In recent years, the landscape for high-skilled immigration to the United States has seen significant changes, particularly with the rise in approvals for O-1A visas and National Interest Waivers (NIW). This rise follows the Biden Administration’s 2022 favorable guidance aimed at welcoming high-skilled science, technology, engineering, and mathematics (STEM) talent and reversing the previous administration’s more restrictive stance.
O-1A Visas: Path for Extraordinary Talent
The O-1A visa category is designed for individuals with extraordinary abilities in fields such as science, education, business, or athletics. Unlike the H-1B visa, there is no annual limit on O-1A visas, making the O-1A visa a more accessible option for eligible individuals than the H-1B lottery. The Biden Administration’s January 2022 guidance clarified the eligibility criteria for O-1A visas, particularly for those in STEM fields. It also provided examples of evidence that could satisfy the O-1A criteria and emphasized the technical fields.
Since the new guidance, there has been an increase in O-1A visa applications and approvals. From FY 2021 to FY 2022, applications rose from 8,010 to 9,720 and the approval rate increased from 91% to 94%. This upward trend continued into FY 2023, with applications reaching 10,010 and a slightly lower approval rate of 92%.
National Interest Waivers: Streamlining Green Card Process
National Interest Waivers allow individuals to bypass the labor certification process when applying for an employment-based green card. This waiver is granted if the individual’s work is deemed to have substantial merit and national importance. The January 2022 guidance expanded the eligibility for NIWs, particularly for those in STEM fields.
The impact of this guidance is also evident in the data. From FY 2021 to FY 2022, NIW requests increased from 11,210 to 21,230 and the approval rate rose from 86% to 90%. From FY 2022 to FY 2023, requests surged to 39,840 and the approval rate dropped to 80%.
The Biden Administration’s immigration guidance has impacted the approval rates for O-1A visas and NIWs, making it easier for high-skilled professionals to contribute to the U.S. economy. Both visas offer foreign nationals a path to long-term tenure in the United States without having to rely on the H-1B lottery. In recent months, USCIS has begun issuing more Requests for Evidence on these two types of visa applications. As the landscape continues to evolve, it will be crucial for applicants and employers to stay informed about the latest developments.
Jackson Lewis attorneys are available to assist in strategizing and filing petitions for highly skilled individuals.
