NIW and STEM Majors

The fact sheet from USCIS provides an overview of STEM-related petition trends in the EB-2 and O-1A categories from FY 2018 to FY 2023, with a focus on the impact of updated policy guidance issued in January 2022.

Overview of Updated Policy Guidance

In January 2022, USCIS updated its policy guidance to clarify how STEM professionals and entrepreneurs can demonstrate eligibility for the National Interest Waiver (NIW) under the EB-2 category and the O-1A category for individuals of extraordinary ability. This update also highlighted the significance of letters from governmental and quasi-governmental entities in supporting NIW applications.

EB-2 Petition Trends

• Overall Increase in EB-2 Receipts: There was a significant increase in total EB-2 Form I-140 petition receipts, which grew by 20% from FY 2021 to FY 2022 and by an additional 10% from FY 2022 to FY 2023. However, while there was an overall increase, the number of EB-2 petitions specifically in STEM job categories decreased by nearly 13% from FY 2022 to FY 2023.

• Growth in NIW Applications: The use of NIWs within the EB-2 category has risen sharply. From FY 2021 to FY 2022, the proportion of EB-2 petitions with NIW requests increased from 21% to 26%, and this trend continued into FY 2023, where it reached 43%. The actual number of NIW petition receipts almost doubled, from 21,990 in FY 2022 to 39,810 in FY 2023. In contrast, EB-2 petitions without NIW requests decreased during this period.

• Approval Rates for NIW Petitions: The approval rates for EB-2 petitions, including those with NIW requests, have consistently remained high. For instance, in FY 2023, the approval rate for NIW petitions was 90%, reflecting USCIS's favorable assessment of these petitions under the updated guidance.

O-1A Petition Trends

• Increase in O-1A Receipts and Approvals: There was a 29% increase in O-1A petition receipts from FY 2021 to FY 2022, with a slight further increase in FY 2023. The approval rate for O-1A petitions in STEM fields also increased by 33% from FY 2022 to FY 2023, maintaining a stable approval rate of 90% or higher throughout the period covered.

Conclusion

The document highlights a significant shift towards the use of National Interest Waivers within the EB-2 category, particularly following the USCIS's updated policy guidance in January 2022. This trend indicates a growing preference among highly skilled STEM professionals and other exceptional individuals to seek a waiver based on national interest, bypassing the traditional labor certification process. The steady increase in O-1A petitions, especially in STEM fields, further underscores the impact of the updated guidance on immigration trends.

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