EB2-NIW Guide for

STEM Talent

Tailored EB2-NIW guide for STEM talent

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EB-2 NIW Criteria Explained for STEM Talent

1
The Advanced Degree (Eligibility)

You must hold a U.S. Master’s degree or higher in a STEM field relevant to your proposed endeavor, or its foreign equivalent. Alternatively, a Bachelor’s degree plus 5 years of progressive, post degree work experience counts. Note that if you rely on the Bachelor’s plus 5 years, we must prove your experience is "progressive" (meaning increasing responsibility) and strictly post graduation.

2
The "Proposed Endeavor"

This is the foundation of your entire case. You must define specifically what you will do in the U.S. Instead of simply stating you will work as a Data Scientist, your endeavor should be specific, such as developing novel machine learning algorithms to enhance genomic sequencing efficiency. It must be forward looking and distinct from just being a generic employee.

3
Substantial Merit (Prong 1)

You must prove your proposed work has merit in a field like science, technology, or advanced manufacturing. For STEM professionals, this is often demonstrated by showing your work advances scientific knowledge or improves U.S. technological capabilities.

4
Well Positioned: Education & Expertise (Prong 2)

You must prove you are the right person to execute this endeavor. Your advanced degree, particularly a PhD in a STEM field, is a strong starting point. We strengthen this with evidence of specialized technical skills, relevant certifications, and a record of academic or industry achievements that distinguishes you from your peers.

5
Well Positioned: Progress & Traction (Prong 2)

You must prove you are the right person to execute this endeavor. Your advanced degree, particularly a PhD in a STEM field, is a strong starting point. We strengthen this with evidence of specialized technical skills, relevant certifications, and a record of academic or industry achievements that distinguishes you from your peers.

6
Well Positioned: Record of Success (Prong 2)

We look for a track record of innovation relevant to your field of proposed endeavor. You will need specific proof that your past work mattered, such as patents you have filed, papers you have published in peer reviewed journals, or products you built that achieved significant commercial or technical success.

7
National Importance (Prong 1)

You must prove your work has a broader impact beyond just your employer or clients. We leverage specific government frameworks, such as the Critical and Emerging Technologies list published by the White House, to prove your specific area of expertise (like AI, Quantum Computing, or Clean Energy) is a high priority for the United States government.

8
Beneficial to the U.S. to Waive Job Offer (Prong 3)

You must argue why the U.S. benefits from you specifically, without testing the labor market via PERM. We argue that the United States urgently needs your specific technical expertise to maintain global leadership in your STEM field and that a labor certification process would delay these critical contributions.

How STEM Talent Qualifies for the EB-2 NIW

The EB-2 National Interest Waiver (NIW) is an excellent self-petition path for STEM talent, and we have numerous examples of success. 

The key is to demonstrate your "proposed endeavor" (your specialized field) has substantial merit and national importance

We focus on the metrics that prove this: your Advanced Degree (Masters/PhD) in a STEM field, your critical work in areas like AI/ML, HealthTech, FinTech, or cybersecurity, and your potential to advance US technological goals. Working as a senior engineer or scientist at a top-tier tech firm is helpful, but it is not a guarantee. 

The focus must be on your specific, advanced expertise and its broader benefit to the United States. Industry engagement, like publishing papers, presenting at technical conferences (e.g., NeurIPS, KubeCon), or contributing to major open-source projects, is highly valuable. 

How STEM Talent Qualifies for the EB-2 NIW

The EB-2 National Interest Waiver (NIW) is an excellent self-petition path for STEM talent, and we have numerous examples of success. 

The key is to demonstrate your "proposed endeavor" (your specialized field) has substantial merit and national importance

We focus on the metrics that prove this: your Advanced Degree (Masters/PhD) in a STEM field, your critical work in areas like AI/ML, HealthTech, FinTech, or cybersecurity, and your potential to advance US technological goals. Working as a senior engineer or scientist at a top-tier tech firm is helpful, but it is not a guarantee. 

The focus must be on your specific, advanced expertise and its broader benefit to the United States. Industry engagement, like publishing papers, presenting at technical conferences (e.g., NeurIPS, KubeCon), or contributing to major open-source projects, is highly valuable. 

Move with Confidence

More than 90% of our clients run a cross border business with a U.S. entity with team mobility needs.

We pre-vet our attorneys with strong track records, so you don’t have waste months finding a good one.

STEM professionals trust us to translate their specialized expertise into a compelling EB-2 NIW petition.

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Frequently asked questions

How long does the US visa process take with Beyond Border?

We guarantee to complete the petition drafting and submission within 1 month of receiving all supporting documents required to file your long term visa or green card petition. Beyond Border is amongst the fastest legal service provider in the industry, thanks to our tech-enabled approach to petition filing and focus on technologists.

How much does this cost?

The fee will vary depending on the visa or green card type that best suits your need, but you should budget between US$8,000-10,000, excluding government fees and depending on your long term visa or green card category.

You can visit USCIS's free fee calculator to get an estimate for the associated government fees to process your visa.

Who is Beyond Border?

Beyond Border is a modern immigration platform founded by immigrants from the technology industry for immigrants. We leverage technology to speed up the end-to-end U.S. immigration petition process, and work with a carefully curated network of attorneys who specialize in U.S. immigration cases for technologists.

Our attorneys maintain a 98% success rate throughout their careers with more than 4,000 approvals. We work exclusively with venture backed tech operators and researchers, which allow us maintain a high approval rate and provide profile building advice given sector expertise.

What happens if my visa application is rejected?

If your application is rejected, we will review the reasons for denial and help you reapply by addressing any issues or missing documentation.