Visa Approvals Soar for Gifted STEM Workers in O-1 and EB-2 Categories

Newly released data from the U.S. Citizenship and Immigration Services (USCIS) has shown that thanks to policy guidance released in January 2022, more foreign nationals working in the STEM fields are receiving O-1A visas than ever before.

In just the first year of issuing its revised guidance for example, issuance of O-1A visas soared by 30% to 4,570 and remained steady throughout fiscal year 2023.

USCIS’ clarifying policy guidance also benefitted EB-2 applicants with advanced STEM degrees seeking the National Interest Waiver petition. The number of such visas approved in 2022 increased by 55% over 2021, to 70,240 visas and remained at a high level throughout 2022.

Recent policy clarifications have helped those with advanced degrees in the STEM fields understand whether they meet the qualifying criteria of the O-1A and EB-2 National Interest Waiver petition, because USCIS has been much more transparent in listing examples of the types of evidence that will satisfy the evidentiary criteria, focusing on the highly technical nature of STEM fields and the complexity of evidence typically submitted in these fields.

One of the more interesting updates USCIS provided in its policy guidance, emphasizes that with respect to O-1A petitions, if a particular criterion does not readily apply to the applicant’s field, comparable evidence may be submitted to establish sustained acclaim or recognition, including examples of comparable evidence for those working in the STEM fields, 2 USCIS-PM M.4, Appendices Tab.

Such clarity will allow the United States to retain gifted scientists, researchers, high-tech entrepreneurs, and innovators within the science, technology, engineering, and mathematics fields, while also creating an opportunity for such applicants to remain in the United States with their families. Many who are stuck in long visa queues may also upgrade to other employment-based categories with shorter queues, if they can demonstrate that they have reached the very top of their field, through a demonstrated track record of successes in their field.

Perhaps the increased demand for these visas by highly gifted and talented STEM workers, may persuade Congress to increase the employment-based quotas and provide meaningful immigration reform in the years to come.

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