Oil as a National Defense Priority: What the October 2026 Defense Production Act Memo Means for EB-2 NIW 

On October 22, 2026, the President signed a memorandum declaring that the United States’ ability to produce, refine, and move petroleum is essential to the national defense. The memo rests on Section 303 of the Defense Production Act (DPA) of 1950, a law that lets the federal government allocate budget behind industries it considers vital to defense. The Secretary of War is now directed to use that authority to expand oil exploration, refining, pipelines, storage, and marine terminals. 

For professionals in the petroleum sector who are considering an EB-2 National Interest Waiver (NIW), the memorandum can work as supporting evidence. It is a federal document a petition can cite to show that the government considers petroleum capacity a defense need. 

What the October 2026 Memorandum Does 

A presidential determination is a formal written finding that unlocks a legal authority. Under Section 303 of the DPA, the President can find that a type of industrial capacity is essential to the national defense and then direct a federal department to support it with purchases, purchase commitments, loans, loan guarantees, and similar tools. 

The October 2026 memorandum applies that authority to petroleum. It makes three findings: 

1. Domestic petroleum production, refining, and logistics capacity, including exploration and production, gathering and transmission pipelines, storage, and marine terminals, are industrial resources essential to the national defense. 

2. Without presidential action, U.S. industry cannot be expected to supply that capacity on time, because of constrained financing, long lead times, permitting and infrastructure bottlenecks, and supply chain limits. 

3. Federal purchases, purchase commitments, and financial support are the most cost-effective and practical way to close the gap. 

The memo then waives a set of procedural steps that Section 303 normally requires before budget moves, such as a separate written determination and notice to Congress for each action.   

How the October Memo Fits the 2026 Energy Record 

The October memorandum is the most recent of a series of related policies about the importance of the petroleum industry. Executive Order 14156, signed January 20, 2025, declared a national energy emergency and described U.S. energy production, transportation, and refining capacity as inadequate. On April 20, 2026, the President issued five Section 303 determinations to the Secretary of Energy covering petroleum, natural gas and LNG, coal, grid infrastructure, and large-scale energy infrastructure. 

Two things changed between the April 2026 petroleum determination and the October memo. The October memo is addressed to the Secretary of War,  not to the Secretary of Energy. It also adds a clause stating that where an earlier memorandum, proclamation, or executive order says something different from this one, this memo controls. The main takeaway is that petroleum was found to be a priority in not one, but two different departments, which means it can support endeavors in EB-2 NIW cases that rely on the importance of petroleum for either its energy output or its relevance for national defense. 

	April 2026 determination	October 2026 memo
Addressed to	Secretary of Energy	Secretary of War
Findings	Petroleum capacity essential to national defense	Identical, same wording
Superseding clause	None	Supersedes conflicting earlier memoranda, proclamations, or executive orders
Result	Finding sits with one department	Same finding now sits with two departments

How a Federal Determination Relates to an EB-2 NIW Petition 

The EB-2 NIW is an employment-based green card category that waives the job offer and PERM labor certification requirements. A petition can be filed by a U.S. employer or by the foreign national. Either way, the petitioner must show that waiving those requirements serves the national interest. 

United States Citizenship and Immigration Services (USCIS) decides that question using a three-prong test from the precedent decision Matter of Dhanasar. The petition must show that the proposed endeavor has substantial merit and national importance, that the petitioner is well positioned to advance it, and that, on balance, waiving the job offer benefits the United States. 

The October memo relates to the first prong. The USCIS Policy Manual directs officers to weigh the potential prospective impact of the specific endeavor a person proposes. A petitioner may submit evidence showing how that endeavor relates to a priority the government has identified. A Section 303 determination is one such document. It records, in the President’s own words, that petroleum production, refining, and logistics capacity are essential to the national defense. 

That record can support the argument that a specific endeavor is of national importance. The first prong looks at the work a person plans to do in the United States, not at the industry they work in. A petition that cites the memo still must explain what the petitioner will do, how that work connects to the capacity the memo describes, and why it could have impact beyond a single employer.   

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What the Determination Does Not Do 

The memo does not create a new immigration pathway, change EB-2 NIW eligibility criteria, or direct USCIS to do anything. The EB-2 NIW requirements, including the advanced degree or exceptional ability threshold and all three Dhanasar prongs, apply exactly as before. 

The memo also does not establish that any occupation or industry is nationally important for EB-2 NIW purposes specifically. USCIS has consistently held that the general importance of a field, or a shortage of workers in it, does not by itself establish the national importance of an individual’s proposed endeavor. The petition must show the prospective impact of the petitioner’s own proposed work. 

EB-2 NIW Approvals in Petroleum and Energy Infrastructure 

Over the last two years, Colombo & Hurd has secured EB-2 NIW approvals for professionals whose proposed endeavors sit in the parts of the energy sector the 2026 determinations describe. These cases demonstrate what approaches in a petroleum-related EB-2 NIW petition can look like, but future results will depend on the specifics of each individual case. 

Approval for a Petroleum Engineer: Data-Driven Production for Smaller Oil and Gas Operators 

Our client holds a bachelor’s degree in petroleum engineering and an MBA in international management, a combination that let the petition address both the technical and the business side of his work. His proposed endeavor is to build and implement data management and automation systems for small and mid-sized U.S. oil and gas companies. These systems would let operators monitor, control, and improve drilling and production from exploration through secondary recovery. The petition described the problems these smaller operators face, including inconsistent data tracking, inefficient resource allocation, and difficulty meeting federal methane and emissions rules, and explained how real-time data systems address them. He offered prospective U.S. clients a try-before-you-buy model, which produced multiple letters of interest from American companies and documented demand for the work. Read the full case study. 

Approval for a Chemical Engineer: Pipeline Integrity and Corrosion Prevention  

Internal corrosion can cause pipeline failures in the oil and gas industry, and such failures can disrupt supply, harm the environment, and impose economic costs. Our client, who holds a bachelor’s degree in chemical engineering and an MBA, has spent his career on exactly that problem. He has worked across production, health and safety, chemical treatment, and transportation, developing corrosion assessment programs, designing pipeline integrity protocols, and guiding operational teams through critical repairs. His proposed endeavor applies that experience in the United States by developing and implementing advanced corrosion assessment and pipeline integrity strategies for the U.S. oil and gas industry. The petition connected the work to the broader needs of the industry rather than to any single project. Read the full case study. 

Approval for a Civil Engineer: Modernizing Pipeline Construction for Small and Mid-Sized Companies  

Our client holds a bachelor’s degree in civil engineering and has spent sixteen years as a project and construction engineer in the oil and gas industry, including a decade as lead project engineer representing one of the world’s largest oil and gas companies on pipeline projects. In that role, he coordinated engineering, procurement, and construction and worked directly with government agencies, vendors, and manufacturers. His proposed endeavor brings that experience to smaller U.S. oil and gas companies by helping them adopt Building Information Modeling (BIM), Virtual Design and Construction (VDC), and integrated management systems. Larger companies already use these tools to improve pipeline safety, reduce costly surprises during construction, and plan infrastructure more effectively. The petition tied closing that capability gap to the broader modernization of U.S. pipeline infrastructure. Read the full case study. 

Approval for a Liquefied Natural Gas (LNG) and Power Generation Engineer: Safer, More Reliable Plant Operations  

Our client, an electrical engineer with an MBA and more than sixteen years in LNG and power generation operations, started as a shift supervisor and rose to operations superintendent at a major LNG terminal. Along the way he built programs that make plants safer and cleaner: a competency assurance system to keep staff trained, an operator training simulator, and measures that cut emissions and gas flaring during LNG transfer. His proposed endeavor is an independent consulting practice serving U.S. LNG facilities, with a focus on safer operations, greater efficiency, and stronger plant reliability. A detailed business plan covered the practice he intends to open in Texas and Louisiana, and a letter of interest from a U.S.-based party documented demand for his services. Natural gas and LNG are covered by a companion April 2026 determination. Read the full case study. 

Frequently Asked Questions 

What did the October 22, 2026, Defense Production Act memo do? 

The memo found that domestic petroleum production, refining, and logistics capacity are essential to the national defense, and that federal financial support is the most practical way to expand it. The Secretary of War is directed to make purchases, commitments, and financial instruments for projects in exploration and production, pipelines, storage, and marine terminals. No projects or dollar amounts are named. 

How is the October memo different from the April 2026 determination? 

The findings are identical, but there are key differences. The April determination was addressed to the Secretary of Energy. The October memo is addressed to the Secretary of War and adds a clause superseding any conflicting earlier memoranda, proclamations, or executive orders. 

Does the memo create a new visa or change EB-2 NIW requirements? 

No. The memo does not mention immigration. The EB-2 NIW requirements, including the three-prong test from Matter of Dhanasar, are unchanged. 

Can a petroleum or refining professional cite the memo in an EB-2 NIW petition? 

A petitioner can submit the determination as evidence that the federal government has identified petroleum capacity as a national defense need. That evidence relates to the national importance of the first Dhanasar prong. Its weight on the case’s final decision depends on how directly the petitioner’s specific proposed endeavor connects to the capacity the memo describes. 

Does working in oil and gas qualify for an EB-2 NIW? 

No field qualifies a person on its own. USCIS reviews the specific proposed endeavor, the petitioner’s record, and the supporting evidence under all three Dhanasar prongs to adjudicate an EB-2 NIW petition, regardless of the petitioner’s field. 

Conclusion

The October 2026 memorandum places petroleum capacity as a federal priority for a second time this year and hands the Department of War authority to fund it. For the EB-2 NIW, this can help answer one question: whether the proposed work is aligned with a national or federal priority. The harder question, whether a particular person’s proposed work advances it, is answered by the petition itself. 

If you work in petroleum production, refining, pipeline infrastructure, storage, or fuel logistics and are considering an EB-2 NIW, Colombo & Hurd can help you evaluate how your profile and professional record may fit the EB-2 NIW framework. A free EB-2 NIW profile evaluation is a practical place to start.