As the world recovers from the lag brought about by COVID-19, emerging from the fog is 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.
To clarify, the EB-2 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, no US-employer is required to sponsor the individual, and no job offer is required.
Furthermore, 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 10 years. Should the applicant and their dependents meet the residency requirements of citizenship, they will be eligible to apply for US citizenship within 5 years of holding their green card.
To qualify for the EB-2 National Interest Waiver, applicants must meet specific criteria:
a) Exceptional Ability: Applicants must demonstrate outstanding expertise and exceptional skills in their profession, usually through sustained national or international acclaim.
b) Advanced Degree: Alternatively, candidates may possess an advanced degree or its equivalent in their field.
c) 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.
An expert in the STEM field is uniquely positioned to be suitable for the EB-2 NIW program as these fields are critically important to the US' advancements in technological innovation, economical impact, and overall competitiveness on the world stage.
To demonstrate exceptional ability or holding an advanced degree, 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. For instance, individuals with patents, publications in peer-reviewed journals, and significant citations for their work, may benefit under the EB-2 NIW program.
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. 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 the areas of 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".
Additionally, a unique advantage to the EB-2 NIW program in contrast to alternative pathways for STEM experts is the flexibility to conduct their own entrepreneurial pursuits that align with their STEM expertise. 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 EB-2 NIW program.
Overall, the EB-2 National Interest Waiver program presents a compelling pathway to permanent residency for professionals in the STEM fields. 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.
As an approval for an EB-2 NIW petition is discretionary, the success of which rests on the immigration officer reviewing the file, we do reiterate that it is imperative that the initial petition submitted is carefully drafted and prepared to fully demonstrate how the applicant meets the EB-2 criteria. We encourage those interested in the EB-2 National Interest Waiver to speak with one of our lawyers to evaluate and discuss their options available.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
