The National Interest Waiver category under the EB-2 immigrant visa is one of the most practical options for highly skilled professionals in STEM fields. One reason STEM professionals qualify for NIW Green Card is that, unlike most employment-based immigration paths, the NIW does not require a job offer or labor certification. This saves a lot of time. The applicant must show that their proposed endeavor in the United States has substantial merit and national importance. Additionally, they must be well positioned to advance it. Furthermore, on balance, it would benefit the United States to waive the usual job offer requirements.
For engineers, data scientists, and researchers, these three elements often align naturally with their qualifications and work experience. This alignment is a key reason why STEM professionals qualify for NIW Green Card.
Substantial Merit and National Importance
STEM fields are often at the center of U.S. federal priorities. Whether the individual works in renewable energy, artificial intelligence, or medical device innovation, the work frequently relates to national security, infrastructure resilience, or technological competitiveness. U.S. government agencies such as the Department of Energy, National Science Foundation, and the White House Office of Science and Technology Policy have repeatedly emphasized the importance of STEM innovation. As a result, petitioners in these fields can usually meet the first prong of the Dhanasar framework. They accomplish this by showing that their work contributes to a matter of recognized national importance. This contribution is another reason why STEM professionals qualify for NIW Green Card.
Well Positioned to Advance the Proposed Endeavor
STEM professionals who have earned advanced degrees, published papers, developed patents, or worked on impactful projects usually possess a strong portfolio for the second prong. USCIS does not require job offers or business plans. However, they look for proof that the applicant has the skills, knowledge, and track record necessary to make real progress. Letters from independent experts, documentation of past research or technical projects, and detailed descriptions of future plans can all help. They demonstrate that the applicant is equipped to carry out their proposed endeavor in the U.S. context. Being well-positioned further clarifies why STEM professionals qualify for NIW Green Card.
Waiving the Labor Certification Is in the National Interest
The final prong allows USCIS to look beyond the standard job offer process and consider whether the applicant’s unique contributions justify a waiver. In many cases, showing the applicant’s work supports national goals in ways conventional hiring cannot readily address is key. An engineer developing proprietary safety systems for energy infrastructure, or a machine learning researcher contributing to healthcare diagnostics may work in areas where expertise deployment matters more than recruitment logistics. In such situations, NIW allows the applicant to contribute to U.S. interests more efficiently and flexibly.
Conclusion
STEM professionals are strong candidates for the NIW category because their work often aligns directly with national priorities. With thoughtful presentation and thorough documentation, engineers, researchers, and data scientists can make a compelling case under all three prongs of the Dhanasar framework. Those who studied in a STEM field but did not earn an advanced degree can still qualify for NIW.
For those seeking a direct path to a U.S. green card without employer sponsorship, the NIW offers a valuable combination of independence and opportunity. If you are a STEM professional considering the NIW path, request a free eligibility evaluation to see if you meet the Dhanasar framework.
Thath Kim II
US Attorney
Licensed in Oregon
14F 1425, 311 Gangnam-daero, Seocho-gu, Seoul, Republic of Korea