EB-2 NIW and the New AI Security Executive Order: National Interest Implications for AI and Cybersecurity Professionals 

On June 2, 2026, President Trump signed an Executive Order on Promoting Advanced Artificial Intelligence (AI) and Security. The order treats cybersecurity as a matter of national defense and names the exact systems the country wants to protect. 

For professionals working in AI or cybersecurity, the order may be relevant to how national importance is documented in an EB-2 NIW petition. The EB-2 National Interest Waiver (NIW) is a green card path for skilled professionals that waives the job offer and PERM labor certification requirements, allowing qualified professionals to apply on their own without a U.S. employer sponsor. To qualify, you must show that your work serves national interest by passing a three-prong test. The new executive order may provide useful policy support for that argument. 

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What the Executive Order Actually Does 

The order has one central goal: protecting American systems from AI-driven cyber threats. That protection spans four main areas. 

First, the order instructs federal agencies to strengthen their own computer systems. 

Second, it creates a new AI cybersecurity coordination role at the Treasury Department, tasked with identifying software vulnerabilities and accelerating remediation. 

Third, it builds a voluntary program for the most powerful AI models, which the order calls “covered frontier models.” Developers may give the government early access before wider release. 

Fourth, the order directs prosecutors to act against those who misuse AI to compromise computer systems. 

The order pairs tight deadlines with named sectors it wants defended, such as rural hospitals, community banks, and local utilities, a signal of sustained federal commitment to this field. 

Why This Executive Order Matters for Your EB-2 NIW Case 

USCIS reviews each EB-2 NIW petition under a three-prong test established in Matter of Dhanasar. The first prong asks whether your proposed endeavor has substantial merit and national importance. 

The executive order speaks directly to this prong. By identifying AI-related cybersecurity risks as a federal priority, the order can help show that certain AI and cybersecurity work aligns with recognized national policy concerns. Petitioners in these fields can cite the order as official documentation that their area of work constitutes a recognized national priority, which may help support the first prong when paired with individualized evidence. 

The order does not, however, approve cases on its own. USCIS still evaluates each petition on its specific facts. Strong, concrete evidence of your individual contributions remains one of the main foundations of any successful EB-2 NIW petition. 

The order also does not create a new visa category or an expedited processing track. Petitioners file a standard EB-2 NIW and can cite the order as policy support within that existing framework. 

Private Sector Work Is Explicitly Covered 

The executive order relies heavily on private sector actors and treats private AI companies as central to the country’s cybersecurity posture. Private-sector professionals may be able to demonstrate national importance if their work protects systems, data, or AI infrastructure in a way that extends beyond one employer, provided their work advances one or more of the goals the order names.  

The order also addresses the protection of American ideas and data from theft by foreign adversaries. That goal extends to a wide range of technical roles. Professionals working in threat detection, secure software development, or the defense of AI models and sensitive data can cite this language directly when establishing the national importance of their proposed endeavor. 

Approvals in AI and Cybersecurity 

We have secured a number of EB-2 NIW approvals for clients working in the exact fields the executive order identifies. The cases below illustrate what successful petitions in these fields look like in practice and show how each petition connected that work to a concrete national benefit. 

AI Software Development 

A software developer built an AI-powered platform designed to help individuals navigate the U.S. healthcare system, comparing insurance options, selecting providers, and understanding medical expenses. His initial plan targeted high-need communities in several states, with expansion through industry partnerships. 

He did not hold an advanced degree in the field. His petition was filed under the EB-2 NIW Exceptional Ability standard, documenting his certifications, professional licenses, industry memberships, and years of specialized work in AI and healthcare technology. USCIS issued an RFE, but the challenge was not the strength of the evidence. The officer had evaluated the record under the Advanced Degree Professional category rather than Exceptional Ability. The response reoriented the analysis, mapping each piece of existing evidence to the correct criterion and clarifying the framework the petition was built on. USCIS approved the petition following that response. 

Read the full case study here 

Software and Digital Transformation 

A software professional with more than eleven years of experience in Agile development and digital transformation received a green card through the EB-2 NIW after proposing to establish a company that would bring enterprise-grade software practices to U.S. startups and small businesses. His career included leading large-scale transformations at a global retail corporation, a national bank, and multiple technology consulting firms. 

USCIS issued an RFE challenging all three prongs of the EB-2 NIW petition. The central question on the second prong was whether someone who had spent his entire career as an employee was positioned to build and run a company. The response drew a direct line between his professional record and his entrepreneurial plan, supported by a detailed business plan, recommendation letters with specific impact examples, and two letters of interest from U.S. companies confirming existing demand for his services. On national importance, the response documented the scale of the gap in software expertise facing smaller U.S. firms and cited federal initiatives that had identified closing that gap as a national priority. USCIS approved the EB-2 NIW and Adjustment of Status petitions. Our client is now a U.S. permanent resident. 

Read the full case study here 

AI and Cloud Security 

A senior AI and cloud security engineer with more than two decades in technology had built a career developing secure, AI-driven systems for U.S. companies. He held patents in gesture-and-voice control technology and had published research in artificial intelligence. His proposed endeavor focused on helping U.S. businesses, particularly small and mid-sized enterprises, adopt safer AI systems and protect sensitive data. 

USCIS issued an RFE questioning the specificity of the proposed endeavor across all three prongs. The response refined the proposed endeavor with precise detail, outlining exactly how his work would advance U.S. cybersecurity and AI adoption. A new letter from his employer documented that his contributions extended beyond the company and were influencing practices across industries. The response also grounded the petition in recognized federal priorities, including the CHIPS and Science Act, NSF Regional Innovation Engines, and White House guidance on AI adoption. USCIS approved the petition in full. 

Read the full case study here 

Common Mistakes 

A Request for Evidence (RFE) is a formal notice from USCIS requesting additional information. An RFE is not a denial. It means your case remains open, and the officer needs additional detail before deciding. 

In AI and cybersecurity petitions, some of the patterns that can lead to an RFE include staying too vague about the proposed endeavor, where USCIS expects a specific, forward-looking plan rather than a general statement of professional goals; focusing only on past results without connecting them to a future national benefit; listing job duties in place of evidence of impact; or citing the executive order without supporting it with individualized evidence.  

Frequently Asked Questions 

Does the executive order strengthen an EB-2 NIW petition? 

Yes, particularly on the first prong. It establishes AI and cybersecurity as formal national priorities, which supports the national importance argument. It does not substitute for individualized evidence of your own contributions. 

Do I need an advanced degree to qualify?

Not necessarily. The Exceptional Ability route is also available to professionals who demonstrate a sustained record of achievement in their field without holding an advanced degree. 

Can I file without an employer sponsor? 

Yes. The EB-2 NIW is self-petitioned. No job offer or PERM labor certification is required. 

Does my work need to involve federal government systems? 

No. The order names private sector infrastructure and critical industry as areas of national concern too. Work that protects private companies or civilian systems can also satisfy the national importance prong. 

I am on an H-1B visa. Can I pursue this path? 

Yes and not because of your H-1B specifically. EB-2 NIW is a self-petition, so eligibility doesn’t depend on your visa status. Because H-1B is a dual-intent visa, you can pursue the green card without jeopardizing your status or renewals.  

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