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ARTICLE · 19 MARCH 2024

The National Interest Waiver Process: Advantages For STEM Degree Holders

Garfinkel Immigration Law Firm
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Last year, the Biden administration introduced new guidance related to National Interest Waivers (NIW) which our firm has already seen have a significant positive impact for eligible foreign nationals.

United StatesImmigration
Meredith W. Barnette
Meredith W. Barnette
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Last year, the Biden administration introduced new guidance related to National Interest Waivers (NIW) which our firm has already seen have a significant positive impact for eligible foreign nationals.

Specifically, the new policy memo clarified and provided further guidance about NIW eligibility for advanced science, technology, engineering and math (STEM) degree holders. The new guidance, published in Volume 6, Part F, Chapter 5 of the United States Citizenship and Immigration Services (USCIS) Policy Manual in January 2022, significantly affects qualified foreign nationals, and Garfinkel Immigration Law Firm expects there to be more possible positive impacts in the future.

Generally, foreign nationals who have an "exceptional ability" or hold an advanced degree (or its equivalent), can receive an NIW and apply for permanent residency in the United States via the employment-based second preference (EB-2) category. NIWs are available for foreign nationals whose

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