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Fintech EB-2 NIW: What Executive Order 14405 Does and Doesn’t Do for Your Petition

In May 2026, the White House issued an Executive Order, “Integrating Financial Technology Innovation Into Regulatory Frameworks,” making the integration of digital assets and fintech into traditional financial services a stated federal policy priority. The order touches regulatory barriers, competition, digital assets, payment systems, and the role of fintech firms in the U.S. financial system.

For fintech professionals, federal policy materials like this may be relevant to an EB-2 National Interest Waiver (NIW) petition when they help explain the national context for your proposed endeavor. Still, what matters most is how well your specific work and evidence support that connection, not the order itself.

Policy Areas Identified in the May 2026 Fintech Executive Order     

The Executive Order focuses on three things: 

  • Integration: bringing digital assets, real-time payments, and new financial technologies into traditional banking and payment systems.  
  • Barriers to entry: addressing fragmented regulation that disadvantages smaller and emerging fintech firms. 
  • Deregulation as a tool: easing regulatory requirements to encourage competition, access to financial services, payment-system modernization, and digital asset adoption. 

If digital assets and new financial technologies are integrated into traditional financial services, that shift may affect access, competition, and economic opportunity. Those are themes and background context an EB-2 NIW petition can draw on, though they never substitute for the underlying evidence. 

What the Executive Order Means for Your EB-2 NIW Case 

EB-2 NIW petitions involving fintech work are evaluated under the same legal framework that applies to other EB-2 NIW petitions: first meet the EB-2 classification requirements, then submit a proposed endeavor that satisfies the National Interest Waiver standard.  

The Executive Order doesn’t change that framework, but it can shape how a fintech-related endeavor is described within it. Evidence may address how the proposed endeavor relates to financial technology, digital assets, payment systems, compliance systems, fraud prevention, cybersecurity, banking integration, or other financial-system needs. 

A petitioner may cite the May 2026 Executive Order as policy background where the proposed work relates to its stated priorities: digital asset integration, financial technology adoption, payment-system modernization, competition, and access to financial services. 

Recent EB-2 NIW Approvals in Technology and Fintech

We have helped professionals across technology and fintech fields secure EB-2 NIW approval. A few recent examples illustrate how these petitions can be built, but each EB-2 NIW petition is evaluated on its own facts and evidence: 
 

Technology Consultant Supporting U.S. Small Business Cybersecurity 

Cybersecurity infrastructure is one of the federal priorities the May 2026 Fintech Order addresses directly. The order’s call for responsible technology adoption across payment rails, banks, and financial platforms depends on the security of the underlying systems. The client was a technology professional working in the United States on H-1B status. He held a U.S. master’s degree in computer science and a bachelor’s in computer engineering, with prior experience in large-scale retail and logistics environments where system reliability and cybersecurity were central to daily operations. His proposed endeavor was to help U.S. small and mid-sized businesses reduce cyber risk and modernize their systems through risk assessments, security upgrades, automation, and employee training. 

As a lead developer on a centralized delivery system during a 2024 retail merger, he had implemented automated pipelines that reduced deployment time by roughly 50 percent. He had centralized access management processes and reduced user update time by 80 percent. He had led a technical debt reduction initiative across more than 50 applications, achieving a 72 percent reduction while modernizing systems and strengthening compliance. The petition also developed a distinctive element of his plan: training and educating client companies so they could become more self-sufficient over time. 

The national-importance argument centered on the well-documented exposure of U.S. small and mid-sized businesses to cyber risk and operational disruption. Small and mid-sized businesses represent a significant share of U.S. fintech adoption, and their vulnerability to cyber threats directly undermines the financial system modernization the order prioritizes. The petition was approved in 45 days under Premium Processing, with no Request for Evidence.  

Read the full case study here 

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Data Scientist Applying AI and Machine Learning to Financial Systems 

The May 2026 Fintech Order calls for responsible adoption of new technologies across payment rails, banks, and financial platforms. Artificial intelligence and machine learning are central to that adoption, particularly in fraud detection and financial system integrity.  

The client was a data scientist whose research applied AI and machine learning to fraud detection, financial systems, and business intelligence, with professional experience across finance, healthcare, and education. His proposed endeavor was to help U.S. small and mid-sized businesses adopt data-driven strategies. 

Two related difficulties shaped the petition. The technical substance of the work, involving complex algorithms and machine learning methods, had to be made legible to a USCIS officer without a technical background. At the same time, the client’s then-current role at a major healthcare institution sat alongside a proposed endeavor oriented toward smaller businesses, and the two needed to read as a single coherent endeavor rather than competing tracks. 

The petition addressed both by treating the healthcare work and the small-business plan as expressions of the same underlying purpose: applying data science to strengthen U.S. economic infrastructure. The national-importance argument drew on federal priorities around AI adoption, including U.S. Census Bureau findings on artificial intelligence use by businesses and Small Business Administration guidance on AI’s role in business efficiency and competitiveness. Recommendation letters, conference presentations, and letters of interest from U.S. organizations supported the technical record. 

The same analytical methods that supported large institutions were deployed at smaller scale, addressing federal priorities in technology adoption and economic development. The petition was approved in one month and ten days, with no Request for Evidence issued. 

Read the full case study here  

Frequently Asked Questions 

Does the May 2026 Fintech Executive Order strengthen an EB-2 NIW case? 

The May 2026 Executive Order can provide extra policy context if your proposed work connects to the order’s stated priorities, but whether that context helps a specific petition depends on the proposed endeavor and the evidence presented. On its own, the order doesn’t establish eligibility or determine a case’s outcome. 

Can a fintech professional get a green card without an employer sponsor? 

Yes, potentially. The EB-2 NIW waives the job offer and PERM labor certification requirements that otherwise apply to an EB-2 petition. This means petitioners may file the immigrant petition on their own behalf if they meet the legal requirements. 

Whether a fintech professional meets those requirements depends on their education, experience, proposed endeavor, and supporting evidence. Approval of the I-140 petition does not itself grant permanent residence, but it is one major step in the process. 

What evidence supports an EB-2 NIW petition for a fintech professional? 

Evidence should address the petitioner’s specific work and how it relates to a broader financial-system need. Depending on the proposed endeavor, this may involve blockchain infrastructure, digital asset platforms, banking integration, payment technologies, compliance systems, fraud prevention, cybersecurity, or other financial technology work. 

Relevant supporting evidence may include documented technical contributions, measurable outcomes, implementation records, letters from organizations or collaborators, publications, presentations, adoption data, transaction data, compliance improvements, fraud-reduction results, or other materials that support the proposed endeavor. 

Key Takeaway  

The May 2026 Executive Order signals a federal policy focus on integrating digital assets and fintech into traditional finance, addressing regulatory barriers, competition, and payment-system modernization along the way.  

For fintech professionals considering an EB-2 NIW, that focus can be useful background where a proposed endeavor connects to the areas the order identifies, but it doesn’t change what an EB-2 NIW petition has to show. The two approved cases described above worked because they were built on documented outcomes and a clearly defined national problem, and that’s the standard fintech professionals are evaluated against. If you’re weighing whether your own work fits that standard, fill out our questionnaire to see where you stand. 

Aaron Labreque Colombo Hurd

Aaron Labreque

Immigration Attorney
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