U.S. Immigration Options for Software Engineers & AI Researchers

Demand for software engineers and AI researchers in the United States continues to grow. The U.S. Bureau of Labor Statistics projects that employment of software developers, quality assurance analysts, and testers will grow 15% from 2024 to 2034, much faster than the average for all occupations, with about 129,200 new openings each year over the decade. The bureau links much of that demand to continued work in artificial intelligence, automation, and computer security. 

That growth is part of why so many software engineers, AI researchers, and machine learning engineers from all over the world are looking at how to work or live in the United States long-term. From self-petition routes like the EB-2 National Interest Waiver (NIW) or EB-1A to employer-sponsored green cards and temporary work visas, U.S. immigration law offers multiple paths for professionals in these fields. Which one fits depends on your degree, the kind of work you do, whether an employer is involved, and your long-term goals. 

Immigration Options as a Software Engineer or AI Researcher

Software engineers and AI researchers can pursue U.S. work authorization or permanent residence through several pathways. The tables below group the main options by category. Each pathway is explained in more detail in the sections that follow. 

Self-Petition Green Cards

Pathway	Employer Sponsor Required?	Key Feature
EB-2 National Interest Waiver (NIW)	No	A green card for advanced-degree professionals, or those with exceptional ability, whose work has national importance. The waiver removes the job offer and labor certification requirements.
EB-1A (extraordinary ability)	No	A self-petition green card for individuals with sustained national or international acclaim in their field. No job offer or labor certification is required.

Employer-Sponsored Green Cards 

Pathway	Employer Sponsor Required?	Key Feature
EB-2 PERM	Yes	The standard EB-2 process. An employer offers a permanent position and completes PERM labor certification before filing.
EB-1B (outstanding professor or researcher)	Yes	For researchers recognized internationally as outstanding. Requires an employer and a qualifying position, but no labor certification. Cannot be self-petitioned.
EB-3	Yes	For professionals, skilled workers, and other workers. Requires a job offer and PERM labor certification.

Temporary Work Visas 

Pathway	Employer Sponsor Required?	Key Feature
H-1B (specialty occupation)	Yes	For roles that require at least a bachelor’s degree. Subject to an annual cap, although many university and nonprofit employers are exempt from it.
O-1A (extraordinary ability)	Yes (employer or agent)	For individuals with a documented record of extraordinary ability. No annual cap or lottery.
L-1 (intracompany transfer)	Yes	For employees transferring within a multinational company.

No single pathway is the right choice for everyone, and eligibility depends on the specific facts of your case. 

Self-Petition Green Cards 

These green cards can be filed without an employer. The professional petitions on their own behalf, so the pathway does not depend on a specific job offer or sponsor. 

EB-2 National Interest Waiver (NIW) 

Overview 

The EB-2 National Interest Waiver (NIW) is a green card for professionals who hold an advanced degree or have exceptional ability. The waiver removes the job offer and PERM (Program Electronic Review Management) labor certification requirements that normally apply, so an eligible person can self-petition without employer sponsorship, though an employer can also file. U.S. Citizenship and Immigration Services (USCIS) decides these cases under a standard from Matter of Dhanasar, and evaluates each case individually.  

In EB-2 NIW software and technology cases, officers tend to weigh evidence that ties the work to a recognized area of policy concern and that comes from independent sources, such as measurable adoption of the technology, letters from people who use the work at unrelated organizations, or a citation record shown in context rather than as a raw number. A common weakness is a petition that explains why a field matters to the country but says little about the person’s own proposed work. Our analysis of what 2026 AI policy signals mean for the EB-2 NIW traces how recent federal policy relates to the national-importance analysis. 

Key Points 

• Who it is for: Professionals with a U.S. master’s degree or higher, or a bachelor’s degree plus five years of progressive experience, or exceptional ability in the field. 

• Requirements: Meeting the three prongs of Dhanasar, which are substantial merit and national importance, being well positioned to advance the work, and that waiving the standard labor certification requirements benefits the United States. 

• Filing: Self-petitioned or employer-filed, through Form I-140 (Immigrant Petition for Alien Workers). 

Timeline 

Premium Processing requires USCIS to act on the I-140 petition within 45 business days. Standard I-140 timelines vary by service center and caseload, so check current USCIS processing times before relying on a figure. The timeline to obtain a green card after approval depends on your priority date in the most current Visa Bulletin and country of chargeability. 

EB-2 NIW Approvals in Software and AI 

AI Software Developer Automating Business Workflows 

An AI software developer from Morocco with a master’s degree in computer science built his petition around software that helps companies automate workflows and business decisions across industries such as finance, healthcare, and logistics. The petition connected that work to federal priorities in artificial intelligence and documented his relevant software development experience. USCIS approved the EB-2 NIW petition, and he adjusted status to lawful permanent resident. 

Data Analytics and AI for Small and Mid-Sized Businesses:  

A data analytics and AI professional from Costa Rica built his petition around helping small and mid-sized businesses use analytics and AI in their financial, marketing, and operational decisions. The filing included a detailed business plan, an expansion focused on rural and lower-income areas, and independent letters of support. USCIS approved the EB-2 NIW petition, and he later became a permanent resident. 

Software Developer Improving Healthcare Access Through AI:  

A software developer from Peru established EB-2 eligibility through the exceptional-ability route, rather than an advanced degree, and centered his proposal around a platform that uses AI to help people compare healthcare options and understand their costs. The petition mapped his certifications, licenses, and specialized experience to the exceptional-ability criteria. USCIS approved the EB-2 NIW petition. 

Software Engineer Modernizing Technology for Small Businesses:  

A software engineer from Mexico with more than seven years of experience built his petition around helping small and mid-sized businesses modernize their technology systems, including cloud infrastructure and data security in healthcare and finance. The filing explained how he would operate independently through his own business and documented broader demand, including a letter from a state chamber of commerce and an independent economic analysis. USCIS approved the EB-2 NIW petition, and he became a permanent resident. 

EB-1A (Extraordinary Ability) 

Overview 

The EB-1A (employment-based first preference, extraordinary ability) is a green card for individuals who can demonstrate sustained national or international acclaim in their field. Eligibility is established by the receipt of a major, internationally recognized award, such as a Nobel Prize, an Olympic medal, or an Academy Award, or by satisfying at least three out of ten regulatory criteria. Like the EB-2 NIW, it is self-petitioned, so no job offer and no labor certification are required, though the person must intend to continue working in the area of expertise. USCIS officers apply a two-step analysis: they first determine which criteria the evidence satisfies, then make a final merits determination on whether the record as a whole shows sustained acclaim and places the person among the small percentage at the very top of the field. Meeting three criteria does not, by itself, result in an approval. 

In EB-1A software and technology cases, the strongest records contain evidence that people outside the petitioner’s own circle acted on the work: adoption of an open-source project or technical standard by unrelated companies, patents that have been licensed or implemented rather than merely granted, peer review for selective conferences or journals, and compensation measured against a defensible benchmark for the same role, seniority, and labor market.  

Key points 

• Who it is for: Individuals with extraordinary ability in the sciences, education, business, or athletics. 

• Requirements: A one-time major internationally recognized award, or at least three of ten USCIS criteria. 

• Filing: Self-petitioned or employer-filed, through Form I-140. 

Timeline 

Premium Processing is available for the EB-1A I-140, with a 15-business-day response requirement for USCIS. The timeline to obtain a green card after approval depends on your priority date in the current Visa Bulletin and country of chargeability. 

EB-1A Approval for AI Research Scientist Recognized for Extraordinary Ability 

An AI research scientist from Mexico with a doctorate and more than 200 citations to her work in artificial intelligence and computer science pursued the EB-1A. The petition showed how her research influenced the field and documented her memberships, contributions, and compensation. USCIS approved the EB-1A petition. 

Employer-Sponsored Green Cards 

These green cards require a U.S. employer to sponsor the petition. Some also require PERM labor certification through the Department of Labor.  

EB-1B (Outstanding Professor or Researcher) 

Overview 

The EB-1B (employment-based first preference, outstanding professor or researcher) is for researchers and academics recognized internationally as outstanding in their field. It requires at least three years of experience in teaching or research, evidence satisfying at least two of six regulatory criteria and a permanent job offer from a U.S. employer, which files the petition. No labor certification is required but, unlike the EB-1A, it cannot be self-petitioned. Because the standard is international recognition rather than standing among the very top of a field, the bar is generally lower than the EB-1A’s. 

For software and AI professionals, the category fits those in academic or industry research roles, though whether a role qualifies turns on documented research duties and output rather than the job title. 

Key points 

• Who it is for: Professors and researchers with international recognition in a specific field. 

• Experience: At least three years of teaching or research experience in the field. 

• Filing: A U.S. employer files Form I-140. No labor certification is required. 

Timeline 

Premium Processing is available for the EB-1B I-140, with a 15-business-day timeframe for USCIS response. Green card timing after approval depends on your priority date in the current Visa Bulletin and country of chargeability. 

EB-2 PERM 

Overview 

EB-2 PERM is the employer-sponsored EB-2 visa category. The category covers the same professionals as the EB-2 NIW, those who hold an advanced degree or have exceptional ability, but instead of the waiver it follows the standard job offer and labor certification process.  

A U.S. employer offers a permanent, full-time position and completes PERM labor certification, which involves a prevailing wage determination and a test of the U.S. labor market, before Form I-140 can be filed.  

That process extends the total timeline of the case and ties the petition to a specific employer and position, which is why some engineers pursue an EB-2 NIW self-petition in parallel rather than have their green card depend entirely on one job. However, it’s important to understand key eligibility differences between the EB-2 PERM and EB-2 NIW. 

Key points 

• Who it is for: Advanced-degree professionals, or those with exceptional ability, who have a sponsoring employer. 

• Employer requirements: A permanent, full-time job offer and an approved PERM labor certification. 

• Filing: The employer files Form I-140. 

Timeline 

PERM at the Department of Labor currently runs well over a year and cannot be expedited. After completing this step, the I-140 is eligible for premium processing with a 15-business-day timeframe for USCIS response. The timeline to obtain a green card after approval depends on your priority date in the current Visa Bulletin and country of chargeability. 

EB-3 (Third Preference) 

Overview 

EB-3 (employment-based third preference) is an employer-sponsored green card for professionals, skilled workers, and other workers. Like EB-2 PERM, it requires a permanent job offer and PERM labor certification before the employer files Form I-140. The category cannot be self-petitioned. 

Key points 

• Who it is for: Professionals with a U.S. bachelor’s degree the job requires, or skilled workers with at least two years of training or experience. 

• Employer requirements: A permanent, full-time job offer and an approved PERM labor certification. 

• Filing: The employer files Form I-140. 

Timeline 

PERM runs well over a year and has no premium processing option. After certification, the I-140 is eligible for premium processing, which requires USCIS response in a 15-business-day timeframe. Which category moves faster in the monthly Visa Bulletin, EB-2 or EB-3, is not fixed and varies over time. 

Temporary Work Visas 

These are nonimmigrant visas for temporary work authorization. They do not grant permanent residence on their own, though some can be held while a green card case is pursued separately. 

O-1A (Extraordinary Ability) 

Overview 

The O-1A is a temporary visa for individuals with extraordinary ability in the sciences, education, business, or athletics. Eligibility is demonstrated by satisfying at least three out of eight regulatory criteria to demonstrate extraordinary ability. A U.S. employer or agent files the petition, which means the O-1A cannot be self-petitioned; however, a professional who establishes a separate U.S. business entity may have that entity file the petition on their behalf. Unlike the H-1B, the O-1A has no annual cap and no lottery. 

In software and AI work O-1 petitions, the criteria most often documented are original contributions of major significance, such as a widely adopted open-source project or a commercialized patent; judging the work of others, such as peer review for recognized venues; high compensation, supported by comparable market data; and scholarly articles in established venues.  

The O-1A does not lead to a green card on its own. Many holders later pursue the EB-1A, which uses a similar framework. However, an O-1A approval does not guarantee the same result on an EB-1A petition, because the EB-1A is assessed separately and applies a higher standard in practice. 

Key points: 

• Who it is for: Individuals with a documented record of extraordinary ability. 

• Petitioner: A U.S. employer or agent files Form I-129. 

• Requirements: Meeting at least three of eight USCIS criteria. 

Timeline 

Up to three years initially, with one-year extensions and no maximum cumulative limit. Premium processing is available, with a 15-business-day response timeframe. 

L-1 (Intracompany Transfer) 

Overview 

The L-1 intracompany transfer visa applies when a multinational company moves an employee from a foreign office to a U.S. office. The two entities must have a qualifying relationship, such as parent, branch, subsidiary, or affiliate, and the employee must have worked for the foreign entity for at least one continuous year within the preceding three years. L-1A covers managers and executives; L-1B covers workers with specialized knowledge and allows up to five years. 

Key points 

• Who it is for: Employees transferring within a multinational company. 

• Requirement: At least one continuous year of employment with the company abroad in the past three years, in a qualifying role. 

• Petitioner: The U.S. employer files Form I-129. 

Timeline 

L-1B is valid for up to five years total, and L-1A for up to seven years total. Premium Processing, for an expedited USCIS response in 15 days, is available. 

H-1B (Specialty Occupation) 

Overview 

The H-1B is a temporary visa for specialty occupations, meaning roles that normally require at least a bachelor’s degree in a specific field. A U.S. employer files the petition. Most petitions are subject to an annual cap of 85,000 and a lottery, but universities, their affiliated nonprofits, and nonprofit or government research organizations are generally cap-exempt and can file year-round.  

The H-1B permits dual intent, which means you can hold the visa and pursue a green card at the same time without putting your status at risk. Many engineers pursue permanent residency by filing an EB-2 NIW self-petition while on H-1B status. 

H-1B rules and fees have changed recently, so confirm current requirements on the USCIS H-1B page before relying on this route. 

Key points: 

• Who it is for: Professionals in specialty occupations that require a related bachelor’s degree. 

• Petitioner: A U.S. employer files Form I-129. 

• Cap: An annual cap and lottery, with cap-exempt employers able to file year-round. 

Timeline 

Premium Processing is available, requiring USCIS response within a 15-business-day timeframe. 

How These Pathways Fit Together 

These options are not always an either-or choice. A common question for software engineers and AI researchers is how a temporary visa and a green card fit into a single plan. One approach uses the O-1A as a bridge. The O-1A is filed by an employer or agent and is often faster to obtain, which can provide work authorization while a person builds a longer-term record for an EB-2 NIW or EB-1A green card, such as additional publications, citations, patents, or documented adoption of their work. 

An advanced-degree professional may also pursue an employer-sponsored green card, such as EB-2 PERM or EB-3, and self-petition an EB-2 NIW at the same time, since the self-petition does not depend on continued employer sponsorship. Whether a sequenced or parallel approach makes sense, and in what order, depends on the individual case and is worth reviewing with an attorney. 

Frequently Asked Questions 

Do I need an employer to sponsor me for an EB-2 NIW green card?  

No. The EB-2 NIW waives the job offer and PERM labor certification requirements that normally apply, so the petition can be filed without a sponsor, though an employer can also be involved. Whether the waiver applies is a separate question that depends on how the case meets the Matter of Dhanasar standard. 

What visa is best for a software engineer moving to the U.S.?  

There is no single best visa for a software engineer. The answer depends on your profile, country of birth, and immigration status. Engineers with an advanced degree and a documented body of work often look first at the EB-2 NIW. Those with a record of national or international recognition may consider the EB-1A or O-1A. Engineers with a U.S. employer offer often use the H-1B, which can run alongside an EB-2 NIW self-petition. 

Does a U.S. patent help an EB-2 NIW or O-1A petition?  

A U.S. patent can serve as evidence in both the EB-2 NIW and the O-1A. A patent is one of the items USCIS may consider. Whether it is enough to meet the standard depends on the full record, including how the work connects to the requirements of each category. 

Can I apply for a green card while on an H-1B?  

Yes. The H-1B permits dual intent, which means you can hold the visa and pursue a green card at the same time without jeopardizing your status. Many H-1B holders file an EB-2 NIW self-petition while keeping their H-1B. 

How long does the EB-2 NIW process take?  

The EB-2 NIW begins with the Form I-140 petition. With premium processing, USCIS must take action on the I-140 within 45 business days. Standard I-140 timelines vary by service center and change over time. The timeline to obtain a green card after approval depends on your priority date and country of chargeability. 

What is the difference between the EB-1A and the EB-2 NIW?  

Both are green cards that can be self-petitioned, with no job offer and no labor certification. The main difference is the standard. The EB-1A is for individuals with extraordinary ability shown through sustained national or international acclaim, which USCIS treats as a higher bar. The EB-2 NIW is for advanced-degree professionals, or those with exceptional ability, whose work has national importance. Which one fits, if either, depends on the facts of the individual case. 

What is the difference between the EB-2 NIW and EB-3?  

The EB-2 NIW is a green card for advanced-degree professionals or those with exceptional ability, and it does not require an employer or labor certification. EB-3 is employer-sponsored and requires a permanent job offer and PERM labor certification through the Department of Labor. They also have different processing steps and timelines. 

Next Steps

If you are weighing your options as a software engineer or AI researcher, an immigration attorney can review your background, degree, and proposed work and explain how each pathway compares for your situation. Colombo & Hurd works with technology professionals on EB-2 NIW and other employment-based petitions. Schedule a free eligibility evaluation to review your background and the pathways open to you. 

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