In a significant development, Sanjay (pseudonym), a seasoned Indian-born software engineer, recently received a green card, marking the culmination of a 16-year immigration journey. Sanjay, who initially came to the United States on a college scholarship, founded an artificial intelligence (AI) company specializing in asset protection for banks, leveraging a patent he invented.
Newly released data from the U.S. Citizenship and Immigration Services (USCIS) reveals a positive trend for foreign-born workers in science, technology, engineering, and math (STEM) fields, enjoying improved outcomes. This shift follows adjustments made by USCIS in January 2022 to its guidance criteria related to two visa categories available to STEM workers.
The first category, O1-A, a temporary visa for individuals of “extraordinary ability,” often paving the way to a green card, saw a remarkable 30% increase, totaling 4570 visas, in the first year after the revised guidance. Similarly, the number of STEM EB-2 visas approved in 2022, following a “national interest” waiver, surged by 55% compared to 2021, reaching 70,240, and maintained that level in fiscal year 2023.
These policy adjustments have generated optimism within the STEM community, with immigration attorneys recognizing a positive impact on aspiring startup founders. Silicon Valley immigration attorney Sophie Alcorn anticipates the emergence of “new technology startups that would not have otherwise been created.”
Seattle attorney Tahmina Watson, author of The Startup Visa: U.S. Immigration Visa Guide for Startups and Founders, applauds USCIS for implementing reasonable standards, enabling successful outcomes for applicants.
President Joe Biden’s ongoing efforts to facilitate the retention of foreign-born STEM workers align with these policy changes. However, the annual cap of 140,000 employment-based green cards, with a 7% limit per country, continues to pose challenges. The demand far exceeds this ceiling, creating prolonged waiting times, particularly for individuals from countries like India and China.
The 2022 USCIS guidance, while not altering these limits, brings clarity to the visa process for foreign-born scientists. The O1-A work visa, designed to accelerate the green card path for high-tech entrepreneurs, was underutilized due to uncertainty about assessment metrics. The 2022 guidance removed this ambiguity by specifying eight criteria, including awards and peer-reviewed publications, easing the application process.
The second policy change addresses STEM workers with advanced degrees seeking the national interest waiver for an EB-2 visa. The revised USCIS guidance clarifies criteria and allows scientists to sponsor themselves, streamlining a previously vague process.
Sanjay’s journey exemplifies the impact of these changes. A decade ago, his application for an EB-2 without a national interest waiver led to a lengthy queue. Discovering the O1-A visa through entrepreneurial networks, Sanjay overcame initial skepticism from an immigration lawyer, enhancing his firm’s technology and obtaining a U.S. patent. His efforts transitioned him from an O1-A to an EB-1 visa, granting permanent residency, with the green card arriving this month.
While challenges remain, the increased clarity in USCIS guidance is lauded for empowering STEM workers and entrepreneurs. Doug Rand, senior adviser to the USCIS director, emphasizes that awareness and clarity contribute to the positive impact of these policy changes. The heightened demand may even influence Congress to consider raising the cap on employment-based STEM visas as part of broader immigration reform.
