National Interest Waiver (NIW)

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Physicians from countries subject to the Trump Administration’s immigration benefits pause received sudden but quiet good news on April 30, 2026. USCIS updated its “Strengthened Screening and Vetting” policy alert without any announcement, adding the category of “applications associated with medical physicians” to the list of cases whose adjudication holds may be lifted.

This policy…

  • The United States continues to attract the largest share of international graduate students, particularly in STEM fields, but its dominance may be slipping.
  • Other countries are expanding their post-study work options and streamlining their immigration pathways to compete for the world’s best and brightest.
  • U.S. employers seeking to secure international talent should act early
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Takeaways

  • USCIS issued updated policy guidance on 1/15/25 on how it will evaluate candidates for EB-2 immigrant visas seeking a National Interest Waiver (NIW).
  • USCIS will be more closely scrutinizing a candidate’s qualifications, profession, experience, and support letters.
  • These changes will make it more difficult to obtain NIWs in the future.

The U.S. Citizenship and…

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…

USCIS previously deferred its proposed filing fee increase until early 2024 – and the increase might be coming out very soon! This increase will come on top of the increased premium processing fees that will go into effect on Feb. 26, 2024. The premium processing fee increase is approximately 12%. Some of the proposed general…

As demand for talent surges in the fast-growing life sciences industry, U.S. employers continue to face challenges in their search for immigration options to retain their high-skilled foreign workers. Please see our full publication here.

USCIS has expanded premium processing for F-1 students to pending Employment Authorization Documents (EAD) applications based on Optional Practice Training (OPT) and STEM OPT. On April 3, 2023, the same will be extended to new EAD applications for OPT and STEM OPT. The cost for this premium processing will be $1,500 and the timeframe will…

In a settlement agreement signed on January 19, 2023, USCIS agreed to “bundle” the adjudication of dependent applicants’ Form I-539 (Application to Extend/Change Nonimmigrant Status) and Form I-765 (Application for Employment Authorization) with the primary applicant’s Form I-129 (Petition for Nonimmigrant Worker) if the forms are filed together as one package.

Stemming from a settlement…

The Biden-Harris Administration has taken steps to enhance the ability of U.S. STEM (science, technology, engineering, and math) businesses to hire qualified foreign students and graduates as exchange visitors. Interested STEM businesses could become Host Organizations for J-1 Visa Exchange Visitors.

In a statement released by the White House, STEM talent is identified as “critical…

In March 2022, USCIS published a final rule expanding its premium processing service to include additional immigration petition and application types. This announcement was welcome news to businesses and foreign nationals dealing with extensive delays in the processing of immigration benefits.

On May 24, 2022, USCIS announced that premium processing will begin as of June…