A 2022 update from U.S. Citizenship and Immigration Services (USCIS) is resulting in more science, technology, engineering, and math, STEM visa workers receiving their green cards. The updates addressed the O-1A, a temporary visa for those with “extraordinary ability” that is often an entry point for legal permanent resident status, and a subset of EB-2 visas.

The O-1A visa saw an award increase of almost 30% in FY2023 for a total of 4,570 visas granted. The EB-2 STEM visa approved under the “national interest” waiver saw 55% increase from 2021 to 2022 and remained at the same level in 2023.

The Biden administration has consistently focused on making it easier for STEM workers to stay in the country.  Although the fundamental Congressionally approved program limits the total available employment-based green cards to 140,000 with no more than 7% of those going to any one country, updates clarified the approach for STEM professionals.

The O-1A visa was not widely considered due to uncertainty as to how USCIS would review the application. With the 2022 guidance, USCIS outlined the metrics used to consider O-1A visas. With this information, more foreign-born professionals applied for the visa. There is no cap on the number of O-1A visas and is eligible for unlimited renewal.

Those with advanced STEM degrees applying for the EB-2 visa under the national interest waiver saw an increase in approvals. The 2022 USCIS update waived the company requirement of providing proof of searching for and not finding a qualified domestic worker to fill the role and proof of paying the prevailing wage for the role, among other items. These items are waived if the individual is doing “exceptional” work of “substantial merit and national importance.”

However, the criteria used to determine if a company could qualify for the waiver were not specified. The 2022 USCIS guidance provided this information. Further, the update allowed scientists to sponsor themselves in qualifying situations.

While the 2022 update eased the process of retaining foreign-born STEM talent in the U.S., an overall update to the immigration system is needed to see truly transformational change. The annual cap and the per country limit are the source of extensive delays, sometimes a decade or more, for foreign-born visa holders to receive their green card.

If you have questions about an employment-based visa, legal permanent resident status, or any other U.S. immigration-related issue, contact us at ILBSG. Our team of experienced attorneys work directly with clients to ensure they get the right advice for their particular situation to maximize their odds of a positive outcome.

eb-2 O-1A visa STEM visa USCIS