Ongoing demand for STEM talent, particularly for technology professionals, outpaces available qualified individuals in the U.S. For U.S. employers looking to fill roles in STEM (Science, Technology, Engineering, and Math) areas, the outlook has likely improved due to ongoing policy changes. The Biden Administration recently announced updates that may make it easier for some U.S. employers to hire foreign workers.

Although immigration reform has stalled as part of the Build Back Better Act, updates made within existing legal regulations have been introduced. The White House issued the “Biden-Harris Administration Actions to Attract STEM Talent and Strengthen our Economy and Competitiveness” sheet. Shortly thereafter, U.S. Citizenship and Immigration Services (USCIS) updated a few sections of their policy manual.

Updated policies include:

  • Twenty-two additional degree fields qualify for STEM Optional Practical Training (OPT),
  • Adjudication updates for O-1A petitions for individuals with extraordinary ability,
  • National Interest Exemption (NIE) Waivers for STEM degree holders to apply for a green card,
  • J-1 visa holders and the availability of additional corporate training, and
  • Creation of an early career STEM initiative.

Qualifying employers who wish to recruit foreign STEM students now have three options to sponsor them for the H-1B visa.

For employers who don’t wish to offer sponsorship, foreign national employees can work for up to 36 months rather than the previous 12. Green cards may be available to these individuals prior to the three years of OPT and STEM OPT.

If someone is not selected in the H-1B lottery, the O-1A extraordinary ability visa is an option. However, to qualify, the individual must prove extraordinary ability. As such, the O-1A visa had not been applied for as often. With the new policy, U.S. Citizenship and Immigration Services (USCIS) now accepts comparable evidence for the O-1A, even if it doesn’t align directly with the specific legal criteria. As such, employers may find a higher acceptance level than previously found.

Additional OPT Qualifying Fields of Study

The U.S. Department of Homeland Security also announced the addition of 22 more fields of study that qualify for the STEM Designated Degree Program. Individuals who earn degrees in qualifying fields are eligible for a two-year extension of the OPT program. Foreign nationals with a STEM degree and then eligible for three years of practical work experience which was previously limited to one year. Employers must provide a training program that links the employment with their area of study.

The areas of study include bioenergy, general forestry, forest resources production and management, human-centered technology design, cloud computing, anthrozoology, climate science, earth systems science, economics and computer science, environmental geosciences, geobiology, geography and environmental studies, mathematical economics, mathematics and atmospheric and oceanic science, general data science, general data analytics, business analytics, data visualization, financial analytics, other data analytics, industrial and organizational psychology, and social sciences, research methodology, and quantitative methods.

To hire STEM OPT individuals, employers must:

  • Create a formal training program on Form I-983,
  • Ensure fairness between OPT individuals with others in similar roles filled by U.S. workers, and
  • Register and be in good standing with DHS’ E-Verify program.

O-1A Visa Petition Adjudication Updates

USCIS provided examples of how they will review O-1A visas. Included in the update are clarity around how USCIS determines eligibility, examples of comparable evidence that employers may use if a legal criterion isn’t clear, and how evidence and explanations will be analyzed by the government.

USCIS officers now have examples of the types of evidence that may fulfill evidentiary requirements. As such, immigration attorneys can better develop a plan for O-1A petitions.

Individuals who earned a Ph.D. in a qualified field and serve in an area of critical research or are recognized as leaders in their field are likely facing a more favorable outcome for the O-1A visa.

National Interest Exemption (NIE) for STEM and Entrepreneurs

For individuals whose presence in the U.S. is determined to be of national interest, certain exemptions apply. Qualifying individuals are not required to complete U.S. labor market testing, are not required to have a full-time job offer from a U.S. company and can self-petition the U.S. for permanent residency.

Updates for the NIE Waiver include:

  • Details of the process for reviewing NIE waiver requests for STEM field professionals,
  • Outlining how NIE waiver applies to entrepreneurs,
  • Clarifying the date used to determine post-graduation experience.

Updates to the USCIS policy manual emphasize the importance of individuals with STEM degrees to support continued progress, particularly in new and core technologies. A focus on keeping the U.S. competitive, national security interests, and the development of critical advancements are also noted, particularly for entrepreneurs.

The NIE waiver makes it faster and easier for qualifying individuals to gain permanent work authorization in the U.S.

J-1 Academic Extensions

For exchange visitors coming to the U.S. in STEM fields, the cap for the J-1 visa has been extended to thirty-six months from the previous eighteen months. This update was made by the U.S. Department of State’s Bureau of Educational and Cultural Affairs. With the extension, individuals who were not selected in the H-1B lottery remain eligible for retention by U.S. employers for a longer period of time.

All relevant regulations and rules must be complied with for institutions that wish to extend STEM-related programs.

Early STEM Research Initiative

The Bureau of Educational and Cultural Affairs will create an Early STEM Research Initiative. The effort will be created to help exchange visitors in STEM areas more easily participate in STEM research through host companies. STEM sponsoring organizations can work with companies to find qualifying J-1 exchange visitors to fill roles and participate in various education, research, and professional development areas.

Individually or combined, the above-noted policy updates are certainly providing a pathway to attracting and retaining foreign workers to STEM employers in the U.S. If you have questions about how to fill your open positions with qualified foreign talent, contact us at ILBSG. We work with you to develop a comprehensive strategy to support your ongoing hiring needs.

biden immigration policy J-1 NIE O-1A STEM OPT STEM Research Initiative