver will still have to prove that the following three criteria are met:
- The proposed endeavor has both substantial merit and national importance
- The Applicant is well positioned to advance the proposed endeavor
- On balance, it would be beneficial for the United States to waive the requirements of a job offer and labor certification.
While the new guidance doesn’t fundamentally change the requirements for the national interest waiver, it does provide several specific considerations that may make national interest waiver applications in STEM fields more accessible.
The changes will have the most notable impacts on the second and third criteria. Specifically, having an advanced degree in a STEM field, particularly a master’s degree or Ph.D., has been designated as a strong positive factor of particular importance in determining whether the applicant is well positioned to advance the proposed endeavor. In many cases, having the advanced degree alone will not be sufficient to prove that the applicant is well positioned to advance the proposed endeavor, but pairing the advanced STEM degree with additional supporting evidence, such as testimonial letters from recognized experts in the field, evidence of patents or intellectual property ownership for STEM technologies, and evidence of publications of research in scholarly articles can bolster the advanced STEM degree in proving to an immigration officer that the Applicant is well positioned to advance the proposed endeavor.
The new policy guidance also provides that having a proposed endeavor involving research and development of new and emerging technologies that have the potential to increase the United States’ competitiveness on the global economic scale, as well as research and development on new technologies with the potential to enhance the U.S. national security, is a very strong positive factor in balancing whether it would be beneficial for the United States to waive the labor certification requirement.
Each National Interest Waiver case is unique. There is no precise combination of degree and proposed endeavor that will guarantee an approval, as there are many other factors that go into making the determination for a national interest waiver application. But, with these new policy guidelines in place, individuals with master’s degrees and/or Ph.D.’s in a STEM-related field, with a proposed project aimed to enhance the United States’ economic competitiveness and national security, will now have several strong positive factors weighing in favor of an approval on the application, and a much better chance of success.
If you have any questions about how the new policy guidelines for STEM graduates applying for national interest waivers means for you, please schedule a consultation with one of our experienced attorneys.
We look forward to working with you.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Kyle Huffman
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