Time may be Running Out to Apply for NIW Under Biden’s Initiative for STEM Applicants

On February 2, 2021, President Joseph Biden issued an executive order on restoring faith in the U.S. legal immigration systems and strengthening integration and inclusion efforts for new Americans. This executive order led the U.S. Citizenship and Immigration Services (USCIS) to announce updated policy guidance in the USCIS Policy Manual explaining how the special consideration will be given to an individual in a STEM field applying for a national interest waiver (NIW), especially in areas of critical and emerging technologies, or other STEM areas important to U.S. competitiveness or national security. More details on the NIW are available in the MurthyDotCom InfoArticle, Overview of the EB2 National Interest Waiver (08.Jan.2024).

Uncertain Future of Special Consideration for STEM EB2 NIW Petitions

Although this special consideration policy is in force at the time of this writing, it is only an administrative policy, and a new president could quickly end the policy with an executive order, without Congressional action or the regulatory rulemaking process, as explained in the MurthyDotCom NewsBrief, Uncertain Future of Various Immigration Benefits (24.Jun.2024). An individual eligible to benefit from this policy may need to act quickly to do so.

Conclusion

In the United States, presidential administrations can change every four years, and with each new administration, immigration law and policy are likely to be affected. Therefore, it is important to understand which immigration laws or policies are most susceptible to change depending on the presidential administration, and to take advantage of certain policies and adjudication trends when they are in force. The Murthy Law Firm will continue to update and inform the public on immigration policies, as appropriate.

Copyright © 2024, MURTHY LAW FIRM. All Rights Reserved