The U.S. Citizenship and Immigration Services (USCIS) implemented updates in 2022 that are leading to increased green card approvals for science, technology, engineering, and math (STEM) professionals. The updates specifically targeted the O-1A visa, a temporary visa for individuals with “extraordinary ability,” often serving as a pathway to legal permanent resident status, and a subset of EB-2 visas.
In the fiscal year 2023, the O-1A visa saw a nearly 30% increase in awards, totaling 4,570 granted visas. The EB-2 STEM visa, granted under the “national interest” waiver, experienced a 55% increase from 2021 to 2022, maintaining the same level in 2023.
The Biden administration has consistently focused on easing the process for STEM workers to stay in the country. Despite the Congressional program setting the total available employment-based green cards at 140,000, with no more than 7% allocated to any one country, updates created other options for qualifying STEM professionals.
Previously, the O-1A visa faced limited consideration due to uncertainties regarding USCIS application reviews. The 2022 guidance provided by USCIS outlined the metrics used in evaluating O-1A visas, prompting more foreign-born professionals to apply. The O-1A visa has no numerical cap and is eligible for unlimited renewal.
STEM professionals with advanced degrees applying for the EB-2 visa under the national interest waiver saw increased approvals. The 2022 USCIS update waived certain requirements for companies, such as proof of searching for a qualified domestic worker and paying the prevailing wage. These requirements are waived if the individual’s work is deemed “exceptional” and of “substantial merit and national importance.”
While the 2022 update has streamlined the process for retaining foreign-born STEM talent in the U.S., a comprehensive overhaul of the immigration system is still necessary for truly transformative change. The annual cap and per-country limit remain significant sources of delays, often stretching a decade or more for foreign-born visa holders to obtain their green cards.
For questions about employment-based visas, legal permanent resident status, or any U.S. immigration-related issues, individuals are welcome to contact us. Our experienced team of attorneys work directly with clients to provide tailored advice and are with you every step of the way.