EB-2 National Interest Waiver for Researchers
Are you a researcher in a field of science, technology, engineering or mathematics (“STEM”) who dreams of moving permanently to the United States? If so, EB-2 National Interest Waiver (“NIW”) is an option that you should seriously consider.
This page relates specifically to National Interest Waivers in the context of researchers. If you are interested in the NIW but are not a researcher, please refer to our main EB-2 NIW page.
The EB-2 National Interest Waiver is one of only two employment-based US immigration processes available to non-citizens that lead to permanent residence (green card), which do not require a petition to be filed by a US employer, or a large monetary investment (EB-5), the other being the EB-1A extraordinary ability visa.
Why is the EB-2 National Interest Waiver an ideal US immigration process for researchers?
Though the law does not limit the EB-2 National Interest Waiver to any single profession, researchers in fields relating to science, technology, engineering and mathematics (common US acronym “STEM”) fields are particularly strong candidates.
Often, even highly qualified professionals who apply for NIWs are denied because the “potential prospective impact” of the proposed endeavor is insufficient. In evaluating EB-2 NIW petitions, officers will want to see that the applicant has the potential to impact a given field, or otherwise create a positive impact through their professional activities that will benefit the United States. In practice, one of the most convincing ways to demonstrate to an immigration officer that the applicant has the potential to generate this impact is by showing that they have published original research in their field.
Though an argument can be made that a researcher in virtually any STEM field may pursue a nationally important endeavor in the United States, and thus have an approvable case, certain fields are specifically cited in the USCIS Policy Manual (the manual that USCIS officers use to adjudicate cases), as being of particular importance to the United States.
If you are interested in obtaining a green card and have a doctorate and published research in any of the following fields, you may have a winnable EB-2 NIW case. If so, please feel free contact our law firm for a free consultation.
Why should you choose Patriot Immigration Law Group to prepare your EB-2 National Interest Waiver Petition?
At Patriot Immigration Law Group, we collaborate very closely with our researcher clients, in order to create an immigration petition that helps the immigration officer understand the short and long term importance of the applicant’s research. We endeavor to understand our client’s field and research interests, and develop a convincing argument as to why the person’s presence and professional activities would be beneficial for the United States.
At the start of the representation, we meet with each client to develop a strategy for presenting the applicant’s endeavor, and develop a list of evidence concerning the person’s ongoing and past success to evidence that they are well positioned to continue making original contributions to their field. We also place particular importance on helping each client to draft letters from colleagues, supervisors and experts in their particular fields, which can help to demonstrate their competence as researchers, as well as the importance of their particular fields of research for the United States.
STEM fields that the United States Citizenship and Immigration Services has cited as particularly important for the United States are as follows. The list is quite expansive and opens the doors to researchers from a diverse array of fields to argue that the government has already recognized that their area of expertise is of particular importance for the United States, thus increasing the applicant’s chance of approval. These include:
Advanced Computing
Supercomputing
Edge computing
Cloud computing
Data storage
Computing architectures
Data processing and analysis techniques
Advanced Manufacturing
Additive manufacturing
Clean, sustainable manufacturing
Smart manufacturing
Nanomanufacturing
Advanced Nuclear Energy Technologies
Nuclear energy systems
Fusion energy
Space nuclear power and propulsion systems
Advanced Engineering Materials
Materials by design and material genomics
Materials with new properties
Materials with substantial improvements to existing properties
Material property characterization and lifecycle assessment
Advanced Gas Turbine Engine Technologies
Aerospace, maritime, and industrial development and production technologies
Full-authority digital engine control, hot-section manufacturing, and associated technologies
Advanced and Networked Sensing and Signature Management
Payloads, sensors, and instruments
Sensor processing and data fusion
Adaptive optics
Remote sensing of the Earth
Signature management
Nuclear materials detection and characterization
Chemical weapons detection and characterization
Biological weapons detection and characterization
Emerging pathogens detection and characterization
Transportation-sector sensing
Security-sector sensing
Health-sector sensing
Energy-sector sensing
Building-sector sensing
Environmental-sector sensing
Artificial Intelligence (AI)
Machine learning
Deep learning
Reinforcement learning
Sensory perception and recognition
Next-generation AI
Planning, reasoning, and decision making
Safe and/or secure AI
Autonomous Systems and Robotics
Surfaces
Air
Maritime
Space
Biotechnologies
Nucleic acid and protein synthesis
Genome and protein engineering including design tools
Multi-omics and other biometrology, bioinformatics, predictive modeling, and analytical tools for functional phenotypes
Engineering of multicellular systems
Engineering of viral and viral delivery systems
Biomanufacturing and bioprocessing technologies
Communication and Networking Technologies
Radio-frequency (RF) and mixed-signal circuits, antennas, filters, and components
Spectrum management technologies
Next-generation wireless networks, including 5G and 6G
Optical links and fiber technologies
Terrestrial/undersea cables
Satellite-based communications
Hardware, firmware, and software
Communications and network security
Mesh networks/infrastructure independent communication technologies
Directed Energy
Lasers
High-power microwaves
Particle beams
Financial Technologies
Distributed ledger technologies
Digital assets
Digital payment technologies
Digital identity infrastructure
Human-Machine Interfaces
Augmented reality
Virtual reality
Brain-computer interfaces
Human-machine teaming
Quantum Information Technologies
Quantum computing
Materials, isotopes, and fabrication techniques for quantum devices
Post-quantum cryptography
Quantum sensing
Quantum networking
Renewable Energy Generation and Storage
Renewable generation
Renewable and sustainable fuels
Energy storage
Electric and hybrid engines
Batteries
Grid integration technologies
Energy-efficiency technologies
Semiconductors and Microelectronics
Design and electronic design automation tools
Manufacturing process technologies and manufacturing equipment
Beyond complementary metal-oxide-semiconductor (CMOS) technology
Heterogeneous integration and advanced packaging
Specialized/tailored hardware components for artificial intelligence, natural and hostile radiation environments, RF and optical components, high-power devices, and other critical applications
Novel materials for advanced microelectronics
Wide-bandgap and ultra-wide-bandgap technologies for power management, distribution, and transmission
Space Technologies and Systems
On-orbit servicing, assembly, and manufacturing
Commoditized satellite buses
Low-cost launch vehicles
Sensors for local and wide-field imaging
Space propulsion
Resilient positioning, navigation, and timing (PNT)
Cryogenic fluid management
Entry, descent, and landing
Machinery
Semiconductor machinery manufacturing
Other industrial machinery manufacturing
Optical instrument and lens manufacturing
Photographic and photocopying equipment manufacturing
Other commercial and service industry machinery manufacturing
Machine tool manufacturing
Cutting and machine tool accessory, rolling mill, and other metalworking machinery manufacturing
Turbine and turbine generator set units manufacturing
Computer and Electronic Products
Electronic computer manufacturing
Computer storage device manufacturing
Computer terminals and other computer peripheral equipment manufacturing
Telephone apparatus manufacturing
Broadcast and wireless communications equipment
Other communications equipment manufacturing
Semiconductor and related device manufacturing
Printed circuit assembly (electronic assembly) manufacturing
Other electronic component manufacturing
Electrical equipment, appliances, and components
Electromedical and electrotherapeutic apparatus manufacturing
Search, detection, and navigation instruments manufacturing
Automatic environmental control manufacturing
Industrial process variable instruments manufacturing
Totalizing fluid meter and counting device manufacturing
Electricity and signal testing instruments manufacturing
Analytical laboratory instrument manufacturing
Irradiation apparatus manufacturing
Manufacturing and reproducing magnetic and optical media
Relay and industrial control manufacturing
Storage battery manufacturing
Primary battery manufacturing
Carbon and graphite product manufacturing
All other miscellaneous electrical equipment and component manufacturing
Other transportation equipment
Aircraft manufacturing
Aircraft engine and engine parts manufacturing
Other aircraft parts and auxiliary equipment manufacturing
Guided missile and space vehicle manufacturing
Propulsion units and parts for space vehicles and guided missiles
Miscellaneous Manufacturing
Surgical and medical instrument manufacturing
Surgical appliance and supplies manufacturing
Dental equipment and supplies manufacturing
Ophthalmic goods manufacturing
Dental laboratories
Chemical products
Pharmaceutical preparation manufacturing
In-vitro diagnostic substance manufacturing
Biological product (except diagnostic) manufacturing
Pesticide and other agricultural chemical manufacturing
Data processing, internet publishing, and other information services
Software publishers
Data processing, hosting, and related services
Internet publishing and broadcasting and Web search portals
Professional, scientific, and technical services
Custom computer programming services
Computer systems design services
Scientific research and development services
All other miscellaneous professional, scientific, and technical services
The preceding list was taken from the following two documents, both of which were cited by the United States Citizenship and Immigration Services Policy Manual (USCIS PM), in the National Interest Waiver section.
White House Critical and Emerging Technology List, pages 7-11
IDA – Economic Benefits and Losses from Foreign STEM Talent in the United States, pages 113-114
Contact our law firm today for a consultation with an attorney concerning your eligibility.
USCIS PM – Volume 6, Part F, Chapter 5 - https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-5
Contact Patriot Immigration Law Group today for a consultation.