In January 2022, U.S. Citizenship and Immigration Services (USCIS) updated its policy guidance to clarify how certain professionals in the science, technology, engineering, and mathematics (STEM) fields can demonstrate eligibility for (a) the National Interest Waiver (NIW) in an employment-based immigrant category (EB-2), and (b) nonimmigrant status for individuals of extraordinary ability (O-1A). This article highlights data trends in these categories during Fiscal Year (FY) 2022 and FY 2023, compared to fiscal years prior to the policy guidance change.
Increase in EB-2 Petitions and NIW Usage
Since the policy update, there has been a significant increase in the number of EB-2 petition receipts. From FY 2021 to FY 2022, total Form I-140 receipts with and without waivers (combined) increased by 20%, from 70,600 to 84,470. Receipts continued to increase by another 10% from FY 2022 to FY 2023. Approvals increased by 60%, from 57,810 in FY 2021 to 92,280 in FY 2022, but decreased by about 12%, from 92,280 in FY 2022 to 81,380 in FY 2023. The approval rate remained at or above 90% during FY 2018 – FY 2023.
Decline in STEM Petitions and Growth in Non-STEM Categories
Total receipts in STEM job categories decreased by nearly 13%, from 61,790 in FY 2022 to 53,960 in FY 2023. In contrast, receipts in non-STEM job categories increased by 28% during this period.
Growth in NIW Usage
While petitions without NIWs remained the majority of I-140 receipts, the percentage of receipts with NIWs continued to grow. From FY 2021 to FY 2022, it increased from 21% to 26%, and from 26% in FY 2022 to 43% in FY 2023. The number of petitions with NIWs nearly doubled, from 21,990 in FY 2022 to 39,810 in FY 2023, while the number of petitions without NIWs fell from 62,490 to 53,200.
O-1A Petition Trends
From FY 2021 to FY 2022, total Form I-129 receipts for O-1A petitioners increased 29%, from 7,710 to 9,970. They continued to increase slightly from 9,970 in FY 2022 to 10,010 in FY 2023. Approvals followed a similar trend, increasing 25% from FY 2021 to FY 2022, from 7,320 to 9,120, and continued to increase slightly from 9,120 in FY 2022 to 9,490 in FY 2023. The approval rate remained stable at 90% or higher during FY 2018 – FY 2023.
STEM-Related and Other O-1A Petition Approvals
From FY 2021 to FY 2022, total approvals of STEM-related Form I-129 O-1A petitions increased 33%, from 3,550 to 4,570. From FY 2022 to FY 2023, approvals remained nearly the same, from 4,570 to 4,560. Non-STEM petition approvals followed a similar trend, increasing 21% from 3,410 in FY 2021 to 4,140 in FY 2022, and increasing slightly from 4,140 in FY 2022 to 4,380 in FY 2023.
USCIS’s January 2022 policy updates and subsequent trends in STEM and O-1A petitions highlight a growing recognition of the significant contributions these professionals make to the United States. With the increased use of NIWs and a steady number of approved petitions, especially in STEM-related fields, it is clear that there is a continued and growing appreciation for these exceptional skills in the U.S. labor market.
Source: www.aila.org/aila-files/EFEFDAB0-045A-4BD5-834C-2395C273195A/24080601.pdf?1722955108
