Overview Guides and FAQs - Federal STEM Initiatives

The U.S. Department of State’s Bureau of Educational and Cultural Affairs announced the “Early Career STEM Research Initiative” (the Initiative) on January 21, 2022.ⁱ This initiative supports U.S. companies interested in hosting J-1 exchange visitors in STEM fields in collaboration with designated program sponsors.

A J-1 is a temporary, nonimmigrant visa issued to exchange visitors. There are 15 categories of J-1 exchange visitors—including intern, trainee, and research scholar—who attend programs in which they enjoy cultural and educational experiences that they can share when they return to their home countries.ⁱⁱ The State Department considers the exchange visitor program to be “public diplomacy” because the programs are designed to increase mutual understanding between U.S. citizens and citizens of other countries.

The initiative utilizes 7 of the 15 existing J-1 categories with the aim of attracting exchange visitors in STEM fields: college and university students, professors, research scholars, short-term research scholars, interns, trainees, and specialists. Organizations the agency has already authorized to sponsor exchange visitors do not require a separate authorization to sponsor exchange visitors in that category under the Initiative.

J-1 program sponsors, host companies, and participants may connect through their own networks. The State Department has provided information to facilitate connections and answer questions for those interested in participating in the Initiative, including examples of exchange visitor placements.ⁱⁱⁱ

A company interested in hosting exchange visitors to support its applied or experimental STEM research could seek its own designation as a program sponsor in the “research scholar” category. But the more likely scenario would be for a company to work with an institution already designated by the State Department as a program sponsor in the “research scholar” category. As the State Department emphasized in announcing the Initiative, designated program sponsors are authorized to sponsor exchange visitors providing or supporting STEM research at host STEM businesses, and the category is not limited to researchers and scholars on-campus at the nation’s universities, hospitals, or government labs.

Companies or organizations hosting a J-1 exchange visitor support the “public diplomacy” purpose of the program by engaging international STEM talent at U.S. host companies.

Last Updated: July 2024

On January 21, 2022, the Biden-Harris administration announced a series of policy changes intended to bolster the U.S. economy by attracting scholars, students, researchers, and workers from around the world who specialize in the fields of science, technology, engineering, and mathematics (STEM).ⁱ These policy changes include an expansion of the Optional Practical Training (OPT) program for international students who have come to the United States on F-1 visas to earn Bachelors, Masters, or Doctoral degrees in certain STEM fields from U.S. universities. Under the new policy, these students may remain in the United States for up to 36 months after earning their degrees in order to complete training in their fields of study.ⁱⁱ

Every year, approximately 800,000 international students pursue higher education at colleges and universities throughout the United States.ⁱⁱⁱ Under current regulations^iv and policy, qualifying international students in the U.S. are eligible for OPT, either while they are still in school (“pre-completion” OPT) or immediately after they graduate (“post-completion” OPT).^v This allows them to apply for temporary authorization to seek on-the-job learning related to their fields of study.^vi OPT has the dual benefit of providing international students with valuable practical experience in their field of study, while also allowing U.S. employers—and the U.S. economy more broadly—to benefit from the skills and talent these students possess. Without OPT, many international students would be forced to leave the United States and possibly work for U.S. competitors abroad.

International students on F-1 visas who are studying non-STEM fields can seek "post-completion" OPT for up to 12 months.^vii International students in designated STEM fields^viii are eligible for the same initial 12-month OPT designation, in addition to a two-year "STEM extension" which allows them to continue living and working in the U.S. for a total of 36 months.^ix In Fiscal Year 2021, U.S. Citizenship and Immigration Services approved just under 180,000 OPT-related applications for employment authorization.^x

The U.S. Department of Homeland Security maintains a complete list of qualifying STEM degrees in its "DHS STEM Designated Degree Program List."^xi DHS has updated the list three times during the Biden administration, adding a total of 31 additional fields of study.

On January 21, 2022, DHS published a notice in the Federal Register adding 22 fields of study:^xii

Bioenergy: how using plants and microbes to produce bio-based fuels (such as ethanol and biodiesel) affects the environment and economy.
Forestry (General): ways in which forest areas can be managed and developed for economic, recreational, and ecological purposes.
Forest Resources Production and Management: the application of forestry principles to produce, harvest, and process forest resources.
Human-Centered Technology Design: the incorporation of a human perspective into the design and creation of technological interfaces.
Cloud Computing: the development of software systems that rely on the internet.
Anthrozoology: using both anthropology and zoology to examine the relationship between humans and animals.
Climate Science: the scientific study of earth’s climate system, focusing on the interactions between the atmosphere, oceans, land masses, and ice masses.
Earth Systems Science: the interactions between earth’s oceans, land masses, and atmosphere.
Economics and Computer Science: how computer science and economics are related to each other.
Environmental Geosciences: the scientific study of how geological processes and human activities affect the earth.
Geobiology: the scientific study of how living things and geological systems interact with each other.
Geography and Environmental Studies: the interactions among people, the natural environment, and the man-made environment.
Mathematical Economics: the use of mathematical methods to develop economic theory and conduct quantitative analysis.
Mathematics and Atmospheric/Oceanic Science: the use of mathematics to understand problems in earth’s atmosphere and oceans.
Data Science (General): the interdisciplinary study of large-scale data sources.
Data Analytics (General): how to use data science to identify and predict trends.
Business Analytics: how to use data science to solve business problems.
Data Visualization: how to explain data using visual presentation tools and techniques.
Financial Analytics: how to use data science to understand financial data.
Data Analytics (Other): any program in data analytics not covered by Data Analytics (General), Business Analytics, Data Visualization, and Financial Analytics.
Industrial and Organizational Psychology: the scientific study of how people behave in institutional settings.
Social Sciences, Research Methodology and Quantitative Methods: how to design research studies in the social sciences and analyze the data derived from those studies.

On July 12, 2023, DHS published a notice in the Federal Register adding eight more fields of study.^xiii

Landscape Architecture: apply research, innovation, or development of new technologies from natural sciences, engineering, and mathematics to accomplish projects or research affecting the landscape, which may include landscape or environmental design or project or site planning.
Institutional Research: study research methods, data collection and analysis, and higher education administration and operations to become an institutional researcher at a postsecondary educational institution.
Mechatronics, Robotics, and Automation Engineering Technology/Technician: apply basic engineering principles and technical skills to support engineers designing/developing/evaluating autonomous, computer-controlled, electro-mechanical systems.
Composite Materials Technology/Technician: apply basic engineering principles and technical skills to support professionals developing/manufacturing/using composite materials in specified technologies and products.
Linguistics and Computer Science: how computer and human languages relate and applying computational techniques to natural language.
Developmental and Adolescent Psychology: use biological sciences to study the psychological growth and development stages from adolescent to adult.
Geospatial Intelligence: use a geographic perspective to analyze security and intelligence problems.

On July 23, 2024, DHS published a notice in the Federal Register adding another field of study.^xiv

Environmental/Natural Resource Economics: apply economic concepts and methods to analyze issues affecting the environment and resource use, such as pollution, land use planning, and conservation policies.

Endnotes

¹The White House, “Biden-⁠Harris Administration Actions to Attract STEM Talent and Strengthen our Economy and Competitiveness,” January 21, 2022, https://www.whitehouse.gov/briefing-room/statements-releases/2022/01/21/fact-sheet-biden-harris-administration-actions-to-attract-stem-talent-and-strengthen-our-economy-and-competitiveness/.
²Ibid.
³Institute of International Education, “International Student Enrollment Trends, 1948/49-2020/21,” 2021, https://opendoorsdata.org/data/international-students/enrollment-trends/.
⁴8 C.F.R. § 214.2(f)(10)(ii).
⁵U.S. Department of Homeland Security, “Training Opportunities in the United States,” last accessed May 2022, https://studyinthestates.dhs.gov/students/training-opportunities-in-the-united-states. While current regulations allow for the exercise of “pre-completion” OPT in certain circumstances, this fact sheet is intended to focus on “post-completion” OPT and the impact of the Biden-Harris administration’s recent expansion of the qualifying fields of study.
⁶Ibid.
⁷Ibid. “Post-completion” OPT can include individuals pursuing a bachelors, masters, or doctoral degree who have completed all course requirements excluding a thesis or its equivalent.
⁸8 C.F.R. § 214.2(f)(10)(ii)(C)(2)(i). The term “science, technology, engineering or mathematics field” means a field included in the Department of Education's Classification of Instructional Programs taxonomy within the two-digit series or successor series containing engineering, biological sciences, mathematics, and physical sciences, or a related field. In general, related fields will include fields involving research, innovation, or development of new technologies using engineering, mathematics, computer science, or natural sciences (including physical, biological, and agricultural sciences).
⁹U.S. Department of Homeland Security, “Training Opportunities in the United States,” last accessed May 2022, https://studyinthestates.dhs.gov/students/training-opportunities-in-the-united-states. Also see 8 C.F.R. § 214.2(f)(10)(ii)(C).
¹⁰U.S. Citizenship and Immigration Services, “Form I-765, Application for Employment Authorization, Eligibility Category and Filing Type, Fiscal Year 2021,” https://www.uscis.gov/sites/default/files/document/reports/I-765_Application_for_Employment_FY21.csv.
¹¹U.S. Department of Homeland Security, “DHS STEM Designated Degree Program List,” last accessed May 2022, https://www.ice.gov/sites/default/files/documents/stem-list.pdf.
¹²Update to the Department of Homeland Security STEM Designated Degree Program List, 87 Fed. Reg. 3317 (January 21, 2022), https://www.govinfo.gov/content/pkg/FR-2022-01-21/pdf/2022-01188.pdf. The descriptions of these 22 additional fields of study are derived from the definitions provided in this Federal Register notice.
¹³Update to the Department of Homeland Security STEM Designated Degree Program List, 88 Fed. Reg. 44381 (July 12, 2023), https://www.govinfo.gov/content/pkg/FR-2023-07-12/pdf/2023-14807.pdf. The descriptions of the eight additional fields of study are derived from the definitions provided in the Federal Register notice.
¹⁴Update to the Department of Homeland Security STEM Designated Degree Program List, 89 Fed. Reg. 59748 (July 23, 2024), https://www.govinfo.gov/content/pkg/FR-2024-07-23/pdf/2024-16127.pdf. The description of the additional field of study is derived from the definition provided in the Federal Register notice.

U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance to clarify for its officers how to evaluate documentation when people are trying to establish extraordinary ability in the temporary nonimmigrant and immigrant visa categories.ⁱ The requirements are not identical. and USCIS approval for the temporary category does not guarantee approval for the immigrant visa category.ⁱⁱ Most notably, a noncitizen may self-petition for the immigrant extraordinary ability category. No employer sponsor is required.ⁱⁱⁱ

Both visa categories are for noncitizens of extraordinary ability in the sciences, arts, education, business, or athletics. Congress identified three requirements for establishing extraordinary ability in the O-1 temporary visa category: (1) sustained national or international acclaim; (2) extensive documentation of recognized achievement in their field; and (3) intent to enter the United States to continue working in their area of extraordinary ability.^iv For the EB-1(A) immigrant visa category, Congress included the same three requirements plus that the noncitizen’s entry will “substantially benefit” the United States looking to the future.^v In both categories, USCIS defines extraordinary ability in the fields of science, education, business, or athletics as a level of expertise indicating the person is one of a small percentage who has risen to the very top of their field.^vi For the temporary visa category, USCIS utilizes the following two-part test. First, USCIS requires sufficient documentation of either a “major, internationally recognized award” (i.e., a Nobel prize) or of at least three of eight alternative criteria specified by regulation.^vii USCIS also accepts comparable evidence if the criteria “do not readily apply” to a person’s occupation.^viii Second, USCIS reviews the “totality of all the evidence in the record,” deciding if the documentation shows that the person has sustained national or international acclaim and is one of the small percentage to rise to the very top of their field.^ix

For the immigrant visa category, USCIS also utilizes a two-part test. First, USCIS requires sufficient documentation of either a “major international^ly recognized award” (like a Nobel prize) or at least three of ten alternative criteria specified by regulation.^x Like the temporary category, USCIS will accept comparable evidence if the criteria “do not readily apply” to the noncitizen’s occupation.^xi Second, USCIS makes a “final merits determination,” considering “any potentially relevant evidence in the record” to decide if the documentation shows that the person has sustained national or international acclaim and whose achievements are recognized in their field at a level that places them at the very top of their field.^xii

In January 2022, USCIS issued policy guidance for the temporary extraordinary ability category in the fields of science, education, business or athletics (O-1A).^xiii In September 2023, USCIS issued similar guidance for the immigrant extraordinary ability category.^xiv The guidance, which emphasizes STEM fields, includes examples of documentation that may satisfy the regulatory criteria and considerations for USCIS officers to help them evaluate the documentation.^xv

For example, in the temporary category, USCIS identifies awards open to members of “a well-known national institution,” including those with certain research rankings, that may qualify for the criterion of receipt of a nationally recognized award for excellence.^xvi For the criterion of employment “in a critical or essential capacity” for entities with a “distinguished reputation,” the list offers senior faculty or research position for a distinguished academic department or program, or senior research position for a distinguished non-academic institution or company. The consideration for officers in determining whether academic departments or programs or institutions are “distinguished” includes that national rankings and receipt of government research grants can be “positive factors in some cases.”^xvii The list also has examples of documentation that entrepreneurs or founders of start-up businesses could submit to satisfy certain criteria and officer considerations for evaluating that evidence.^xviii

In the immigrant category, USCIS includes the same example of institutions with certain research rankings for the criterion of a lesser nationally recognized award for excellence.^xix For the criterion of employment “in a leading or critical role” for entities, with a “distinguished reputation,” USCIS includes the same examples described above for senior faculty or research positions and the same consideration for determining whether academic departments or programs are “distinguished.”^xx USCIS also provides examples of documentation that entrepreneurs or founders of start-up businesses may submit to meet certain criteria and officer considerations for evaluating such evidence.^xxi

The guidance for the temporary and immigrant categories reminds officers that they may accept comparable evidence for people working in STEM fields if a particular criterion does not apply to their occupation.^xxii

The guidance for the temporary category also explains how a USCIS officer may determine that a person intends to continue to work in the United States in their field of extraordinary ability.^xxiii

The guidance for the temporary category also clarifies how officers may determine the “totality of all the evidence,” including examples of positive factors. The guidance explains that officers may consider documentation even when it does not “directly correspond” to the regulatory criteria or was not presented as comparable evidence. One example of a positive factor in establishing that a person in a STEM field has risen to the very top of their field is documentation of employment or research experience with a university “highly regarded according to a widely recognized metric” (with examples of such metrics).^xxiv USCIS expanded its guidance to include as a positive factor that a person has been named on a competitive grant for STEM research.^xxv

The guidance for the final merits determination in the immigrant category contains the same examples of positive factors as the temporary category, including the two described above for people working in STEM fields.^xxvi Like the temporary category, the guidance also includes considering documentation that does not fit into the regulatory criteria or which the petitioner did not identify as comparable evidence.^xxvii

Endnotes

ⁱ U.S. Citizenship and Immigration Services, Policy Alert, Evaluating Eligibility for Extraordinary Ability and Outstanding Professor or Researcher Visa Classifications, PA-2023-26 (Sept. 12, 2023), https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20230912-ExtraordinaryAbilityOutstandingProfessor.pdf; U.S. Citizenship and Immigration Services, Policy Alert, O-1 Nonimmigrant Status for Persons of Extraordinary Ability, PA-2022-18, July 22, 2022, https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220722-ExtraordinaryAbility.pdf; U.S. Citizenship and Immigration Services, Policy Alert, O-1 Nonimmigrant Status for Persons of Extraordinary Ability or Achievement, PA-2022-03,January 21, 2022, https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220121-ExtraordinaryAbility.pdf.
ⁱⁱ U.S. Citizenship and Immigration Services, Policy Manual, Volume 6, Part F, Chapter 2, Section B.3, https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-2.
ⁱⁱⁱ 8 U.S.C. § 1153(b)(1)(A); 8 C.F.R. §§ 204.5(h)(1), (h)(5).
^iv 8 U.S.C. § 1101(a)(15)(O)(i).
^v 8 U.S.C. § 1153(b)(1)(A)(i)-(iii).
^vi 8 C.F.R. §§ 204.5(h)(2); 214.2(o)(3)(ii).
^vii 8 C.F.R. § 214.2(o)(3)(iii)(A)-(B)
^viii 8 C.F.R. § 214.2(o)(3)(iii)(C).
^ix U.S. Citizenship and Immigration Services, Policy Manual, Volume 2, Part M, Chapter 4, Sections B-C, https://www.uscis.gov/policy-manual/volume-2-part-m-chapter-4.
^x 8 C.F.R. § 204.5(h)(3). In its Policy Manual, USCIS describes the first step as “limited to determining whether the evidence submitted with the petition meets the evidentiary criteria.” U.S. Citizenship and Immigration Services, Policy Manual, Volume 6, Part F, Chapter 2, Section B.1. However, USCIS likely also reviews the statutory substantially benefit requirement at the first step. While describing the agency’s interpretation as “broad,” the Manual advises that a “fact-dependent assessment” must be made and a Request for Evidence (RFE) may be needed. Id. at Volume 6, Part F, Chapter 2, Section A.3. An RFE would only be issued, and additional information considered before the second, and final, step of the determination.
^xi 8 C.F.R. § 204.5(h)(4).
^xii U.S. Citizenship and Immigration Services, Policy Manual, Volume 6, Part F, Chapter 2, Section B.2, https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-2.
^xiii U.S. Citizenship and Immigration Services, Policy Alert, O-1 Nonimmigrant Status for Persons of Extraordinary Ability or Achievement, PA-2022-03,January 21, 2022, https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220121-ExtraordinaryAbility.pdf. This guidance is for extraordinary ability in the fields of science, education, business, or athletics (O-1A). See also infra n.25 for additional guidance issued in July 2022.
^xiv U.S. Citizenship and Immigration Services, Policy Alert, Evaluating Eligibility for Extraordinary Ability and Outstanding Professor or Researcher Visa Classifications, PA-2023-26 (Sept. 12, 2023), https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20230912-ExtraordinaryAbilityOutstandingProfessor.pdf.
^xv U.S. Citizenship and Immigration Services, Policy Alert, O-1 Nonimmigrant Status for Persons of Extraordinary Ability or Achievement, PA-2022-03,January 21, 2022, https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220121-ExtraordinaryAbility.pdf.
^xvi U.S. Citizenship and Immigration Services, Policy Manual, Volume 2, Part M, Chapter 4, Appendix: Satisfying the O-1A Evidentiary Requirements, criterion 1 and n.2, current as of Oct. 4, 2023, https://www.uscis.gov/policy-manual/volume-2-part-m-chapter-4.
^xvii U.S. Citizenship and Immigration Services, Policy Manual, Volume 2, Part M, Chapter 4, Appendix: Satisfying the O-1A Evidentiary Requirements, criterion 7, https://www.uscis.gov/policy-manual/volume-2-part-m-chapter-4.
^xviii U.S. Citizenship and Immigration Services, Policy Manual, Volume 2, Part M, Chapter 4, Appendix: Satisfying the O-1A Evidentiary Requirements, criteria 7-8, https://www.uscis.gov/policy-manual/volume-2-part-m-chapter-4.
^xix U.S. Citizenship and Immigration Services, Policy Manual, Volume 6, Part F, Chapter 2, Section B.1, regulatory criteria tables, criterion 1 & n.19, current as of Oct. 4, 2023, https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-2.
^xx U.S. Citizenship and Immigration Services, Policy Manual, Volume 6, Part F, Chapter 2, Section B.1, regulatory criteria tables, criterion 8, https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-2.
^xxi U.S. Citizenship and Immigration Services, Policy Manual, Volume 6, Part F, Chapter 2, Section B.1, regulatory criteria tables, criteria 8-9, https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-2.
^xxii U.S. Citizenship and Immigration Services, Policy Manual, Volume 6, Part F, Chapter 2, Section B.1, comparable evidence table, https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-2; U.S. Citizenship and Immigration Services, Policy Manual, Volume 2, Part M, Chapter 4, Section C.3, https://www.uscis.gov/policy-manual/volume-2-part-m-chapter-4.
^xxiii U.S. Citizenship and Immigration Services, Policy Manual, Volume 2, Part M, Chapter 4, Section F.1, https://www.uscis.gov/policy-manual/volume-2-part-m-chapter-4. The guidance for the immigrant category is minimal. U.S. Citizenship and Immigration Services, Policy Manual, Volume 6, Part F, Chapter 2, Section A.2, https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-2.
^xxiv U.S. Citizenship and Immigration Services, Policy Manual, Volume 2, Part M, Chapter 4, Section C.4, current as of Oct. 4, 2023, https://www.uscis.gov/policy-manual/volume-2-part-m-chapter-4.
^xxv U.S. Citizenship and Immigration Services, Policy Alert, O-1 Nonimmigrant Status for Persons of Extraordinary Ability, PA-2022-18, July 22, 2022, https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220722-ExtraordinaryAbility.pdf, incorporated at U.S. Citizenship and Immigration Services, Policy Manual, Volume 2, Part M, Chapter 4, Section C.4, https://www.uscis.gov/policy-manual/volume-2-part-m-chapter-4.
^xxvi U.S. Citizenship and Immigration Services, Policy Manual, Volume 6, Part F, Chapter 2, Section B.2, https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-2.
^xxvii Id.

One path to a green card is the Employment-Based Second Preference (EB-2) category for people who are either (1) advanced degree professionals or (2) of “exceptional ability in the sciences, arts, or business,” and who will “substantially benefit prospectively” the U.S. national economy or U.S. cultural or educational interests or welfare. While most immigrant employment-based categories require U.S. employer sponsorship and certification that qualified U.S. workers are unavailable, U.S. Citizenship and Immigration Services (USCIS) may waive the “job offer requirement” if the agency decides that the person’s work in the United States would be in the national interest, known as a “national interest waiver” (NIW).ⁱ An immigrant petition in the EB-2 category with an NIW may be filed as a self-petition by the noncitizen or by a U.S. employer on behalf of a noncitizen (who may be employed by the sponsor already or may be a future employee).

In 2016, the Administrative Appeals Office (AAO), which is USCIS’ highest level of administrative review, issued Matter of Dhanasar.ⁱⁱ Dhanasar, which USCIS officers must follow, provides an analytical framework for granting NIWs. The person the AAO approved for an NIW under this framework had a U.S. Ph.D. in Engineering and planned to continue his research and development relating to air and space propulsion systems and to support teaching activities in science, technology, engineering, and mathematics fields. Nevertheless, people in STEM fields continue to face evidentiary challenges when requesting an NIW. NIW adjudications have been generally slow and inconsistent, and some researchers with similar profiles to Mr. Dhanasar have received denials. Entrepreneurs also have found it challenging to apply Dhanasar to the documentation available in the business setting. NIW is a discretionary category so administrative appeals are generally difficult.

On January 21, 2022, USCIS updated its policy guidance for NIW petitions. USCIS characterized the guidance as explaining the Dhanasar framework, including special considerations that USCIS officers may give for proposed work in STEM fields. USCIS also stressed the “significance of letters from governmental and quasi-governmental entities” and the applicability of the NIW standards to entrepreneurs.

USCIS added a section to its Policy Manual for “specific evidentiary considerations” for people with advanced degrees in STEM fields.ⁱⁱⁱ USCIS now looks particularly favorably on people with a Ph.D. in a STEM field whose work has the potential to further “a critical and emerging technology or other STEM area important to U.S. competitiveness or national security.” USCIS also provides examples of how officers can identify a critical and emerging technology, such as lists of technologies published by the National Science and Technology Council or the National Security Council.

USCIS added a separate section addressing letters from interested U.S. government agencies or quasi-governmental entities.^iv The guidance includes examples of types of information that could support the components of the Dhanasar framework. For example, a letter could support a showing that the person’s proposed STEM endeavor has “substantial merit and national importance” if the writer shows that their agency or entity has expertise in the proposed STEM endeavor and that the proposed STEM endeavor “promises to advance a critical and emerging technology or is otherwise important” to maintaining U.S. “technological prominence.”

The agency Policy Manual section on NIWs now includes “specific evidentiary considerations” for people with advanced degrees in STEM fields.ⁱⁱⁱ USCIS now looks particularly favorably on people with a Ph.D. in a STEM field whose work has the potential to further “a critical and emerging technology or other STEM area important to U.S. competitiveness or national security.” USCIS also provides examples of how officers can identify a critical and emerging technology, such as lists of technologies published by the National Science and Technology Council or the National Security Council.

USCIS added a separate section addressing letters from interested U.S. government agencies or quasi-governmental entities.^iv For example, a letter could support a showing that the person’s proposed STEM endeavor has “substantial merit and national importance” if the writer shows that their agency or entity has expertise in the proposed STEM endeavor and that the proposed STEM endeavor “promises to advance a critical and emerging technology or is otherwise important” to maintaining U.S. “technological prominence.”

USCIS also added a section to its Policy Manual for “specific evidentiary considerations” for entrepreneurs, some of whom may have education or experience in STEM fields.^v The agency clarifies for officers that documentation from entrepreneurs may have “unique aspects” and they may consider that “many entrepreneurs do not follow traditional career paths and there is no single way in which an entrepreneurial start-up entity may be structured.” The guidance explains that relevant information could include ownership and investment records or an entrepreneur’s educational degrees or experience letters. For example, evidence that an entrepreneur has been admitted into an incubator or accelerator could support a showing that the entrepreneur “is well positioned to advance the endeavor.” Another example is awards or grants from government entities with research and development expertise, or from policy or research institutes, which could support a showing that the entrepreneur’s endeavor has “substantial merit and national importance” or that the entrepreneur is well positioned to advance the endeavor.

On January 21, 2022, the Biden-Harris administration announced a series of policy changes intended to bolster the U.S. economy by attracting scholars, students, researchers, and workers from around the world who specialize in the fields of science, technology, engineering, and mathematics (STEM).ⁱ These changes include a new policy from the Directorate of Private Sector Exchange which will permit both undergraduate and graduate STEM exchange visitors to remain in the United States to receive additional academic training in STEM fields.ⁱⁱ This expansion of academic training was announced in response to the “Joint Statement of Principles in Support of International Education” issued by the Department of State and Department of Education, which calls for expanding opportunities for STEM students and graduates to learn and train in the United States.ⁱⁱⁱ

This opportunity is available only for undergraduate and post-doctoral exchange students “who are pursuing or [have] recently completed STEM-related studies.”^iv Post-doctoral exchange visitors may receive up to 36 months of additional academic training, while pre-doctoral and undergraduate exchange visitors are capped at 18 months of additional academic training.

Overview

Every year, thousands of exchange visitors pursue academic training in the United States through educational exchange programs such as the Fulbright scholarship, through direct financing from a foreign government, or under a bilateral agreement between the United States and a foreign government.^v These J-1 exchange students are not eligible for Optional Practical Training, which is a form of post-graduate study available for F-1 students. Instead, they are eligible for “academic training,” which is a form of employment which is an “integral or critical part” of a student’s academic program.^vi Academic training must begin either during a course of study or no later than 30 days after the completion of an exchange student’s studies.^vii Exchange visitors who are engaged in academic training must be primarily in the United States to study (not to engage in training), must be in good academic standing, must receive written approval ahead of time, and can only receive academic training that is directly related to their field of study.^viii

Under the Biden administration’s expansion of academic training, eligible exchange visitors in STEM fields may request academic training for up to 18 months if they have not completed a graduate degree or up to 36 months in total if they have received a doctorate.^ix This academic extension is currently set to be in effect for two academic years (2021-2022 and 2022-2023).

U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance to clarify how people in STEM fields may qualify for a green card in the outstanding professor or researcher category.ⁱ For this category, a noncitizen who is “recognized internationally as outstanding in a specific academic area” may be sponsored by an accredited U.S. university or an “institution of higher education”ⁱⁱ or by certain private employers.ⁱⁱⁱ The academic position offered must be either a tenured or tenure-track teaching job or comparable research job and the private sector position must be a comparable research job.^iv The job must be in the same academic area^v in which the noncitizen has achieved international recognition and has at least three years’ teaching or research experience.^vi USCIS uses a two-part test to determine eligibility. First, USCIS requires sufficient documentation of at least two of six criteria specified by regulation.^vii When the criteria “do not readily apply,” USCIS will accept comparable evidence of the noncitizen’s achievements.^viii Second, USCIS makes a “final merits determination,” considering “any potentially relevant evidence in the record” to decide if the documentation shows that the noncitizen is recognized internationally as outstanding in the academic area.^ix In meeting the regulatory criteria, noncitizens in STEM fields may benefit from such examples of documentation as:

Awards open to members of “an internationally known and respected institution (including an R1 or R2 doctoral university)” may meet the criterion of a major award for outstanding achievement in the academic field.^x
Fellow level membership in an international organization for engineering and technology professionals with a general membership tier, may meet the criterion of membership in associations in the academic field that require outstanding achievements, if one of the requirements is “accomplishments that have contributed importantly to the advancement or application of engineering, science, and technology” and groups of experts and current fellows judge the nominees.^xi
Membership in a scientific society dedicated to artificial intelligence may meet the criterion of membership in associations in the academic field that require outstanding achievements if selection as a fellow is based “on recognition of a nominee’s significant, sustained contributions” to the AI field and a panel of current fellows selects the new fellows.^xii

For the “totality of the evidence” review, USCIS has added examples of positive factors that the foreign national is recognized internationally as outstanding such as:

Directing adjudicators to consider recognized rankings of U.S. and foreign universities as evidence that the foreign national’s employment or research experience is with leading institutions in their academic field.^xiii
The beneficiary is an investigator, scientist, or researcher on “a peer-reviewed and competitively funded U.S. government grant or stipend” for STEM research.^xiv

Endnotes

ⁱ U.S. Citizenship and Immigration Services, Policy Alert, Evaluating Eligibility for Extraordinary Ability and Outstanding Professor or Researcher Visa Classifications, PA-2023-26 (Sept. 12, 2023), https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20230912-ExtraordinaryAbilityOutstandingProfessor.pdf.
ⁱⁱ An “institution of higher education” is defined at 20 U.S.C. § 1001, which includes nonprofit institutions authorized by a state to offer post-secondary education and meet certain degree and accreditation requirements.
ⁱⁱⁱ An eligible private employer has a department, division, or institute that employs at least three people full time in “research activities and has achieved documented accomplishments in an academic field.” 8 U.S.C. 1153(b)(1)(B)(iii)(III).
^iv USCIS interprets a research job to be comparable to a tenured or tenure-track teaching position if the petitioner has offered “permanent” employment, which the agency defines as tenured or tenure-track or of indefinite or unlimited duration and in which the noncitizen can expect to remain employed unless good cause exists for termination. 8 C.F.R. § 204.5(i)(2) (Definitions). In its Policy Manual, USCIS recognizes that research positions often are funded through grants where funds are provided annually, and thus some employment contracts have one-year validity periods. In this circumstance, a petitioner may meet the requirement by demonstrating that it intends to continue seeking funding and has a reasonable expectation that funding will continue (such as prior renewals). U.S. Citizenship and Immigration Services, Policy Manual, Volume 6, Part F, Chapter 3, Section D.1, https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-3. USCIS also tells officers that actual practice, such as employment continuing beyond a one-year term because the grant is renewed, may establish that the job is not limited to a specific term. Id.
^v Congress did not define “academic area,” which USCIS equates with an “academic field.” See 8 C.F.R. § 204.5(i)(1) (“outstanding in an academic field under [8 U.S.C. § 1154(b)(1)(B)]”). The agency then defines an “academic field” as “a specialized body of knowledge offered for study” by an accredited U.S. university or institution of higher education. 8 C.F.R. § 204.5(i)(2). For example, in the Policy Manual, USCIS uses “academic area” when referring to the statutory requirement but then states that the petitioner “must submit evidence to demonstrate that the” noncitizen is “recognized internationally as outstanding in the academic field specified in the petition.” Compare U.S. Citizenship and Immigration Services, Policy Manual, Volume 6, Part F, Chapter 3, Section A (Eligibility) with Section B (Evidence), https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-3.
^vi 8 U.S.C. § 1153(b)(1)(B)(i)-(ii).
^vii 8 C.F.R. § 204.5(i)(3)(i). In its Policy Manual, USCIS reminds officers that at the first step they are “only required to determine if the evidence objectively meets the regulatory criteria.” U.S. Citizenship and Immigration Services, Policy Manual, Volume 6, Part F, Chapter 3, Section B.1.
^viii 8 C.F.R. § 204.5(i)(3)(ii). In the Policy Manual, USCIS refers to the statutory requirement that the noncitizen be
^ix U.S. Citizenship and Immigration Services, Policy Manual, Volume 6, Part F, Chapter 3, Section B.2, https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-3.
^x USCIS has specifically recognized these two rankings by the Carnegie Classification of Institution of Higher Education for “very high” or “high” research activity. U.S. Citizenship and Immigration Services, Policy Manual, Volume 6, Part F, Chapter 3, Section B.1, Criterion 1 and n.11, https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-3.
^xi U.S. Citizenship and Immigration Services, Policy Manual, Volume 6, Part F, Chapter 3, Section B.1, Criterion 2, https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-3.
^xii Id.
^xiii Examples include the Carnegie Classification “very high” or “high” research activity rankings, supra n.x, or a “widely recognized metric such as the QS World University Rankings.” U.S. Citizenship and Immigration Services, Policy Manual, Volume 6, Part F, Chapter 3, Section B.2 and nn.29-30, https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-3.
^xiv U.S. Citizenship and Immigration Services, Policy Manual, Volume 6, Part F, Chapter 3, Section B.2, https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-3.

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