Visa—Dec 21, 2024

EB-2 NIW Adjudication Trends: Identification of Favorable Industries and Occupations

EasyEB2.com
ByEasyEB2.com
EB-2 NIW Expert

General Trends The EB-2 National Interest Waiver (NIW) process has experienced noticeable shifts in approval rates, influenced by increased scrutiny and changing U.S. labor market demands. In Fiscal Year 2023, the approval rate stood at 80%, but dropped to an unprecedented low of 68% by Q3 of Fiscal Year 2024 <a href="https://eb2niw.info/2024/01/24/eb2-niw-approval-rates-are-going-down/" target="_blank" class="text-blue-600 no-underline hover:underline">[3]</a><a href="https://eb2niw.info/2024/09/02/fiscal-year-2024-quarter-3-approval-data/" target="_blank" class="text-blue-600 no-underline hover:underline">[4]</a>. This overall decline points to heightened scrutiny due to a surge in applications, especially in STEM fields, which have shown increased denial rates <a href="https://ifp.org/bolstering-stem-talent-with-the-national-interest-waiver/" target="_blank" class="text-blue-600 no-underline hover:underline">[2]</a>.

Industry-Specific Insights

  • STEM Fields: While these sectors remain prominent applicants within the NIW category, there is a high rate of denial for STEM-related submissions, with 90% of STEM EB-2 denials occurring in Fiscal Year 2023 [2]. This suggests that despite the demand for STEM expertise, meeting the NIW's stringent criteria has become more challenging.
  • Healthcare and Biotechnology: Although specific approval rates by industry are not provided, applicants in healthcare and biotechnology are hypothesized to experience variable success. These industries often involve cutting-edge research that can be justified under the "National Importance and Substantial Merit" criteria. However, the increased evidentiary demands require detailed proof of contributions.

Geographic Distribution and Occupations

  • Preferred Locations: Successful applicants are likely concentrated in cities with robust research and technological sectors. Key areas include San Francisco, Boston, and New York City, known for their dominant STEM and healthcare industries [2][5].
  • Prominent Occupations: Occupation clusters that typically succeed include biomedical researchers, AI specialists, public health professionals, and engineers in fields vital to national infrastructure and security [2][5].

Policy Impacts

  • Past Policy Influence: Policies during the first Trump administration intensified the demand for evidence illustrating the national significance of the applicant's work — causing a rise in denials. These effects linger, impacting current adjudication standards, although non-Trump era practices are slowly re-emerging [4].

Conclusion The EB-2 NIW process demonstrates increasingly rigorous standards, particularly in high-demand fields such as STEM. Successful applications are likely influenced by the ability to provide strong evidence of national contribution, adherence to new adjudicative criteria, and strategic location choices reflecting industry strength. As such, aspirants are advised to present detailed, compelling cases for their contributions to U.S. interests within prominent occupation and geographical clusters.

Citations 1. https://legalservicesincorporated.com/immigration/national-interest-waiver/success-rates-for-niw-petitions-why-applications-are-facing-greater-scrutiny/ 2. https://ifp.org/bolstering-stem-talent-with-the-national-interest-waiver/ 3. https://eb2niw.info/2024/01/24/eb2-niw-approval-rates-are-going-down/ 4. https://eb2niw.info/2024/09/02/fiscal-year-2024-quarter-3-approval-data/ 5. https://www.zavalatexaslaw.com/top-professions-and-fields-eligible-for-the-eb2-national-interest-waiver/