New US Immigration Rules Spur More Visa Approvals For STEM Workers

Following policy adjustments by the U.S. Citizenship and Immigration Services (USCIS) in January, more foreign-born workers in science, technology, engineering, and math (STEM) fields are able to live and work permanently in the United States. 'The jump comes after USCIS in January 2022 tweaked its guidance criteria relating to two visa categories available to STEM workers,' reports Science Magazine. 'One is the O-1A, a temporary visa for 'aliens of extraordinary ability' that often paves the way to a green card. The second, which bestows a green card on those with advanced STEM degrees, governs a subset of an EB-2 (employment-based) visa.' From the report: The USCIS data, reported exclusively by ScienceInsider, show that the number of O-1A visas awarded in the first year of the revised guidance jumped by almost 30%, to 4570, and held steady in fiscal year 2023, which ended on 30 September. Similarly, the number of STEM EB-2 visas approved in 2022 after a 'national interest' waiver shot up by 55% over 2021, to 70,240, and stayed at that level this year. 'I'm seeing more aspiring and early-stage startup founders believe there's a way forward for them,' says Silicon Valley immigration attorney Sophie Alcorn. She predicts the policy changes will result in 'new technology startups that would not have otherwise been created.'

President Joe Biden has long sought to make it easier for foreign-born STEM workers to remain in the country and use their talent to spur the U.S. economy. But under the terms of a 1990 law, only 140,000 employment-based green cards may be issued annually, and no more than 7% of those can go to citizens of any one country. The ceiling is well below the demand. And the country quotas have created decades-long queues for scientists and high-tech entrepreneurs born in India and China. The 2022 guidance doesn't alter those limits on employment-based green cards but clarifies the visa process for foreign-born scientists pending any significant changes to the 1990 law. The O-1A work visa, which can be renewed indefinitely, was designed to accelerate the path to a green card for foreign-born high-tech entrepreneurs.

Although there is no cap on the number of O-1A visas awarded, foreign-born scientists have largely ignored this option because it wasn't clear what metrics USCIS would use to assess their application. The 2022 guidance on O-1As removed that uncertainty by listing eight criteria -- including awards, peer-reviewed publications, and reviewing the work of other scientistsâ'and stipulating that applicants need to satisfy at least three of them. The second visa policy change affects those with advanced STEM degrees seeking the national interest waiver for an EB-2. Under the normal process of obtaining such a visa, the Department of Labor requires employers to first satisfy rules meant to protect U.S. workers from foreign competition, for example, by showing that the company has failed to find a qualified domestic worker and that the job will pay the prevailing wage. That time-consuming exercise can be waived if visa applicants can prove they are doing 'exceptional' work of 'substantial merit and national importance.' But once again, the standard for determining whether the labor-force requirements can be waived was vague, so relatively few STEM workers chose that route. The 2022 USCIS guidance not only specifies criteria, which closely track those for the nonimmigrant, O-1A visa, but also allows scientists to sponsor themselves.

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