Trade Policy Creates Immigration Opportunities for Manufacturing Professionals 

The United States is experiencing significant attention to its manufacturing sector, driven by policy focus on domestic production and substantial investments. With the “America First Trade Policy” executive order, professionals in areas such as advanced manufacturing, supply chain management, and trade policy now have stronger arguments for self-sponsored immigration under the EB-2 National Interest Waiver (NIW). 

This policy specifically emphasizes promoting investment and productivity, enhancing industrial and technological advantages, and benefiting American workers and businesses. These stated goals provide manufacturing and trade professionals with clear language to demonstrate how their work aligns with the EB-2 NIW pathway when pursuing permanent residency in the United States. 

Manufacturing Sector’s Economic Significance Supports National Interest Arguments 

The U.S. manufacturing sector’s significant contribution to the country’s economy, accounting for 10% of the U.S. gross domestic product and adding $2.93 trillion to the economy in the third quarter of 2024, highlights the need for skilled professionals in this field. The record $1.6 trillion in U.S. exports of manufactured goods in 2023 further demonstrates the sector’s importance to national economic objectives. 

These economic indicators provide valuable context for NIW petitions, particularly when addressing the “national importance” element that USCIS frequently scrutinizes in these applications. 

Major Investments in Manufacturing Create Context for NIW Petitions 

The policy emphasis on American manufacturing has coincided with significant announced investments in U.S. manufacturing facilities. These investments provide concrete evidence of areas where specialized expertise may serve the national interest: 

• Taiwan Semiconductor Manufacturing Company (TSMC)’s $100 billion investment in U.S.-based semiconductor chip manufacturing 

• Eli Lilly and Company’s $27 billion investment in its U.S.-based manufacturing 

• Clarios’ $6 billion plan to expand its U.S.-based manufacturing 

• Stellantis’ $5 billion investment to reopen its Belvidere, Illinois, assembly plant 

• GE Aerospace’s $1 billion investment in its manufacturing operations across 16 states, creating 5,000 new jobs 

• GE Vernova’s $600 million investment in its U.S.-based factories, creating over 1,500 new jobs 

• Diageo North America’s $415 million investment in a new Alabama manufacturing facility 

• Eaton’s $340 million investment in a new South Carolina-based manufacturing facility 

• Siemens’ $285 million investment in U.S. electrical product manufacturing, creating over 900 new skilled manufacturing jobs 

• ABB’s $120 million investment to expand production of its low-voltage electrification products in Tennessee and Mississippi 

• Saica Group’s $110 million investment in a new manufacturing facility in Anderson, Indiana 

These investments highlight areas where manufacturing expertise may be particularly valuable and provide specific industry contexts that can strengthen NIW petitions. 

Recent NIW Approvals for Trade and Manufacturing Professionals 

Colombo & Hurd has successfully secured EB-2 NIW approvals for several trade and manufacturing professionals, demonstrating the viability of this immigration pathway. These approvals showcase how professionals with specialized expertise can effectively present their qualifications within the current policy framework. 

Colombo & Hurd Immigration Attorney David A. Santiago explains our approach to these cases: 

“I always tell clients, especially in the trade and manufacturing field, that specifically detailing how you will better logistic and supply chain processes, promote innovative strategies and technological advancements within the field, and explain how you can implement these strategies to better the United States through your proposed endeavor will help us strengthen your EB-2 NIW case.” 

Notable recent approvals include: 

• A client from Nigeria whose endeavor is to strengthen the United States’ international trade capacity, specifically in the food and beverage sector, and to expand international market access for small and medium-sized American manufacturing companies. 

• A client from Egypt whose endeavor is to revolutionize additive manufacturing processes and elevate material performance, primarily in the energy and manufacturing sectors, by pioneering innovative solutions such as graphene batteries, supercapacitors, and graphene-enhanced Wire EDM technology, with a focus on bridging the gap between industries and graphene suppliers to contribute significantly to a more sustainable and efficient future. 

• A client from Mexico whose endeavor is to design and implement highly customized and efficient production systems tailored specifically for small and medium-sized manufacturers across the United States, revolutionizing their production processes. 

These approvals demonstrate the potential for trade and manufacturing professionals to obtain NIW approvals and secure green cards in the United States. 

EB-2 NIW Opportunities in Manufacturing and Trade 

The EB-2 NIW pathway offers a unique opportunity for manufacturing and trade professionals to obtain permanent residency. With the current policy emphasis on domestic manufacturing and trade, individuals with expertise in these areas may be well-positioned to address the “national importance” requirement that USCIS frequently scrutinizes. 

Mr. Santiago provides insight on how current policies can benefit EB-2 NIW petitioners: 

“The emphasis on boosting the national economy through domestic manufacturing initiatives and trade advancements for American products and services has been a benefit for our clients. They can show through their EB-2 NIW petition that they are a strong professional within their field and that they can integrate better strategies and optimize the trade and manufacturing sector in the United States through their proposed endeavor. The key is that we help our clients pinpoint the section of their industry that they have succeeded in and present the economic and technological benefits that they will bring to the entire U.S. economy.” 

Manufacturing and Trade Specialties That May Benefit from Current Policies 

The current focus on domestic manufacturing and trade presents opportunities across a wide spectrum of specialties. Here are some of the many areas where foreign professionals may find stronger support for NIW petitions: 

Supply Chain and Logistics Expertise 

• Supply chain resilience and risk mitigation 

• Nearshoring and reshoring implementation experts 

• Advanced inventory management systems 

• Just-in-time manufacturing optimization 

• Cross-border logistics and customs management 

• Multi-modal transportation optimization 

Quality Control and Compliance 

• Advanced quality assurance methodologies 

• Statistical process control implementation 

• Regulatory compliance across international markets 

• Six Sigma and lean manufacturing specialists 

• Quality management systems design 

Specialized Production Processes 

• Semiconductor and microchip fabrication 

• Pharmaceutical and medical device manufacturing 

• Aerospace and defense component production 

• Automotive manufacturing and assembly optimization 

• Clean energy and battery production 

• Advanced materials development and implementation 

Manufacturing Analytics and Optimization 

• Production efficiency analysis and improvement 

• Energy consumption optimization in manufacturing 

• Predictive maintenance implementation 

• Manufacturing cost reduction strategies 

• Data-driven decision making in production environments 

Trade Development and International Business 

• Export market development for U.S. manufacturers 

• International trade agreement navigation 

• Cross-border partnership development 

• Market entry strategy for American products 

• Trade finance and risk management 

• Global sourcing and procurement optimization 

Advanced Manufacturing Technologies 

• Artificial intelligence and automation in manufacturing 

• Advanced robotics systems and machine learning integration 

• Internet of Things (IoT) implementation for production monitoring 

• 3D printing, additive manufacturing, and rapid prototyping 

• Smart factory design and implementation 

The EB-2 NIW pathway requires that a petitioner’s proposed project must be in the national interest. Given the current policy goals and investments in U.S. manufacturing, professionals across these diverse manufacturing and trade specialties have stronger arguments for meeting this requirement, particularly when their skills align with areas receiving significant investment and policy attention. 

The “America First Trade Policy” executive order, recent investments in U.S. manufacturing, and the overall significance of the manufacturing sector to the U.S. economy present a favorable environment for qualified foreign professionals to pursue self-sponsored immigration under EB-2 NIW. 

Recent executive orders from the Trump administration have reinforced the importance of national security and military readiness, creating stronger pathways for foreign nationals with defense and military expertise to pursue permanent residency through the EB-2 National Interest Waiver (NIW). This development offers new hope for qualified professionals seeking to contribute their specialized skills to America’s defense and security infrastructure. 

Understanding the EB-2 NIW Pathway 

The EB-2 National Interest Waiver allows foreign nationals with advanced degrees or exceptional ability to self-petition for permanent residency without requiring an employer sponsor or labor certification. Applicants must demonstrate that their work serves the national interest of the United States. In recent years, the “national importance” element has become the area USCIS most consistently challenges in these petitions, requiring substantial documentation and strategic argumentation to overcome increased scrutiny. 

How Executive Orders Support NIW Claims for Defense Professionals 

The Trump administration’s executive orders on “Organization of the National Security Council and Subcommittees” and “Prioritizing Military Excellence and Readiness” have established a clear federal mandate that places national security and military effectiveness as top priorities. For defense and security professionals, these orders provide valuable support for proving national importance in NIW petitions. 

These executive orders explicitly prioritize “the safety and security of the United States and American people” and developing “the world’s most lethal and effective fighting force.” This language creates a direct link between defense expertise and America’s national interests, strengthening NIW applications for qualified professionals. 

The “Organization of the National Security Council and Subcommittees” order acknowledges the complex and rapidly evolving nature of national security threats, emphasizing the need for coordinated approaches to security challenges. Meanwhile, the “Prioritizing Military Excellence and Readiness” order focuses on enhancing unit cohesion, mental and physical readiness, and overall military effectiveness—all areas where experienced foreign professionals can make meaningful contributions. 

Recent Success: Defense Professional Secures NIW Approval 

We recently celebrated an EB-2 NIW approval for a client with extensive experience in strategic planning and security management, highlighting the viability of this pathway for defense professionals. 

Our Colombian client, who holds a master’s degree in war studies and a bachelor’s degree in political science, brought over 20 years of experience developing security frameworks, optimizing resources for operational efficiency, and managing high-stakes crisis situations. Colombo & Hurd Immigration Attorney Jean-Paul Castro successfully guided this case to approval, navigating the complex requirements of the NIW petition. 

“What made this case compelling was translating our client’s technical expertise into clear, accessible language for USCIS adjudicators,” explains Mr. Castro. “His background in strategic defense and crisis management directly aligned with national security priorities outlined in recent executive orders. We were able to bridge the gap between specialized expertise and regulatory requirements, creating a persuasive narrative that resonated with immigration officials.” 

Aligning Security Expertise with National Priorities 

Our client’s proposed endeavor—developing and implementing advanced physical security strategies for businesses across the United States—directly addresses growing security threats to national infrastructure and public safety. His work focuses on creating robust security frameworks that protect critical assets and enhance organizational resilience against emerging threats. 

This work aligns perfectly with the executive order on “Organization of the National Security Council and Subcommittees,” which calls for improved “decision-making structures and processes to address national security challenges.” Similarly, it supports the goals of “Prioritizing Military Excellence and Readiness” by enhancing the security landscape that enables military effectiveness. 

The client’s expertise in risk assessment, threat mitigation, and crisis response demonstrates the exact capabilities emphasized in these executive orders. By highlighting these connections in the NIW petition, we were able to establish a clear case for national importance. 

Using Current Policy to Build Stronger NIW Applications 

The Trump administration’s focus on security and military readiness has clarified the national importance requirement for NIW petitions—typically the most challenging element to prove. This policy environment creates favorable conditions for professionals with backgrounds in: 

• Military strategic planning and operations 

• Cybersecurity and information warfare 

• Intelligence analysis and threat assessment 

• Physical security and infrastructure protection 

• Crisis management and emergency response 

• Defense technology development and implementation 

• Maritime and border security operations 

“There is now explicit recognition at the federal level that security, defense, and readiness are urgent national priorities,” notes Mr. Castro. “These executive orders provide a robust framework for connecting our clients’ expertise directly to America’s strategic interests. When preparing NIW petitions, we can now point to specific language in these orders that validates the national importance of our clients’ work.” 

Crafting Successful NIW Petitions for Defense Professionals 

While the current policy environment is favorable, successful NIW petitions still require careful preparation and strategic presentation. Defense and security professionals should focus on: 

1. Clearly articulating specialized expertise: Demonstrate advanced knowledge and skills that are valuable to U.S. security interests. 

1. Establishing a track record of achievement: Document past accomplishments and their impact on security outcomes. 

1. Connecting expertise to executive orders: Explicitly link professional capabilities to the priorities outlined in current policy directives. 

1. Providing supporting evidence: Include letters from recognized experts, publications, and other documentation validating professional contributions. 

1. Outlining future contributions: Detail how continued work in the United States will advance national security objectives. 

Opportunities for Defense and Military Professionals 

For foreign nationals with backgrounds in defense, security, and military fields, the current policy environment offers a clearer path to permanent residency through the EB-2 NIW category. By effectively demonstrating how their expertise advances America’s national security goals, these professionals can position themselves for successful self-sponsored immigration. 

The executive orders provide valuable context and supporting evidence for the national importance prong of the NIW analysis, potentially streamlining the path to approval for qualified applicants. This represents an important opportunity for defense professionals to secure permanent residency while contributing their skills to America’s security infrastructure. 

With our track record of success and deep understanding of how to align client qualifications with current national priorities, we continue to help defense and security professionals navigate the NIW process successfully in this favorable policy environment. 

President Donald Trump’s recent executive order, “Strengthening American Leadership in Digital Financial Technology,” creates new opportunities for quantitative analysts, fintech developers, and economists to qualify for self-sponsored immigration under EB-2 National Interest Waiver (NIW). The executive order acknowledges the critical role these professionals play in driving innovation, economic growth, and international leadership in the United States, recognizing the industry’s crucial contribution to the nation’s economic development and global standing. 

The purpose of this executive order is “to support the responsible growth and use of digital assets, blockchain technology, and related technologies across all sectors of the economy.” With these goals, the executive order presents a significant opportunity for finance and fintech professionals to obtain a U.S. green card through the EB-2 NIW pathway. Using this executive order to support their petitions, professionals whose work impacts financial stability, AI-driven investing, or economic growth, among other areas, may demonstrate that their work is in the national interest and qualify for an EB-2 NIW.  

The EB-2 NIW pathway allows individuals with exceptional abilities or advanced degrees to bypass the labor certification process if their work benefits the United States. An essential component of qualifying for NIW is demonstrating that your work is in the national interest. 

Rachel Slomski, Immigration Attorney at Colombo & Hurd, shares how this executive order represents an invaluable opportunity for professionals in the finance industry to pursue permanent residency via the EB-2 NIW: 

“The financial industry has always been important to the United States, and this Executive Order reflects new directions which financial professionals can take to contribute to the industry and the nation, implementing advanced technologies and bringing their unique skill sets to contribute to the country.” 

Professionals in these areas can highlight how their work contributes to the national interest in several areas. 

For example, finance and fintech professionals can demonstrate national interest by showcasing how their work in developing and implementing risk management strategies, ensuring regulatory compliance, or promoting financial inclusion contributes to the stability of the U.S. financial system.  

The executive order highlights areas such as “taking measures to protect Americans from the risks of Central Bank Digital Currencies (CBDCs),” “providing regulatory clarity and certainty built on technology-neutral regulations, frameworks that account for emerging technologies, transparent decision making, and well-defined jurisdictional regulatory boundaries,” and “protecting and promoting fair and open access to banking services for all law-abiding individual citizens and private-sector entities alike.”   

Professionals can demonstrate the national importance of their work on financial stability by: 

• Developing and implementing risk management strategies that contribute to the stability of the U.S. financial system.  

• Ensuring regulatory compliance with U.S. financial regulations, such as the Dodd-Frank Act or the Bank Secrecy Act, to maintain the integrity of the financial system. 

• Developing financial products or services that promote financial inclusion and access to underserved communities.  

Furthermore, in the AI-driven investing area, finance and fintech professionals can demonstrate national interest by explaining how their work in algorithmic trading, portfolio optimization, risk analysis, or developing innovative technologies and methodologies contributes to the efficiency of the U.S. financial system and the growth of the U.S. economy.  

The executive order establishes a Working Group, chaired by the Special Advisor for AI and Crypto, which “shall consider provisions for market structure, oversight, consumer protection, and risk management.”   

Professionals can demonstrate the national importance of their work on AI-driven investing by: 

• Developing and implementing algorithmic trading strategies that contribute to the efficiency and stability of U.S. financial markets. 

• Creating portfolio optimization models that help investors make informed decisions and contribute to the growth of the U.S. economy. 

• Developing and implementing risk analysis models that help investors and financial institutions manage risk and make informed decisions, aligning with the goals of the Working Group. 

• Incorporating AI, and other innovative technologies and methodologies, to further enhance the efficiency, stability, and growth of the U.S. financial system, demonstrating broader national importance. 

Finance and fintech professionals can also demonstrate national interest by highlighting how their work in areas like economic modeling, financial innovation, or entrepreneurship can promote economic growth, innovation, and job creation in the United States.  

According to the executive order: “The digital asset industry plays a crucial role in innovation and economic development in the United States, as well as our Nation’s international leadership.” 

Professionals can demonstrate the national importance of their work contributing to economic growth by: 

• Developing and implementing economic models that help policymakers and businesses make informed decisions about economic development and growth. 

• Developing new financial products or services that promote economic growth and innovation, aligning with the economic growth goals of the U.S. 

• Entrepreneurs can establish or work for startups that contribute to economic growth and job creation in the U.S. 

NIW Success for Finance Professionals 

Colombo & Hurd has helped hundreds of finance professionals working in diverse areas successfully obtain NIW approvals. Here are a few examples:   

• NIW Approval for a Professional with a Bachelor’s Degree in Financial Mathematics – The approval of a financial mathematics professional with a proposed endeavor to address the scarcity of affordable housing in the United States has significant national importance. By utilizing her experience in the construction sector, she aims to contribute to mitigating the growing shortage of low-cost housing for low-income individuals. This approval demonstrates how finance professionals can contribute to national priorities, such as affordable housing.  

• NIW Approval for a Professional with a Master’s Degree in Applied Finance – The approval of an applied finance professional with a proposal to impact the U.S. automotive electric vehicle industry by implementing innovative solutions for automotive electrification and telecommunications has significant national importance. This endeavor aims to enhance efficiency, reduce costs, increase competitiveness, and create new job opportunities, ultimately contributing to the economic development of the country. This approval demonstrates how finance professionals can drive innovation and economic growth in key industries. 

• NIW Approval for a Professional with a M.B.A. in Finance – The approval of a finance professional with an endeavor to design and implement highly customized and efficient production systems tailored specifically for small and medium-sized manufacturers across the United States has significant national importance. This endeavor aims to revolutionize production processes, increasing efficiency and competitiveness. This approval demonstrates how finance professionals can drive economic growth and innovation in the manufacturing sector.  

• NIW Approval for a Professional with a Bachelor’s Degree in Software Engerineering  – The approval of a software engineering professional with an endeavor to boost efficiency and cost-effectiveness in the U.S. business sector, primarily targeting small and medium-sized enterprises in healthcare and finance, by creating a talent incubator to meet the high demand for IT and software development skills in the U.S. has significant national importance. This endeavor aims to address the shortage of skilled tech professionals, driving innovation and economic growth. This example relates to the executive order goals, as it involves the development of digital technologies and talent, which can support the growth of digital assets and blockchain technology across various sectors. 

These examples demonstrate how professionals working in a variety of areas related to finance and fintech can contribute to national priorities, drive innovation, and support economic growth, aligning with the executive order goals. 

Future Opportunities for Finance and Fintech Professionals 

The immigration attorneys at Colombo & Hurd are experts at crafting compelling arguments tailored to current executive orders and policies. Ms. Slomski provides insight on how this executive order and other current initiatives provide opportunities to develop strong arguments in support of our clients: 

“This Executive Order, and other similar initiatives, present an opportunity to develop additional National Importance arguments for our clients, by showing their work aligns with national priorities. We can highlight the contributions finance and fintech professionals have made to financial security and economic innovation, demonstrating the importance of bringing this expertise to the United States. 

The Executive Order acknowledges the importance of fintech in today’s economy. We can leverage this order to demonstrate how our clients’ work aligns with national priorities, contributes to the economy, and benefits the nation.” 

The executive order has opened up new avenues for finance and fintech professionals to secure permanent residency in the United States through the EB-2 NIW pathway. By understanding the implications of Trump’s executive order and demonstrating how their work contributes to financial stability, AI-driven investing, economic growth, and innovation, professionals in these fields can showcase their national importance and take advantage of new opportunities for self-sponsored immigration under EB-2 NIW. 

The United States government recognizes the importance of food safety and food security, as emphasized by the Department of State’s Office of Global Food Security, the USDA’s Economic Research Service (ERS) report “Food Security in the U.S.,” and President Donald Trump’s Presidential Memorandum to deliver emergency price relief for American families and defeat the cost-of-living crisis. Ensuring a safe, abundant, and accessible food supply is a national priority, and food engineers and agricultural scientists play a vital role in achieving this goal. 

In today’s economic climate, where inflation and rising food prices pose significant concerns, innovative ideas that can help reduce costs and increase efficiency in the food industry are of paramount importance. The current economic situation underscores the need for experts in food engineering and agricultural science to bring their skills and knowledge to benefit American industries. 

Given the importance of these professions for meeting national goals, foreign nationals with expertise in food engineering and agricultural science may have strong profiles for an EB-2 National Interest Waiver (NIW) petition. The NIW provides an attractive pathway for these professionals to contribute their skills and knowledge to the U.S. market.  

To qualify for an EB-2 NIW, petitioners must establish that their work (endeavor) has substantial merit and is nationally important, that they are well positioned to advance it, and that it is in the national interest of the U.S. to waive the job offer requirement and labor certification process.  

Innovations in food and agricultural engineering are crucial to ensuring the nation’s food security. The Department of State “prioritizes food security as an issue of national security,” and the USDA ERS recognizes that food security “is associated with cognitive function, body mass index, and intentions to stay in the military.” In his Presidential Memorandum on addressing the cost-of-living crisis, President Trump calls for the elimination of policies that drive up the cost of food and seeks to make food more affordable for American families. Work in these areas can thus be nationally important, and EB-2 NIW petitioners can take advantage of this to support their petitions. 

Yadira Aguilar, Senior Immigration Attorney at Colombo & Hurd, emphasizes the significance of considering current government initiatives when evaluating what is nationally important: 

“When we think of what is nationally important, we need to consider current government cost-of-living initiatives and how our clients’ expertise can mitigate ongoing issues, in this case, reduce the cost of food. The current Administration has recently announced an Emergency Price Relief for American Families to Defeat the Cost-of Living Crisis. The goal is to help American families by implementing strategies that will help mitigate food prices, among other essential things.” 

This perspective highlights the critical role that food engineers and agricultural scientists can play in supporting national initiatives aimed at reducing food prices and inflation. By leveraging their expertise to improve efficiency, reduce waste, and optimize supply chains, these professionals can make a meaningful contribution to addressing pressing national concerns. 

Food engineers and agricultural scientists are essential in: 

• Enhancing societal welfare by ensuring the safe and efficient processing, packaging, and delivery of food 

• Promoting economic development through reliable food processes 

• Addressing public health concerns by designing food safety programs that improve the safety and quality of the U.S. food supply 

The important role of food scientists and agricultural engineers in meeting national food safety and security goals creates a compelling opportunity for these individuals to secure permanent residency in the United States through the EB-2 NIW. 

Recent Approvals for Clients Advancing Food Security and Agricultural Practices 

We have recently secured EB-2 NIW approvals for two clients whose endeavors exemplify the national importance of food security and agricultural science. 

The first of these approvals is for a client whose overall goal is to contribute to the general welfare of vulnerable communities in the United States by increasing equitable access to food systems and reducing public health disparities. Specifically, her work focuses on providing children with access to balanced food products, a critical factor in preventing childhood obesity and promoting healthy development. By achieving this goal, her undertaking will alleviate the economic burden posed by obesity on the public health sector, contribute to economic growth in the United States, and ultimately improve the quality of life for countless individuals. 

We also received approval for a client who intends to use advanced mathematical optimization and applied machine learning techniques to optimize agricultural practices in the United States, particularly in agribusinesses, to improve crop production and increase sustainability and climate change resiliency. His proposed work aligns with national initiatives from federal agencies such as the United States Department of Agriculture (USDA), the United States Agency for International Development (USAID), and the National Institute of Food and Agriculture (NIFA). These agencies support the use of advanced technologies and data analytics in agriculture, promote food security, and focus on developing science-based solutions to support a thriving agricultural system. 

These successful approvals demonstrate the potential for professionals working in a variety of areas in the food and agriculture sectors to secure EB-2 NIWs, provided they can demonstrate the national importance of their endeavors and align their work with federal initiatives.  

Further Opportunities for Food Scientists and Agricultural Engineers 

Innovations in food science and agricultural engineering are the subject of national initiatives, and as these approvals show, professionals specialized in these areas are recognized for their contributions to the nation’s health and economy.  

Food engineers and agricultural scientists are essential in ensuring societal welfare by guaranteeing that supply and demand in the food and agricultural industries are met. Their work helps ensure that food manufacturers, distributors, retail, and wholesale companies remain in business. Moreover, their expertise is critical in designing programs that improve the safety and quality of the U.S. food supply, which is a serious policy matter. 

In addition to meeting supply and demand and ensuring food safety and quality, food engineers and agricultural scientists can contribute to reducing food prices and inflation, which is a pressing national concern. By improving efficiency, reducing waste, and optimizing supply chains, they can help make food more affordable for Americans. This, in turn, can have positive impacts on the economy, public health, and overall quality of life. 

The food engineering industry is one of the largest in the world, and food engineering professionals play a pivotal role in designing reliable food processes and minimizing supply chain disruption. Given the national importance of food security and affordability, it is urgent that the most talented foreign-educated food engineers and agricultural scientists are encouraged to lend their expertise to the U.S. market. The EB-2 NIW pathway presents a unique opportunity for just that, allowing these individuals to contribute their skills and knowledge to the U.S. food and agriculture industry, drive innovation, and support the country’s food security goals. 

President Donald Trump’s recent Executive Orders, establishing the “President’s Council of Advisors on Science and Technology” and “Removing Barriers to American Leadership in Artificial Intelligence,” offer new opportunities for EB-2 National Interest Waiver (NIW) petitioners in high-demand emerging technology fields. These executive orders highlight the importance of transformative technologies like artificial intelligence, quantum computing, and advanced biotechnology in maintaining America’s competitive edge and leadership in the global technological landscape. 

Federal Initiatives Driving U.S. Competitiveness in Emerging Technology Fields 

The importance of these emerging technology fields has been highlighted by the current administration’s federal initiatives. 

President Donald Trump’s recent Executive Order establishing an advisory council on science and technology, “President’s Council of Advisors on Science and Technology,” highlights the administration’s focus on encouraging U.S. competitiveness in emerging technology fields. 

The goal of this executive order is “to unite the brightest minds from academia, industry, and government to guide our Nation through this critical moment by charting a path forward for American leadership in science and technology.” In reality, the “brightest minds” belong to professionals from all over the world, and excluding foreign nationals would undermine the very goal of fostering American leadership in science and technology. 

In fact, many science and technology leaders in the United States throughout our country’s history have been immigrants. Elon Musk, for example, was born in South Africa and has since founded SpaceX and Tesla in the U.S, while Albert Einstein, arguably the most famous scientist of all time, was an immigrant who was born in Germany and gained U.S. citizenship in 1940. Clearly, the United States has long been a hub for innovation, attracting top talent in cutting-edge fields from around the world.   

To further solidify the United States’ position as a hub for innovation, President Trump’s recent Executive Order “Removing Barriers to American Leadership in Artificial Intelligence” is aimed at promoting AI development free from ideological bias and maintaining global AI dominance. This order revokes previous AI policies and directives that were deemed barriers to American AI innovation. 

The order indicates it establishes a policy to sustain and enhance America’s global AI dominance, promoting “human flourishing, economic competitiveness, and national security,” and presenting a unique opportunity for AI and emerging tech professionals to petition for an EB-2 NIW. 

The EB-2 NIW immigration pathway fits well with the administration’s goal of promoting U.S. competitiveness in emerging technology fields, providing a viable option for top talent to come to the United States. Professionals in these fields can highlight how their work contributes to the national interest by: 

• Demonstrating how their research or work in emerging technology fields has the potential to drive innovation, economic growth, and national security;  

• Showing how their work in AI can improve healthcare, education, or other areas that contribute to human flourishing; and 

• Highlighting how their expertise in AI or emerging tech can help U.S. businesses remain competitive in the global market. 

Impact on EB-2 NIW Petitioners 

Colombo & Hurd Immigration Attorney Allison McVey shares her insights on how our clients can benefit from these Executive Orders: 

“These EOs underscore the administration’s commitment to accelerating AI development and innovation. This presents significant opportunities for clients with experience in emerging technologies to apply their skills, driving advancements across nearly every industry.”  

EB-2 NIW petitioners in AI and other emerging technology fields may be able to demonstrate how their work aligns with current national priorities, strengthening their case for approval. The Trump administration’s emphasis on merit-based immigration benefits NIW petitioners with advanced degrees or exceptional skills in high-demand fields, making it easier for them to demonstrate their value to the U.S. economy and national interests and make a stronger case for self-sponsored immigration under EB-2 NIW.  

NIWs allow foreign nationals with advanced degrees or exceptional ability, whose work is in the national interest, to bypass the labor certification process and take a direct path to citizenship. AI and biotech professionals often qualify for this type of visa due to their specialized skills directly aligned with national initiatives, including Trump’s new Executive Orders on science, technology, and artificial intelligence. 

Ms. McVey explains how we are using these new policies to shape arguments in support of our clients: 

“We are effectively using arguments that center on increasing global competitiveness in AI, fostering innovation, and bolstering national security. This includes reducing reliance on technology manufactured by other countries, which not only brings economic benefits, but also enhances national resilience and addresses foreign privacy concerns. 

Arguments about increasing domestic AI user privacy regulations to protect consumer data will be less effective, but businesses and organizations are increasingly seeking expert guidance on how to effectively integrate these technologies into their operations and maximize success— which is where many of our clients excel, offering the expertise needed to bridge this critical skills gap.  

Emerging tech is especially useful for supply chain applications, and many of our clients are utilizing it to enhance logistics and route optimization, demand forecasting, and risk management— especially important to mitigate the effects of inflation and tariff imposition.” 

Immigration opens the doors for scientific and technological innovation in the United States. The EB-2 NIW provides a pathway for top talent in fields like AI, science, and technology to pursue their work in the United States. By understanding the alignment between the NIW and the administration’s goals, foreign nationals can make a stronger case for their immigration petitions and help drive American leadership in the global innovation landscape. 

The United States is experiencing a renewed push for energy independence, with a major policy shift prioritizing oil and gas expansion. Under President Donald Trump’s energy policies, which emphasize increased fossil fuel production and a revamped energy infrastructure, certain professionals may now have a stronger case for self-sponsored immigration under EB-2 National Interest Waiver (NIW).  

The EB-2 NIW allows individuals with exceptional abilities or advanced degrees to bypass the labor certification process if their work benefits the United States. This is an attractive immigration pathway for professionals with advanced degrees or exceptional abilities to contribute meaningfully to the United States in their areas of expertise. Professionals in fields such as engineering, mining, and infrastructure development can prove that their work is in the national interest by demonstrating how it supports the country’s new energy policies. The latest executive orders are creating new opportunities for energy professionals, particularly those in the oil and gas industry, to contribute to America’s economic growth and energy security.  

To qualify under national interest criteria, a petitioner’s proposed project must demonstrate a clear benefit to national security, economic growth, or environmental sustainability. Some examples of oil, gas, and renewable energy projects that may qualify include: 

• Critical Infrastructure:  
  • Pipelines, refineries, or other infrastructure projects that enhance energy security, reduce reliance on foreign oil, or improve the safety and efficiency of energy transportation. 
  • Energy infrastructure modernization projects that upgrade existing infrastructure, develop new infrastructure, and improve the safety and efficiency of energy transportation. 
• Innovative Technologies:  
  • Projects that deploy cutting-edge technologies, such as carbon capture, utilization, and storage (CCUS), enhanced oil recovery (EOR), or digitalization, to reduce greenhouse gas emissions, improve energy efficiency, or enhance environmental sustainability. 
  • Renewable energy development projects that drive the production of solar, wind, and hydroelectric power, as well as explore other energy sources. 
• Critical Minerals Extraction and Processing:  
  • Projects that involve extracting and processing minerals essential for energy production and national security, aligning with policies to reduce reliance on foreign energy sources. 

The United States consumes approximately 20 million barrels of oil per day, and natural gas accounts for about 40% of the country’s electricity generation. The oil and gas industry provides a significant portion of the energy needed to power the U.S. economy, making it a critical component of national energy security. Furthermore, the oil and gas industry is a significant contributor to the U.S. economy, generating billions of dollars in revenue each year. According to a study by the American Petroleum Institute (API), the industry supports over 10 million jobs across the country, both directly and indirectly. These jobs range from extraction and refining to pipeline construction and maintenance.  

Because this industry plays a significant role in U.S. energy security and economic growth, and relies on skilled professionals with highly specialized expertise in extraction, refining, and pipeline infrastructure to ensure safe and efficient operations, professionals in these fields seeking to immigrate to the U.S. can qualify under national interest criteria. 

This recognition of the industry’s importance is echoed in recent policy developments. Since taking office in January, President Trump has issued a series of Executive Orders aimed at reinvigorating American leadership in the energy sector. One of these Executive Orders, “Unleashing American Energy,” encourages energy production in the United States, with goals to establish the U.S. as a global energy leader, “restore American prosperity,” and “rebuild our Nation’s economic and military security.” 

The NIW immigration pathway aligns perfectly with this Executive Order, which explicitly mentions that it is “in the national interest to unleash America’s affordable and reliable energy and natural resources.” For professionals working in areas like energy infrastructure development, petroleum and gas engineering, critical minerals mining, and environmental engineering, this Executive Order offers a new opportunity to qualify for NIW.  

President Trump also issued an Executive Order “Declaring a National Energy Emergency,” which again calls for the revitalization of the United States’ energy supply and infrastructure. Notably, this Executive Order emphasizes the importance of providing a reliable and efficient energy supply to drive critical industries in the U.S., including manufacturing, transportation, agriculture, and defense, in addition to meeting the daily demand for energy in modern life. 

Furthermore, this Executive Order defines “energy” or “energy resources” to include “biofuels, geothermal heat, [and] the kinetic movement of flowing water.” The Executive Order’s broad definition of “energy” implies that some renewable sources are covered, while wind and solar could be inferred under the category of “energy resources.” The definition of “generation” explicitly includes electricity production, which applies to renewables like wind and solar. The order emphasizes the need for a “reliable, diversified, and affordable” energy supply, aligning with the role of renewables in energy security and economic stability. Additionally, the order supports utilizing “unrealized energy resources” to create jobs and reduce reliance on foreign energy, which includes renewables. Therefore, even if someone is not a professional in conventional fossil fuel energy, the current approach includes them as part of those priorities relevant to the national importance of an NIW case.   

Individuals with advanced degrees or exceptional abilities in energy-related fields can contribute to meeting the goals of these Executive Orders and supporting the nation’s economic and national security interests.  

“In times when there seems to be a realignment regarding what constitutes national importance for the United States—and considering that this is one of the most critical elements for an EB-2 NIW petition—the latest executive orders on energy send a clear invitation to professionals in this field to contribute to the fulfillment of U.S. public policy. One thing is certain: energy professionals who propose innovative methodologies, groundbreaking projects, and specific efficiency improvements will find a viable path to the American Dream through the EB-2 National Interest Waiver,” says Colombo & Hurd Immigration Attorney Jean-Paul Castro.  

Given the current administration’s focus on energy independence and infrastructure development, professionals in oil, gas, and renewable energy fields are particularly well-positioned to pursue NIW visas at this time. President Trump’s messaging emphasizes the importance of energy independence, national security, and economic growth, which aligns with the goals of the NIW program. Under the administration’s new energy policies, skilled immigrants can demonstrate how their work aligns with the national interest and supports the country’s energy policies, and make a strong case for self-sponsored immigration under EB-2 NIW.

Navigating the EB-2 National Interest Waiver (NIW) process can be complex, but insights from someone who has worked within the system can provide a substantial advantage. We are pleased to present an exclusive interview with Attorney Mandy Nease, a former USCIS officer with 13 years of experience, who has led the Professional Development team at Colombo & Hurd Immigration for over a year now. In this interview, Attorney Nease offers invaluable guidance on what USCIS officers seek in EB-2 NIW applications and provides expert advice to help applicants succeed.

During the interview, Attorney Nease discusses the comprehensive training that USCIS officers undergo. This rigorous training encompasses both legal and technical aspects, ensuring that officers are thoroughly prepared to adjudicate a variety of immigration petitions. Her firsthand experience provides a unique perspective on the meticulous nature of this training process. A key point of discussion is the mentoring process within USCIS, which ensures continuity and consistency in decision-making. New officers work closely with seasoned mentors, gradually building the confidence and expertise required to make informed decisions independently. This mentoring system is vital for maintaining high standards and uniformity in case adjudication.

Attorney Nease also highlights the significant advantages of the EB-2 NIW category for self-petitioners. Unlike traditional employment-based immigration processes, the EB-2 NIW allows applicants to seek permanent residency without the need for employer sponsorship. This freedom is particularly beneficial for individuals with unique skills and entrepreneurial aspirations, enabling them to pursue opportunities in the United States on their own terms. The importance of personalized petitions is another crucial topic covered in the interview. Tailored petitions that highlight the specific contributions and potential of applicants can significantly increase their chances of approval. This personalized approach is a hallmark of Colombo & Hurd’s practice, enabling effective representation of clients from diverse professional backgrounds.

Additionally, Attorney Nease addresses the efficiency of the EB-2 NIW process compared to traditional employer-based petitions. She outlines the lengthy and complex nature of the labor certification process required for other employment-based visas, which can take years. In contrast, the EB-2 NIW process is significantly faster, providing a more efficient pathway to permanent residency. If you would like to have one of our experienced immigration attorneys review your professional profile to verify if you are a good fit for the Green Card through the EB-2 NIW process, please click the following link for free evaluation of your professional profile: www.niwapproval.io

If you are a foreign national working in the field of engineering and are considering immigrating to the United States and obtaining a green card, the employment-based second-preference immigrant visa (EB-2) might be the perfect fit for you.  Generally, the EB-2 classification allows certain foreign professionals to obtain lawful permanent residence (green card) in the United States by showing that they have an advanced degree (Master’s, PhD, or equivalent).  Alternatively, the foreign national can satisfy the EB-2 criteria by demonstrating that he possesses exceptional ability in the field for which the immigration benefit is sought.

Since 2016, the EB-2 National Interest Waiver (EB-2 NIW) process has become a relatively popular option for highly skilled foreign nationals of various industries, including engineering.  As a result of a 2016 court decision, the EB-2 NIW has become easier for people to obtain qualification for permanent residence.  This process broadened options for applicants and has allowed for more creativity when developing the professional’s endeavor (or project).

The biggest advantage of the EB-2 NIW petition is the waiver of the labor certification process, which is a tedious and lengthy process that requires that all applicants be sponsored by an employer.  Qualifying for the NIW allows the applicant to skip such lengthy process without having to obtain the sponsor-employer.

How do I qualify for the first step – EB-2?

Like most U.S. visa programs, the EB-2 process requires applicants to meet certain criteria as outlined by the U.S. Citizenship and Immigration Services (USCIS). The first step in the process is meeting one of the following two criteria:

1. Hold an advanced degree (Master’s, Ph.D. or equivalent); alternatively, the applicant can show that he has a bachelor’s degree along with 5 years of progressive work experience in the field; OR
2. Possess “exceptional ability” in the field, which “means a degree of expertise significantly above that ordinarily encountered in the sciences, art or business.”

In addition to meeting one of the two criteria above, USCIS will examine the second part of your petition, which deals with the National Interest Waiver.

How do I qualify for second step – NIW?

While the first step in the EB-2 process is rather cut-and-dry, receiving streamlined approval through a special program described below is much tougher.

For USCIS to agree to waiving your labor certification (aka a formal job offer), it must be determined that it is in the best interest of the United States.  USCIS will consider several factors, in a balancing test, and will review the evidence submitted to determine whether it is in the nation’s interest to waive the labor certification.  You will be able to submit this evidence on your own behalf, making the process a little easier.

The EB-2 NIW process is preferable for many foreign nationals; however, it is much more difficult to obtain.

In 2016, a court decision clarified the requirements for those seeking the NIW process.  It its decision, the court established a three-part test that each applicant must satisfy to qualify for the National Interest Waiver.

The three-part test requires that:

1. The applicant’s proposed endeavor has both substantial merit and national importance;
2. The applicant is well-positioned to advance the proposed endeavor; and
3. When balancing all factors, it would be in the national interest of the United States to grant the applicant a waiver of the typical job and labor certification requirements.

USCIS will not limit NIW applications to certain fields. Foreign nationals of any field can apply if the endeavors they are pursuing would benefit the United States. As such, USCIS will only look at the potential prospective impact of the applicant’s undertaking. This will include looking at the national importance of the problems that could be addressed by the applicant through the endeavor.  Said endeavor should bring significant benefits to the nation’s economy, for example.

Once USCIS concludes that the endeavor itself would be beneficial to the U.S., the agency then will examine whether the applicant is uniquely positioned to take on that endeavor. Included in this evaluation, USCIS will consider the applicant’s:

• Education, skills, knowledge and record of success;
• Plan or model for future activities;
• Progress toward achieving the endeavor; and
• Interest of prospective users, customers, investors, gov’t entities, etc.

During the application phase, it is not necessary for the applicant to prove that the endeavor will be one-hundred percent successful. They only need to prove that the endeavor would be beneficial to the U.S. and that they are in a good position to make the proposed endeavor happen. A solid business plan as well as financial projections go a long way in providing this.

While many foreign nationals in the engineering field would be good candidates for the EB-2 visa program, the challenging part is proving they are worthy to be approved under the NIW program.

Here is a breakdown of how engineers in a variety of fields could qualify under the NIW program.

Civil Engineers – US Green Card through the EB-2 NIW

Civil engineers are extremely important to the United States. They are responsible for planning and constructing, then designing, maintaining, and operating various infrastructure projects. They contribute to protecting environmental health as well as that of the public. One way they do this is by improving existing infrastructure that, over the years, has been neglected.

Civil engineers can prove that their specific work in the field is of “substantial merit” if they have created a new approach to building bridges, or if they have developed an earthquake-resistant approach to constructing high-rise buildings.

In proving that they are “well-positioned” to advance their work, civil engineers can cite projects they have already conducted that would be like those they are proposing to do in the U.S. If they have received awards or other public recognition for this work, submitting that along with the application would be helpful.

While it is not necessary to provide proof of a job offer with the NIW application, it could serve as a boost to the applicant if they have one in hand. Proof of past employment in the field, as well as letters of recommendation, would be beneficial as well.

Finally, a civil engineer can convince USCIS to grant the waiver based on several factors. If they can prove that the projects that they are proposing are unique to the U.S., then it would not necessarily matter that there are U.S. residents who could do the job, too. The simple fact of how important the job is may override all other factors.

Mechanical Engineers – US Green Card through the EB-2 NIW

Mechanical engineers contribute to several different parts of society. They help to design and analyze, then manufacture and maintain mechanical systems. It is a rather broad field of engineering that includes many disciplines. Included in this are structural analysis, electricity, heating and cooling systems, watercraft and aircraft, weapons, and medical devices.

Mechanical engineers can prove “substantial merit” if they have a new medical device that could help treat patients better and more efficiently. Medicine and its application are at the forefront of most people’s minds right now with the COVID-19 pandemic. Proving that you can contribute to better serving patients with medical devices could be a great way to improve your potential NIW case.

This last point would also work well for the third prong of the NIW test. It would not matter whether there were qualified U.S. workers who could do what you did if you brought unique skills to the medical device field. You could prove this by showing the accomplishments you have already met overseas, and the many benefits they could provide to the U.S.

Electrical Engineers – US Green Card through the EB-2 NIW

Since so many things today are powered by electricity, the field of electrical engineering is also very broad in its reach. The field concerns the design and application of many devices, systems and/or equipment that uses electronics, electromagnetism, or electricity.

“Substantial merit” for electrical engineers could come in the form of immense benefits in the telecommunications industry. The newest technology available for mobile devices, for example, is 5G. It is being rolled out in the U.S. and around the globe to give people access to higher-powered wireless data service. Any ways that your endeavor could contribute to making it more widely available to the entire country would meet the “national importance” criteria.

To prove that you are well-position to advance your work, any years you have spent studying and/or working in the field of telecommunications would certainly help. If you have developed new chips or worked on cell towers to improve their effectiveness or design, that may be enough to meet this requirement.

For the final prong of the NIW test, electrical engineers can show how the field of telecommunications is constantly changing. It is of utmost interest to the U.S. to be ahead of the game so that the county can develop safe, secure, and efficient 5G networks, for example, so it can advance many developments across various industries.

Chemical Engineers – US Green Card through the EB-2 NIW

The focus of chemical engineering is the operation and design of chemical plants, as well as improving their production. Through chemical engineering, commercial processes are developed to create raw materials into products that are useful. An example is taking crude oil and converting it into gasoline into cars.

Chemical plants provide great benefits to the world, but they also provide potentials for disaster. The nuclear disaster in Fukushima, Japan, in 2011, and the infamous Chernobyl disaster in the Ukraine in 1986 are two examples. Chemical engineers can prove “substantial merit and national importance” if they have developed new ways to help run chemical plants more safely.

If a chemical engineer can prove that they have had experience working with robotics and artificial intelligence to identify problems at a chemical plant before they become disasters, they could meet the second NIW requirement. Again, any awards, certification, job experience and/or public notoriety would go a long way in proving this.

In the third prong, chemical engineers can discuss how there can never be enough safety around chemical plants and their sector in general. Even if there are plenty of qualified candidates in the U.S., therefore, it would be beneficial for America to have even more talent.

Systems Engineers – US Green Card through the EB-2 NIW

Systems engineering is becoming ever more important today. It focuses on designing, integrating, and managing complex systems over their full life cycles. This field develops engineered systems that include several different components that must run in synergy to perform a function that is useful.

Logistics is a huge field of development in systems engineering today. While logistics is often thought of for just shipping companies, it can apply in any number of industries. Systems engineers, therefore, can prove “substantial merit” if they have contributed to the advancement of more efficient and effective logistics processes.

If you have contributed to these advancements for another company in your country, proving your important role through job proof and/or job title would be a great way to meet the second prong. Media stories about how certain companies have been able to take advantage of the development for the betterment of their customers is a great way, too.

Logistics is a field that is only going to advance in the coming years. Therefore, meeting the third prong of the NIW criteria could include forecasts of the industry, and the importance of streamlining processes. Distribution and administration of the COVID-19 vaccine, for instance, will have a strong logistics presence.

Aerospace Engineers – US Green Card through the EB-2 NIW

Aerospace engineering is concerned with developing spacecraft and aircraft. It can also touch on avionics, but on the electrical side of the field. Many people refer to this field of engineering as rocket science.

The importance of flight cannot be understated in today’s world. From commercial aircraft moving products, or allowing people to travel all over the world, to space exploration, there are several areas of potential benefit.

Proving the work has “substantial merit” could show how you have worked on space exploration projects in the past. The U.S. is always looking to advance their space exploration, most recently with new trips to Mars. If you can prove you have experience in this area, that could help prove your NIW case.

Experience in aerospace engineering would help significantly. This could include working with your country’s space exploration program. It could also include extensive research you have done on the field. Or it could include experience for another company that you would then be using for a job in the U.S., say at NASA, for instance.

Having advanced aerospace engineers is always of benefit to the U.S. You could prove that your work, if successful, would make space exploration less expensive by returning spacecraft to Earth safely could prove the third prong of your NIW application.

Biomedical Engineers – US Green Card through the EB-2 NIW

Biomedical engineering is focused on developing principles and designs that will apply to medicine and biology for the purposes of healthcare. Biomedical engineers were heavily involved in the development of COVID-19 vaccines. In prominent examples, the two vaccines currently improved in the U.S. use new mRNA technology to create the vaccine.

If you have worked extensively on vaccines, then, you could prove your “substantial merit and national importance” at the same time. While the COVID-19 vaccine is front of mind right now, further development of other vaccines and therapeutics will remain pertinent now for years to come. Any proof that you have extensive research in the field or experience in development would help your case.

Proving you are well-positioned could require letters of recommendation from current bosses. If you were part of research studies or the development of new vaccine or therapeutic technologies, copies of organizational charts with a description of your specific position would work in your favor.

Finally, to meet the third prong, you could prove how the U.S. will continue to rely on biomedical engineers to not only fight future virus outbreaks, but to prevent them from happening in the first place. It could center on the focus of vaccines, or it could focus on therapeutics associated with helping people recover quickly.

If you are interested in in the EB-2 National Interest Waiver, contact our office today to schedule a consultation.  Initial consultations can be scheduled online, or by calling our Orlando office at (407) 478-1111 our Tampa office at (813) 444-1114 or our Miami office at 305-455-0590. We assist foreign nationals from all over the world file successful NIW applications and would like to provide a thorough analysis concerning the specifics of your matter to determine if you are qualified to apply.

Foreign professionals who are entrepreneurs may be interested in seeking permanent residency in the United States through an employment-based, second-preference immigrant visa (EB-2).  Through the EB-2 process, entrepreneurs can qualify for permanent residency (a green card) if they belong to a particular profession and have an advanced degree or equivalent, or possess exceptional abilities in the field for which the immigration classification is sought.

The EB-2 classification has a streamlined process for which foreign nationals can qualify under the National Interest Waiver (NIW).  Through the NIW, foreign nationals seeking permanent residency can skip the lengthy Labor Certification required by the U.S. Department of Labor and be fast-tracked through the system.

While the NIW process provides the benefit of waiving such extensive labor certification process, it does require the applicant meet a stringent standard.  Foreign nationals who seek the National Interest Waiver must satisfy a 3-prong test established by the U.S. Citizenship and Immigration Services (USCIS).

Here is how to qualify for an EB-2 NIW immigrant visa:

EB-2 Eligibility Test

Foreign nationals who wish to receive an EB-2 visa must pass an eligibility test. In 2016, the USCIS clarified the criteria for applicants, making it easier for people to complete the process.

The first step in the process is meeting one of the following two criteria:

1. Hold an advanced degree (Master’s, Ph.D. or equivalent), OR a bachelor’s degree coupled with 5 years of progressive work experience in the field; OR
2. Possess “exceptional ability” in the field, which “means a degree of expertise significantly above that ordinarily encountered in the sciences, art or business.”

This first test is rather straightforward. Either an applicant will have the required degree, or he won’t.  Alternatively, the applicant will possess “exceptional abilities,” or he won’t.  Entrepreneurs should not have a more difficult time at proving these than people who are employees of companies.

Where the EB-2 gets a bit more challenging for entrepreneurs, though, is not in this eligibility test. It is in the fact that all EB-2 applicants must have an employer who will act as their sponsor. This employer must receive a PERM Labor Certification from the U.S. Department of Labor.

However, entrepreneurs do not generally have employers – that is the nature of what they do.  Many entrepreneurs might get discouraged at this point and stop seeking the EB-2 process by mistakenly thinking that there is no way around it, but there is! And here is where the NIW part comes into play.

The National Interest Waiver Process

Foreign nationals can circumvent the tedious and extensive labor certification process by proving that they meet the NIW criteria.  Here, the applicant must establish that:

1. The endeavor (or undertaking) has substantial merit and is of national importance;
2. The applicant is well-positioned to advance the proposed endeavor; and
3. On balance, it would be beneficial to the United States to waive the job offer and labor certification.

The NIW process, then, allows entrepreneurs to be approved for an EB-2 visa without having to prove employment. If they meet all three of the NIW criteria, they will be on their way to obtaining permanent residency!

Here is a closer look at how entrepreneurs might be able to satisfy the three prongs.

1. Substantial merit and national importance

In the 2016 update to USCIS rules for the NIW, applicants are given broader opportunities to be creative with their endeavor.  For example, for entrepreneurs to show that their undertaking has substantial merit, they only need to show that their proposed endeavor will positively impact the areas of business, entrepreneurialism, science, technology, culture, health, OR education.

With respect to the national importance requirement, the applicant-entrepreneur will need to demonstrate that his endeavor, or project, “has significant potential to employ U.S. workers OR has other substantial positive economic effects.”

What was removed from the criteria was a prior requirement that their endeavor have a “national scope.” This means that even entrepreneurs who will have a more local impact can still meet the new criteria.

The best way to prove that your endeavor will meet this criterion is by creating a detailed and well-thought-out business plan. This plan should show how the product/service you are going to provide would benefit people in the U.S. substantially. The business plan should cite statistics, studies, and any other official projections to prove your point.  It will also be beneficial to show the structure of your business, if in fact you will consider providing your services by opening a business.  Said structure should provide projections of the potential job opportunities that your company will create.

2. Well-positioned

What makes you so special? That is essentially the question that you must answer for the second criteria – that you possess the experience and background that makes you “well-positioned” to advance the proposed endeavor.

The great part about the change in NIW rules for entrepreneurs is that you no longer must prove that your endeavor is likely to be successful. As any experienced entrepreneur knows, not all business endeavors are going to succeed.  However, you must show progress towards achieving your endeavor and demonstrate that you have a goal that is possible and achievable.

Part of being well-positioned to advance the undertaking requires that the entrepreneur possess the education, skills, work experience, or past success in similar projects.  As the applicant-entrepreneur, you will need to show that other entities or individuals are interested in what you can bring to the table. Entrepreneurs can do this in several ways – you can obtain recommendation letters from clients, customers, business partners, and/or government agencies, for example.  Past examples of your successes will support your endeavor because it will show your likelihood of being able to replicate those successes.

3. Balancing test for National Interest Waiver

The last step to pass to receive the NIW is to prove that your endeavor is going to be so beneficial to the U.S. interest that you deserve to circumvent the PERM process.

One of the best and easiest ways to do this is to show that your endeavor will generate jobs.  Remember that we previously discussed creating a detailed business plan to show the structure of your business? This piece of evidence comes in handy to show that you will create job opportunities for other Americans – including your own.  This can include initial projections of how many workers you will need right away, and even projections for how many you plan to add in the coming years if things go well.

USCIS often views employment of Americans as a matter of significant importance.

Beyond just showing employment projections and need, though, you will need to prove how your skills are likely to result in that employment lasting. In other words, do you have any proof that your endeavor is going to be successful enough that you will be able to set up shop and hire the people you say you are going to?

You can establish future success by providing evidence of past achievements and successes in similar projects.  Thus, USCIS will see that you can succeed because you have done so in past projects.  Using your past achievements as a future predictor of your ability to beneficially impact your proposed endeavor is a great way to prove your case.

How an Experienced EB-2 NIW Attorney Can Help

Our EB-2 NIW attorneys are highly skilled at helping clients navigate the immigration system, from gathering the necessary documentation through preparing for an interview and completing the final paperwork.  Colombo & Hurd is dedicated exclusively to the practice of immigration law and we work collaboratively with our clients to help them achieve their goals. Please find below a chart of the standard process for the EB-2 NIW from the initial consultation through approval. As of early 2021, approvals are taking an average of just under a year for processing.

If you are interested in in the EB-2 National Interest Waiver, contact our office today to schedule a consultation.  Initial consultations can be scheduled online, or by calling our Orlando office at (407) 478-1111 our Tampa office at (813) 444-1114 or our Miami office at 305-455-0590. We assist foreign nationals from all over the world file successful NIW applications and would like to provide a thorough analysis concerning the specifics of your matter to determine if you are qualified to apply.