On Friday, January 21, the White House released a Fact Sheet outlining the administration’s efforts to streamline and clarify the path for international STEM students, researchers, and experts — a measure it says will attract global talent, strengthen the US economy, and remain competitive.
Department of Homeland Security
- The Department of Homeland Security (DHS) announced 22 new fields of study that are now included in the STEM Optional Practical Training (OPT) program through the Student and Exchange Visitor Program (SEVP). The added fields of study are primarily new multidisciplinary or emerging fields.
- The DHS updated its policy manual on “extraordinary ability” (O-1A) nonimmigrant status regarding evidence to satisfy the O-1A evidentiary criteria. In this update, the DHS clarified how it determines eligibility for immigrants of extraordinary abilities in the STEM fields. Also, if a petitioner demonstrates that a particular requirement does not apply to their occupation, they may submit evidence of comparable significance to establish sustained recognition.
- The DHS updated its policy manual on how persons with advanced degrees in STEM fields and entrepreneurs can use the national interest waiver. This guidance is effective immediately and supersedes any related prior guidance. Individuals seeking a national interest waiver must show evidence of an advanced degree or exceptional ability and must also meet USCIS’ standards for national interest:
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- The person’s proposed endeavor has both substantial merit and national importance;
- The person is well-positioned to advance the proposed endeavor; and
- It would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirements.
Department of State
- The Department of State Bureau of Educational and Cultural Affairs (ECA) is announcing an “Early Career STEM Research Initiative” to facilitate non-immigrant BridgeUSA exchange visitors coming to the United States to engage in STEM research. ECA also announced new guidance that will facilitate additional academic training for STEM students on the J-1 visa for up to 36 months.
Erickson Insights
The COVID-19 pandemic is rapidly evolving, and guidance from government agencies and health advisories change often.
Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.