On statement  issued today, the Biden-Harris Administration announced actions taken by the Department of State (DOS) and U.S. Citizenship and Immigration Service (USCIS) to "remove barriers to legal migration" specifically related to STEM work authorization, J-1 Researchers, National Interest Waivers, and O-1 Extraordinary Ability Workers.

F-1 Student Visa

• Addition of 22 more fields of study to the  F-1 students STEM OPT list. F-1 students earning Bachelors, Masters, and Doctorates in those listed STEM fields may remain in the United States for up to 36 months to complete Optional Practical Training. Some of the new added fields include: Bioenergy, Forestry, Human-Centered Technology Design, Cloud Computing, Anthrozoology, Climate Science, Economics and Computer Science, Environmental Geosciences, Mathematical Economics, Data Science, Mathematics and Atmospheric/Oceanic Science, Business Analytics , Data Visualization, Financial Analytics, Industrial and Organizational Psychology, Social Sciences (Research Methodology and Quantitative Methods).

J-1 Training and Exchange Visitors Visa

• Creation of the Early Career STEM Research Initiative to "facilitate non-immigrant BridgeUSA exchange visitors coming to the United States to engage in STEM research through research, training or educational exchange visitor programs with host organizations, including businesses"

O-1 Visa for Persons of Extraordinary Ability in the fields of science, business, education, or athletics

• Due to the highly technical nature of STEM fields and the complexity of the evidence often submitted, USCIS issued a policy guidance updating its Policy Manual to clarify how it determines eligibility and evaluates evidence submitted in support of O-1A petitions for nonimmigrants of extraordinary ability, with a focus on individuals in science, technology, engineering, or math (STEM) field.
• USCIS's update emphasizes that, if a petitioner demonstrates that a particular criterion does not readily apply to their occupation, they may submit evidence that is of comparable significance to that criterion to establish sustained acclaim and recognition.
• Additionally, the USCIS Policy Manual adds a chart in the Appendix providing  describing examples of evidence that may be relevant in evaluating O-1A evidentiary requirements and considerations that are relevant to evaluating such evidence.

National Interest Waivers for Advanced Degree Professionals or Persons of Exceptional Ability

• USCIS updated the USCIS Policy Manual guidance on adjudicating National Interest Waiver (NIW) requests, including special considerations for persons with advanced degrees in science, technology, engineering, and math (STEM) fields and entrepreneurs.

The Immigration and Nationality Act (INA) provides that an employer may first obtain a permanent labor certification from the Department of Labor * and file an immigrant petition for a person of exceptional ability or a member of the professions with an advanced degree. The INA provides that USCIS may waive a job offer requirement, allowing immigrants whose work is in the national interest to petition for themselves, without an employer. To qualify for a NIW, the applicant must meet three factors:

1. The person’s proposed endeavor has both substantial merit and national importance;
2. The person is well positioned to advance the proposed endeavor; and
3. It would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirement.



* The "PERM" labor certification proves there are no qualified U.S. workers for the position they are seeking and that their employment will not adversely affect similarly employed U.S. workers