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Employment Immigration

NIW for STEM and AI Researchers: What USCIS Looks At

By Growth FLPC

By Kyle Farmer, Farmer Law PC, Austin, Texas.

Last reviewed: November 9, 2026.

Short answer: The USCIS Policy Manual gives specific guidance for national interest waiver petitions in science, technology, engineering and math. An advanced STEM degree, especially a Ph.D., tied to the proposed endeavor and to a critical and emerging technology such as certain areas of artificial intelligence is an especially positive factor. Letters from interested U.S. government agencies can help. But a degree alone is not enough, and the petition must still meet all three Matter of Dhanasar prongs.

If you’re a researcher, engineer or founder in a STEM field weighing the NIW, book a free 15-minute intro call.

First, you must qualify for EB-2

The NIW is a waiver inside the EB-2 category. Since the January 15, 2025 update (USCIS Policy Alert PA-2025-03), the Policy Manual states that a petitioner must first show EB-2 eligibility, as an advanced degree professional or a person of exceptional ability, before USCIS reaches the waiver (USCIS Policy Manual Vol. 6, Part F, Ch. 5). An advanced degree is a degree above a bachelor’s, or a bachelor’s followed by at least 5 years of progressive experience in the specialty (8 CFR 204.5(k)(2)).

The petition must also describe your occupation and your proposed endeavor clearly. The endeavor is more specific than the occupation. In Dhanasar, the occupation was engineer, and the endeavor was research and development on air and space propulsion systems.

How the three prongs apply to STEM work

The NIW test comes from Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). The Policy Manual’s STEM guidance applies it like this (USCIS Policy Manual Vol. 6, Part F, Ch. 5, Section D.4):

Prong What USCIS says about STEM endeavors
1. Substantial merit and national importance Many endeavors that aim to advance STEM technologies and research, in academia or industry, have broad enough potential implications to show national importance. Classroom teaching alone generally does not.
2. Well positioned to advance the endeavor An advanced STEM degree, particularly a Ph.D., tied to the endeavor and to a critical and emerging technology or another STEM area important to U.S. competitiveness or national security, is an especially positive factor. A degree by itself is not sufficient.
3. On balance, the waiver benefits the United States A strong positive factor is the combination of an advanced STEM degree (especially a Ph.D.), work furthering a critical and emerging technology or other important STEM area, and being well positioned to advance an endeavor of national importance.

The Policy Manual says the analysis is the same for every endeavor, so these considerations may also apply outside STEM when the petitioner shows they fit.

What counts as STEM, and what is a critical and emerging technology?

The NIW regulations do not define STEM. The Policy Manual says officers may refer to the STEM definition used for student optional practical training at 8 CFR 214.2(f)(10)(ii)(C)(2)(i) (footnote 92).

Critical and emerging technologies are those critical to U.S. national security, including military defense and the economy. The Policy Manual names certain critical areas of artificial intelligence and quantum information science as examples, and says the list evolves (footnote 93). To identify these fields, officers consider governmental, academic and other authoritative sources, plus the petitioner’s evidence.

An AI endeavor still has to be specific. “Working in machine learning” describes an occupation. A clear endeavor describes the problem, the methods, the setting (a lab, a company or your own startup) and the potential impact.

Evidence that can show you are well positioned

The Policy Manual’s non-exhaustive list for the second prong includes (USCIS Policy Manual Vol. 6, Part F, Ch. 5, Section D.3):

  • Degrees, certificates or licenses in the field
  • Patents developed by you
  • Published articles or media reports about your achievements or current work
  • A strong citation history, or published discussion or adoption of your work
  • Evidence that your work has influenced the field
  • A plan describing how you will continue the work in the United States
  • Correspondence from potential customers, users, investors or other relevant parties
  • Investment from U.S. investors, such as venture capital firms, angel investors or start-up accelerators
  • Awards, grants or other support, including non-monetary support such as no-cost use of facilities, from federal, state or local government entities that work in economic development, research and development, or job creation
  • Evidence of how others use your work, such as contracts for products you helped develop or licenses for your innovations

The list is not a checklist. No single item is required or enough on its own. USCIS also says you can be well positioned even if you cannot show the endeavor is more likely than not to succeed, but unsupported claims do not meet the burden of proof.

Letters from interested government agencies

Letters from interested U.S. government agencies or quasi-governmental entities, such as federally funded research and development centers, are not required. The Policy Manual says they can be helpful and, depending on their content, relevant to all three prongs (Section D.5):

  • Prong 1: a letter may show that the agency has deep knowledge of the proposed endeavor and that the endeavor promises to advance a critical and emerging technology or is otherwise important to U.S. technological leadership.
  • Prong 2: a detailed letter may explain how well positioned you are.
  • Prong 3: a letter may explain a particular urgency, or how the United States would benefit from your work even if other U.S. workers are available.

In Dhanasar, the AAO weighed the petitioner’s role in projects funded by NASA and the Air Force Research Laboratory, along with detailed letters describing government interest in his research.

Common gaps in STEM NIW petitions

  • Relying on the degree alone. The Policy Manual says a degree in and of itself is not a sufficient basis for the second prong.
  • A vague endeavor. Listing job duties instead of the specific research or product goal makes national importance hard to evaluate.
  • Letters without support. Letters carry more weight when the writers have first-hand knowledge, give specific examples and are backed by independent evidence.
  • Teaching-only plans. Classroom STEM teaching, by itself, generally does not show national importance.

If your record is very strong, you may also compare EB-1A, which has a higher standard; see our EB-1A vs. EB-2 NIW comparison.

How Farmer Law PC helps

Our attorneys prepare NIW petitions for researchers, engineers and founders in STEM fields. We help define the proposed endeavor, map your record to each Dhanasar prong, and organize letters and independent evidence. Our EB-2 NIW page covers the basics.

FAQ

Does a STEM Ph.D. qualify me for an NIW?
Not by itself. USCIS treats a STEM Ph.D. tied to the endeavor and to an important technology area as an especially positive factor, but a degree alone is not enough, and all three Dhanasar prongs must be met.

Is artificial intelligence a critical and emerging technology for the NIW?
The Policy Manual lists certain critical areas of artificial intelligence and quantum information science as examples. USCIS reviews each endeavor case by case, and the list of technologies evolves.

Do I need a letter from a government agency for a STEM NIW?
No. Letters from interested U.S. government agencies or quasi-governmental entities are not required, but they can be helpful evidence for all three prongs depending on what they say.

Can a STEM teacher get an NIW?
Classroom teaching alone generally does not show national importance under the first prong. An endeavor with broader impact on STEM education or the field may be viewed differently.

Does a STEM NIW need a job offer?
No. The NIW waives the job offer and labor certification, so you can file for yourself. A job offer or talks with employers can still help show how you will carry out the endeavor.

Talk with us

If you’re weighing an NIW for STEM or AI work, book a free 15-minute intro call with one of our attorneys, or call (512) 588-5909.