Leveraging Your STEM Degree for Green Card Eligibility

Published: October 10, 2024

STEM workers are vital to US economic strength and national security. Although the US STEM sector currently relies on and will continue to depend on domestic and international talent, it also constitutes a significant number of foreign-born talents. 

In 2021, 26 percent of the foreign-born population worked in STEM occupations. That’s relatively higher than the 24 percent of US-born workers recorded in these fields. Moreover, 11 percent of naturalized citizens were employed in STEM-related roles, whereas only 5 percent of noncitizens and 9 percent of US-born citizens did so. 

Historically, the US green card process for foreign STEM professionals has been cumbersome. Rigorous requirements associated with employer sponsorship and labor certification are primary reason for this. However, this is great news for STEM talents around the globe. 

The US Citizenship and Immigration Services (USCIS) expands green card eligibility, allowing more foreign-born professionals in the field to pursue lawful permanent residence. Here, ALG Lawyers will highlight several pathways and considerations to leverage your STEM degree to secure a US green card. 

Updated Guidance for STEM Green Card Approval

The recent USCIS policy update includes a broader definition of “science or art.” It now encompasses a more comprehensive range of disciplines commonly offered at colleges and universities. As a result, more professionals with STEM degrees can participate in the Schedule A Group II process. 

Typically, employers must obtain a labor certification from the Department of Labor (DOL) to hire foreign workers. But, under Schedule A Group II, employers can sponsor a non-citizen employee for a green card without undergoing the lengthy labor market test requirement. 

Although exceptional ability is still required, the expansion gives US employers more streamlined pathways to sponsor foreign-born STEM professionals. Another significant advantage is that applicants don’t need a degree from a US institution to be eligible. 

Leveraging Your STEM Degree for Green Card Eligibility

The importance of the STEM workforce in maintaining the country’s competitive edge is undeniable. As USCIS eased the eligibility criteria of some visa categories for foreign STEM workers, you have better opportunities to establish yourself in the US permanently. 

Despite the clarified guidance on visa procedures for professionals in STEM fields, the annual cap on employment-based green cards remains unchanged. It restricts the number of green cards issued annually in every employment-based classification to no more than 7 percent from a single country. 

As a result, applicants from countries with excessive demand may face more extended waiting periods. Timely application and strategic planning with the best immigration lawyers can help boost your chances of success. Take the following tips into consideration for a starter: 

Determine your eligibility

Assess your educational background, work experience, or supporting documentation to determine if you’re eligible for exceptional or advanced degrees, as USCIS defines them. 

An experienced immigration attorney can help evaluate your qualifications and circumstances. But here are potential green card pathways for STEM professionals: 

• EB-1A for individuals can give proof of extraordinary ability
• EB-1B for outstanding professors and researchers who attained international recognition in the field
• EB-1C for multinational managers and executives who were employed in a multinational company and are seeking a managerial or executive role in the US
• EB-2 advanced for professionals with advanced degrees and exceptional abilities
• EB-3 for skilled workers, professionals, and those doing unskilled labor

Research potential employers

Research potential employers who are hiring STEM workers. These might include universities, hospitals, research institutions, and private companies. Consider browsing their career pages to find specific information on their track record and commitment to hiring international talent and providing immigration support. 

Secure a national interest waiver

You can secure a national interest waiver. It’s an immigrant petition classified under the employment-based second preference (EB-2) classification. This eliminates the requirement for a job offer or labor certification, making it a more flexible pathway for STEM professionals. 

However, you must prove your work will substantially benefit the US national interest. Another factor the USCIS will examine is whether you’re capable of advancing the proposed endeavor. Remember, holding a degree alone isn’t adequate. You’ll need further evidence, such as letters from government agencies. 

Let ALG Lawyers Assist You

USCIS policy changes on certain visa classifications can result in more approvals for foreign nationals with STEM degrees. While it aims to facilitate efficient processing and attract more STEM workers, each situation is unique and can become complex. 

Hence, getting legal guidance from an experienced lawyer is imperative to ensure compliance and maximize the benefits of streamlined pathways for STEM green card approval. Contact ALG Lawyers to assist you in the process, from assessing your qualifications to filing accurate applications and adhering to the latest immigration policies.