Published: September 6, 2024
The US immigration landscape for STEM (science, technology, engineering, and math) professionals has witnessed notable transformations in recent years. Finding STEM talent remains a pressing challenge for many countries worldwide.
A National Association of Manufacturing and Deloitte report predicted a significant shortage of skilled workers in STEM fields. Based on the projections, the US must fill up to 3.5 million jobs for STEM professionals by 2025. Over 2 million are expected to remain unfilled due to skilled worker shortages.
Visa petition processes and immigration policies significantly influenced that. The 1990 law restricted employment-based green cards to 140,000 every year. No more than 7 percent of the STEM visa must be granted to citizens of any single country, resulting in extensive waiting periods.
The US Citizenship and Immigration (USCIS) provided guidelines for STEM petitions in January 2022. It’s worth pointing out that the 2022 guidance doesn’t modify the caps on employment-based green cards. Instead, it only clarifies visa procedures for foreign STEM professionals.
More transparent information on the eligibility criteria has led to a notable increase in green card approvals in STEM disciplines. Let’s explore the STEM-related petition trends provided by the USCIS. We’ll also discuss how you can utilize that data to guide your next immigration steps and help you make informed decisions.
Key Trends in STEM-Related Petitions
The new policy guidance clarifies USCIS’ evaluation process for O-1A and EB-2 National Interest Waiver (NIW) petitions related to STEM fields.
Since the issuance of that guidance, there have been increased filings and remarkable improvements in decision-making trends for both EB-2 and O-1A categories. Based on the USCIS data, the following are the key trends for immigration petitions related to STEM fields:
Increases in EB-2 petitions
The number of EB-2 petitions received with or without waivers rose by 20 percent, constituting 70,600 in FY 2021 to 84,470 in FY 2022. Receipts grew further to 10 percent in 2023. The approval rate decreased from FY 2022 to FY 2023, but it remained consistently high, exceeding 90 percent.
Growing requests for National Interest Waivers
More EB-2 petitioners are also requesting the National Interest Waivers (NIWs). Although petitions without NIWs constitute a significant portion, petitions involving NIW requests nearly doubled. These requests soared from 21,990 in FY 2022 to 39,810 in FY 2023. On the other hand, petitions without NIW requests decreased from 62,490 to 53,200.
Rising O-1A petitions
Likewise, receipts for O-1A visas showed a 29 percent increase. The number grew from 7,710 to 9,970 in FY 2021 and 2022, respectively. They continued to exhibit a modest growth, reaching 10,010 in FY 2023.
Approval rates for STEM-related O-1A petitions demonstrated a similar trend. They grew by 25 percent, surpassing 9,120 in FY 2022 from 7,320 in FY 2022. This upward trend persisted, with a slight growth to 9,490 in FY 2023. Significantly, the approval rate stayed consistently at or above 90 percent from FY 2018 to FY 2023.
Leveraging USCIS Data for Your Next Immigration Steps
The data provided by the USCIS collectively indicates a positive trend, reflecting an increase in the frequency and approval rates of petitions filed by STEM professionals.
However, a potential issue could arise even with the clarification on the specific evidence required to prove qualifications and meet USCIS standards. There might be insufficient green cards to meet the excessive demand.
You might consider the following tips to leverage USCIS data to boost your chance of getting a place in line for a green card earlier.
Review the EB-2 NIW option
The EB-2 National Interest Waiver (NIW) presents a compelling opportunity for STEM professionals to self-petition for a green card. Essentially, it removes the requirement for a job offer or labor certification. However, you can only qualify if you demonstrate your work benefiting the country’s national interest. You can strengthen your petition by evaluating your eligibility and emphasizing your work’s contributions to the national interests and STEM field.
Showcase your extraordinary abilities
USCIS data indicates a consistent increase in approval rates and receipts for O-1A petitions since The USCIS has clarified the evidence you can use to support an O-1A petition.
Take proactive steps to stand out by showcasing your extraordinary abilities. A portfolio highlighting your achievements, such as publications, awards, and notable contributions to your field, can help you do so. Likewise, letters of recommendation from prominent experts in your field can further strengthen your case.
Strategize with an experienced lawyer
Evolving trends and regulations can make the immigration process more complex. While the USCIS data are beneficial, consider strategizing with an experienced lawyer specializing in immigration cases. A lawyer can guide you in showcasing your eligibility, targeting high-demand STEM fields, and ensuring your application aligns with the current trends and approval criteria.
Strengthen Your Visa Petition With ALG Lawyers
New transparency in the eligibility criteria for STEM-related petitions provides a more straightforward path for more foreign-born scientists seeking to work and pursue a green card in the US. Still, demonstrating eligibility can be challenging due to the complexities of immigration policies and the necessary documentation required.
Collaborating with an experienced immigration lawyer is paramount despite the significant improvements in the approval trends. ALG Lawyers is here to provide personalized consultations for your specific immigration needs. Contact us today to strengthen your visa petition and maximize your chances of a favorable outcome.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)