USCIS has Published Guides to Attract International Talent in STEM

The U.S. Citizenship and Immigration Services (USCIS) has released a number of new recommendations to attract STEM (Science Technology Engineering Mathematics) professionals to the United States. The papers outline nonimmigrant and immigrant visa alternatives for foreign nationals wishing to work in STEM professions in the United States.

 

New STEM Guides

 

1st Publication

The first publication (Options for Noncitizen STEM Professionals to Work in the United States) outlines the most likely nonimmigrant visa categories for STEM employees, such as H1B, O1A, L-1, TN, and F-1 OPT. In addition to providing an overview of each of these areas, the paper addresses other frequently asked questions.

The United States has long been a destination for the world’s greatest talent. Our ability to attract global talent, particularly in the fields of science, technology, engineering, and mathematics (STEM), has resulted in the creation of jobs, new industries, and new opportunities for all Americans.

This online resource gives an overview of temporary and permanent STEM employment pathways for noncitizens in the United States. This guide also outlines some of the most crucial concerns for STEM professionals considering employment in the United States. The subsequent sections elaborate on these paths.

Uscis.gov provides more details on how to apply for temporary and permanent visas, as well as for optional practical training for students. In addition, a general guide to employment in the United States is available at uscis.gov’s Working in the United States section.

 

2nd Publication

The second guide (Immigrant Pathways for STEM Employment in the United States) has a similar format, but focuses on immigrant visa choices such as EB1, EB1, and EB3. Again, an overview of each category and answers to several frequently asked questions are provided.

Permanent employment opportunities in the United States are made available through immigrant routes. They provide legal permanent residence (the Green Card), which can lead to U.S. citizenship in the future.

The process to become a lawful permanent resident consists of two or three steps, depending on the classification of employment-based immigrant visa sought. The first step for the majority of petitioners (usually employers) filing EB-2 and EB-3 petitions is to file with the Department of Labor an Application for Permanent Employment Certification (ETA Form 9089 (PDF)), also known as a labour certification (DOL). An approved application for permanent labour certification demonstrates:

• The petitioner examined the labour market in the geographic region where the permanent employment offer is located to demonstrate that there are no able, qualified, and available U.S. employees willing to accept the permanent job offer; and

• The beneficiary’s employment will not have a negative impact on the pay and working conditions of similarly employed U.S. workers.

 

Labour  Certification

The petitioner submits a certified labour certification along with an immigrant visa petition to USCIS after DOL certification. In all cases, the process requires filing an immigrant petition with USCIS and either an adjustment application with USCIS (if you are already in the United States) or an immigrant visa application with the Department of State (DOS) (if you are outside the United States or not pursuing adjustment of status).

A petition for an immigrant visa that has been authorised ensures your priority date, which determines the order of immigrant visa availability. When an immigrant visa is immediately available, you may only submit an adjustment application or visa request through a consulate. If an immigrant visa is immediately available when you or your employer files the petition with USCIS, you may submit your adjustment application simultaneously. You may submit a work authorization application concurrently with your adjustment of status application and while your adjustment of status application is underway.

The availability of an immigrant visa will depend on the employment-based classification being sought (typically, the higher preferences have greater availability) and the immigrant’s country of chargeability (usually the country of birth).

EB-1 immigration visas are typically instantly accessible to any applicant who qualifies, regardless of country of origin. For EB-2 and EB-3 immigrant visas, however, China and India typically have to wait in line.

The Visa Availability and Priority Dates and Consular Processing page on the USCIS website gives information about the DOS Visa Bulletin procedure and explains how the DOS allocates immigrant visas and consular processing in general.

 

3rd Publication

The third publication discusses both nonimmigrant and immigrant visa possibilities in less detail than the previous two publications. In addition, it has a chart detailing each of the aforementioned nonimmigrant visa categories, as well as a second chart detailing each of the associated immigrant visa categories. The nonimmigrant chart provides the requisite education, experience, or abilities for each nonimmigrant category, as well as if an offer of employment is required and the validity period. The immigrant visa chart details the requisite education, experience, or abilities for each visa category, as well as if a work offer and/or labour certification is necessary.

 

Nonimmigrant (Temporary) Pathways

Visa	Required education, experience, or skills	Job offer required?	Duration of validity
F-1 OPT Post-Completion Optional Practical Training (OPT) and 24-Month STEM OPT Extension for F-1 Students	Student in F-1 status who has earned a Bachelor’s, Master’s, or Ph.D. in a STEM field from a U.S. college or university.	Job offer not required for initial 12-month OPT, but required for 24-month STEM OPT extension.	>Up to 12 months post-completion OPT + 24-month STEM OPT extension (36 months total).
H-1B Specialty occupation	>Must hold a U.S. bachelor’s or higher degree (or a foreign equivalent degree) required by the occupation, or an equivalent combination of education and experience.	Job offer must require the theoretical and practical application of a body of highly specialized knowledge; and the attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.	3-year initial approval + one 3-year extension. Additional extensions may be available for individuals who are in the process of obtaining lawful permanent resident status. Due to an annual statutory cap, there is typically a random selection process to determine which petitions are eligible to be filed for an initial H-1B period (unless exempt from the cap). H-1B extension petitions are not subject to the cap.
O-1 Extraordinary ability	Sustained national or international acclaim in a specific field.	Job offer must demonstrate that you are coming to work in your area of extraordinary ability.	Up to 3-year initial approval + 1-year extensions, with no maximum duration of status and no annual numerical limit.
L-1A Intracompany transfer of a manager or executive of a multinational firm	One continuous year of employment abroad for a parent, branch, affiliate, or subsidiary of the U.S. petitioning company. The employment abroad must have been in a specialized knowledge, managerial or executive capacity.	Job offer must be in a managerial or executive capacity.	3-year initial approval + 2-year extensions up to a total of 7 years.
L-1B Intracompany transfer of a specialized knowledge worker of a multinational firm	One continuous year of employment abroad for a parent, branch, affiliate, or subsidiary of the U.S. petitioning company. Employment abroad must have been in a managerial, executive, or specialized knowledge capacity.	Job offer must be in a specialized knowledge capacity.	3-year initial approval + a 2‑year extension for a total of 5 years.
TN NAFTA/USMCA Professional (limited to Mexican and Canadian nationals)	License and/or education/degree and/or experience to engage in a business activity as a NAFTA/USMCA professional.	Job offer must be for a position that requires a NAFTA professional.	3-year initial approval + unlimited 3-year extensions.

 

 

Immigrant (Permanent) Pathways

Pathway (i.e., employment-based immigrant visa classification)	Required education, experience, or skills	Job offer and/or labor certification required?
EB-1A Employment-Based First Preference – Extraordinary ability	Sustained national or international acclaim in a specific field.	No job offer or labor certification required, but individuals must show how they will work in their area of extraordinary ability in the United States.
EB-1B Employment-Based First Preference – Outstanding professors and researchers	International recognition as outstanding in a specific academic area.	Job offer required. No labor certification required.
EB-1C Employment-Based First Preference – Multinational executives and managers	One year of employment abroad with a parent, branch, affiliate, or subsidiary of the U.S. petitioning company in a primarily managerial or executive capacity.	Job offer must be for employment in a primarily managerial or executive capacity with a qualifying U.S. employer that has been doing business for at least one year. No labor certification required.
EB-2 (without national interest waiver) Employment-Based Second Preference – Exceptional ability or advanced degree professional	Exceptional ability: a level of expertise significantly above that ordinarily encountered. Advanced degree professional: the job requires, and you possess, a degree above a bachelor’s (or a bachelor’s followed by at least five years of progressive experience).	Job offer required. Labor certification generally required.
EB-2 with National Interest Waiver (NIW) Employment-Based Second Preference – Exceptional ability or advanced degree professional with national interest waiver of job offer and, thus, the labor certification	Exceptional ability or advanced degree as described above plus: The proposed endeavor has both substantial merit and national importance. You are well positioned to advance the proposed endeavor. On balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.	No job offer required. No labor certification required.
EB-3 Employment-Based Third Preference – Skilled workers, professionals, or other workers	Skilled worker: the job requires, and you possess, a minimum of 2 years’ training or experience. Professional: the job requires, and you possess, at least a U.S. bachelor’s degree (or a foreign equivalent degree). Other worker: you are capable of performing a job requiring less than 2 years’ training or experience.	Job offer required. Labor certification generally required.

 

You can consult us to evaluate the best classification for you!

 

Conclusion

These charts should be a useful resource for international STEM professionals seeking employment possibilities in the United States. It should be noted, however, that the charts do not include every option available to a foreign national STEM worker who wishes to reside and work in the United States. Foreign nationals seeking employment opportunities in the United States are urged to schedule a consultation with our seasoned attorneys!