Immigration Insights
A researcher, engineer, or scientist whose path to a green card currently depends on an employer’s sponsorship can often petition on their own behalf through the NIW for STEM: the EB-2 national interest waiver (or NIW) that applies to technical fields. This waiver removes the job offer and PERM labor certification requirements of a standard employment-based green card, so the individual controls the filing rather than the employer. An NIW does require eligibility to be proven under the Matter of Dhanasar test, and an advanced degree in a field tied to a critical and emerging technology can generally strengthen a case. However, it does remain a discretionary standard, which means eligibility is never guaranteed.
Scott D. Pollock & Associates, P.C. represents researchers, engineers, and other professionals in many different types of employment-based immigration cases. Read on to learn more about the process of determining NIW eligibility, and how an experienced immigration attorney can potentially help strengthen your petition.
The National Interest Waiver and STEM Eligibility
USCIS has issued specific guidance on how scientific and engineering professional endeavors meet the legal standard for NIW eligibility. The waiver falls under the umbrella of employment-based second preference (EB-2), and it means that a person who holds an advanced degree or shows exceptional ability may ask USCIS to waive the job offer and labor certification requirements when their proposed work is in the national interest. For applicants in the sciences and engineering, the agency’s guidance in the USCIS Policy Manual (Volume 6, Part F, Chapter 5) explains how an advanced STEM degree and work in a critical and emerging technology can affect a petition.
The three-prong Dhanasar test also applies to every national interest waiver, regardless of the applicant’s field of employment. What this test does is identify:
(1) that the foreign national’s proposed endeavor has both substantial merit and national importance; (2) that he or she is well positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.
(More on this below.) This differs from the physician national interest waiver, a separate rules-based track for doctors who commit to service in underserved areas.
National-Priority STEM Fields: AI, Semiconductors, Energy, and Security
The fields most readily recognized as nationally important are the ones the Executive Office of the President lists as critical and emerging technologies. That list, maintained by the National Science and Technology Council and updated periodically, includes artificial intelligence, semiconductors and microelectronics, clean energy generation and storage, quantum information technologies, advanced communications, and biotechnology, among others (as of 2026).
Working in one of these areas does not mean that a person automatically qualifies. However, USCIS does treat an advanced degree in a field connected to a critical and emerging technology (particularly a doctorate) as a positive factor, especially when the applicant is well positioned to advance this work. Their petition still must explain how the specific endeavor relates to the priority field, and why the work is of national importance beyond the applicant’s own employer or project.
Building the Dhanasar Case for Technical Work
As mentioned above, the Dhanasar test asks three questions. A technical petition has to address each. First, the proposed endeavor must have substantial merit and be of national importance. Second, the applicant must be well positioned to advance the endeavor. Credentials, a record of results, and future plans for the work can all be important pieces of evidence: degrees, publications, patents, citations, funding, adoption of the applicant’s methods by others, etc. Third, it must, on balance, benefit the United States to waive the job offer and labor certification given the applicant’s qualifications and the nature of the work.
Demonstrating National Importance
USCIS looks for impact that reaches beyond the applicant’s specific job: for example, research with applications across an industry, engineering work that advances a technology other firms and agencies rely on, or contributions to a field the government has identified as a national priority. A petition makes the case by connecting the applicant’s individual endeavor to the broader field and to the national priority it serves.
Evidence That Strengthens a STEM Petition
- Degrees and credentials tied to the endeavor, especially an advanced degree in a field connected to a critical and emerging technology
- Publications and citation records showing that other researchers build on the work
- Patents, together with evidence that they have been licensed or used
- Grants and funding, particularly from federal agencies or competitive programs
- Letters from independent experts who can speak to the work’s importance, beyond supervisors and collaborators
- Evidence of adoption: ie. that the industry, government, or other researchers use the applicant’s methods, tools, or findings
- A clear description of the proposed endeavor and a realistic plan to continue it in the United States
Independent corroboration carries more weight than self-description. A letter from someone with no personal connection to the applicant, or a citation from an unrelated research group, reflects the field’s judgment rather than the applicant’s own account of it. Documentation problems (letters that praise character instead of contribution, citation counts offered without context, etc.) are among the more common reasons for further evidence to be requested from USCIS.
Frequently Asked Questions
Do engineers and other STEM professionals qualify for an NIW?
Yes. Engineers, scientists, researchers, and other professionals in technical fields regularly qualify for the national interest waiver, provided they meet the EB-2 threshold and satisfy the three-prong Dhanasar test. An advanced degree in a field connected to a critical and emerging technology can strengthen a petition, though eligibility depends on the specific endeavor and evidence rather than just the field alone.
Does working in AI or another priority field help my petition?
It can help, though it does not decide the case. USCIS treats an advanced STEM degree in a field tied to a critical and emerging technology, such as artificial intelligence or semiconductors, as a positive factor, particularly when the applicant is well positioned to advance the work. However, the petition still has to show that the specific endeavor carries national importance.
Can I file an NIW while on an H-1B?
Yes. A national interest waiver is an immigrant petition, and it can be filed while the applicant holds H-1B status. Many applicants file the waiver while working on an H-1B or O-1, since it removes the dependence on employer sponsorship that those categories otherwise involve. Whether the applicant can then apply for permanent residence from within the United States (adjustment of status) right away depends on their priority date and country of birth.
What evidence best shows national importance for technical work?
Evidence that connects the applicant’s work to impact beyond a single employer tends to carry the most weight for proving national importance. Independent expert letters, citation and adoption records, federal funding, and a clear explanation of how the endeavor advances a priority field are generally more persuasive than job titles or internal recognition. The strongest petitions document how both the broader field and the United States stand to benefit from the applicant’s work, beyond a record of the applicant’s past accomplishments.
Discuss a STEM NIW Petition With Our Attorneys
A successful national interest waiver petition depends on strong, well-ordered evidence to show how an individual applicant’s work satisfies NIW eligibility requirements. The employment-based immigration attorneys at Scott D. Pollock & Associates, P.C. have over three decades of experience in immigration and nationality law, including national interest waiver petitions for researchers, engineers, and other professionals in technical fields. To discuss national interest waiver eligibility, call 312.444.1940 or fill out our online contact form to schedule a consultation.
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