New Policies to Attract and Retain More Talent in STEM Fields

The White House has announced a series of new initiatives to attract and maintain STEM talent in the United States. 

Specifically, the Department of Homeland Security (“DHS”) added 22 more fields of study for STEM OPT eligibility and updated its instructions for the adjudication of O-1 visas and National Interest Waivers.  The Department of State (“DOS”) created the Early Career STEM Research Initiative and implemented extensions for J-1 students in the STEM fields.

Expanding STEM OPT Eligibility

STEM Optional Practical Training (“OPT”) allows international students with degrees in STEM fields to work in the United States for an additional 24 months.  DHS has added the following 22 fields of study to the list of studies eligible for STEM OPT extensions: 

• Anthrozoology 

• Bioenergy

• Business Analytics

• Climate Science

• Cloud Computing 

• Data Analytics (General)

• Data Analytics (Other)

• Data Science (General)

• Data Visualization

• Earth Systems Science

• Economics and Computer Science

• Environmental Geosciences

• Financial Analytics

• Forest Resources Production and Management 

• Forestry (General) 

• Geobiology

• Geography and Environmental Studies

• Human-Centered Technology Design 

• Industrial and Organizational Psychology

• Mathematical Economics

• Mathematics and Atmospheric/Oceanic Science

• Social Sciences (Research Methodology and Quantitative Methods). 

One major shortcoming here is the absence of nursing from the additional STEM fields despite the shortage of nurses in the United States. More information regarding this expansion can be found here.

Clarifying Evidence for Extraordinary Ability and National Interest Waivers

USCIS also updated the types of evidence it will accept for petitions on behalf of individuals of extraordinary ability (O-1) with a focus on persons working in STEM fields, noting that STEM fields are highly technical and complex.   In reviewing the updates to the Policy Manual, it looks like the agency is basically formalizing a lot of its current practices, although it’s encouraging that the agency admits how complex the work in STEM fields is. 

Similarly, USCIS updated its guidance to emphasize that the National Interest Waiver (NIW) can be used by STEM graduates and entrepreneurs for purposes of obtaining permanent residence.  It also emphasized that supporting letters from governmental and quasi-governmental entities would carry more weight. 

Extending J-1 Status for STEM Fields

Parallel to the initiatives by the DHS, the Department of State announced that J-1 students who are pursuing or have recently completed STEM-related studies can apply for an academic training extension of up to 36 months. The extension applies to 2021-22 and 2022-23 academic years.  The Department also launched the Early Career STEM Research Initiative to increase the number of STEM-focused educational and cultural exchanges. 

While the White House is instructing its agencies to implement policies that will attract and retain talent in the STEM fields, it remains to be seen whether there will be any noticeable difference in the adjudication of the O-1 and NIW petitions.  That said, the addition of 22 new qualifying fields of study for STEM OPT extensions is a fantastic step in the right direction, allowing these international students to apply all they have learned at US universities for up to three years instead of just 12 months. 

This alert is for informational purposes only. Please contact me if you would like to discuss this development further.