As of October 21, 2026, there is no separate national interest waiver track for AI engineers, semiconductor engineers or other critical-technology workers. The USCIS Policy Manual applies the same three-prong Matter of Dhanasar test to everyone, but it gives specific weight to advanced STEM degree holders working in "critical and emerging technologies," and it names certain areas of artificial intelligence as an example (USCIS Policy Manual, Vol. 6, Part F, Ch. 5).
So an NIW for AI engineers, chip designers or quantum hardware engineers starts from a real advantage, but it is not automatic. What decides the case is still whether your specific endeavor has national importance, whether you are well positioned to advance it, and whether waiving the labor certification benefits the United States (USCIS Policy Manual, Vol. 6, Part F, Ch. 5). This guide covers what the Policy Manual says, which government list to cite in 2026, and where these petitions tend to fall short.
- The USCIS Policy Manual, Volume 6, Part F, Chapter 5, gives specific evidentiary considerations for advanced STEM degree holders working in critical and emerging technologies.
- A Policy Manual footnote names certain critical areas of artificial intelligence or quantum information science as examples of critical and emerging technologies.
- Officers identify a critical and emerging technology field from governmental, academic and other authoritative sources, plus the petitioner's evidence; the chapter cites no fixed list.
- The August 2026 National Security Science and Technology Strategy updates the OSTP list of critical and emerging technologies to 14 areas, including AI and autonomy and semiconductors and microelectronics.
- USCIS treats an advanced STEM degree, work furthering a critical and emerging technology, and being well positioned to advance the endeavor, together, as a strong positive factor under the third Dhanasar prong.
- A degree alone does not show you are well positioned, and benefits to a specific employer alone do not show national importance.
Is there a special NIW for AI engineers or semiconductor engineers?
No. The petitioner must first show the beneficiary qualifies for EB-2, as an advanced degree professional or a person of exceptional ability, before the waiver is considered (USCIS, Policy Alert PA-2025-03). An advanced degree means a U.S. degree above a bachelor's or a foreign equivalent, and a bachelor's followed by at least five years of progressive experience in the specialty counts as the equivalent of a master's (8 CFR 204.5(k)(2)).
What exists is a subsection of the Policy Manual titled "Specific Evidentiary Considerations for Persons with Advanced Degrees in Science, Technology, Engineering, or Mathematics (STEM) Fields" (USCIS Policy Manual, Vol. 6, Part F, Ch. 5). It opens with this:
"USCIS recognizes the importance of progress in STEM fields and the essential role of persons with advanced STEM degrees in fostering this progress, especially in focused critical and emerging technologies or other STEM areas important to U.S. competitiveness or national security." USCIS Policy Manual, Vol. 6, Part F, Ch. 5, Section D.4 (current as of October 2, 2026)
The same subsection says the analysis is the same regardless of endeavor, so these considerations can also apply outside STEM where the petitioner shows they fit (USCIS Policy Manual, Vol. 6, Part F, Ch. 5). For the general STEM and founder guidance, see our post on the NIW guidance written for STEM workers and founders.
What does the Policy Manual say counts as a critical and emerging technology?
The definition sits in a footnote. It says critical and emerging technologies are those critical to U.S. national security, including military defense and the economy (USCIS Policy Manual, Vol. 6, Part F, Ch. 5, footnote 93). It then gives the only named examples in the chapter:
"While those technologies necessarily evolve and USCIS reviews the specifics of each proposed endeavor on a case-by-case basis, examples may include, but are not limited to, certain critical areas of artificial intelligence or quantum information science." USCIS Policy Manual, Vol. 6, Part F, Ch. 5, footnote 93
Note the word "certain." The footnote does not say all AI work qualifies. The same footnote tells officers to review the entire record and, where they have concerns, to work with their supervisors and with fraud, benefit integrity and national security personnel (USCIS Policy Manual, Vol. 6, Part F, Ch. 5, footnote 93).
To identify a critical and emerging technology field, officers consider governmental, academic, and other authoritative and instructive sources, and all other evidence the petitioner submits (USCIS Policy Manual, Vol. 6, Part F, Ch. 5). A STEM area can also count as important to competitiveness or security when the endeavor will help the United States stay ahead of strategic competitors, or relates to a research and development-intensive industry where investment may help the country achieve or keep technology leadership (USCIS Policy Manual, Vol. 6, Part F, Ch. 5). For R&D-intensive industries, the footnote points to Appendix C of an October 2021 Science and Technology Policy Institute report, "Economic Benefits and Losses from Foreign STEM Talent in the United States" (USCIS Policy Manual, Vol. 6, Part F, Ch. 5, footnote 94).
The chapter used to name a specific list. An archived copy from June 2025 cited the National Science and Technology Council's February 2022 Critical and Emerging Technologies List Update as an example (Internet Archive copy of 6 USCIS-PM F.5, June 13, 2025). That reference does not appear in the current chapter (USCIS Policy Manual, Vol. 6, Part F, Ch. 5). The standard is now simply "authoritative" sources, which puts the work of proving a field's status on the petition.
Which critical and emerging technologies list should you cite in 2026?
The most recent federal list was published in August 2026, as Appendix A of the White House's National Security Science and Technology Strategy (White House, National Security Science & Technology Strategy, August 2026). The strategy describes the appendix this way:
"It constitutes an update to the OSTP list of CETs relevant to U.S. national security." White House Office of Science and Technology Policy, National Security Science & Technology Strategy (August 2026), p. 5
Appendix A lists 14 areas: advanced manufacturing and materials; AI and autonomy; biotechnology; communications and networking; directed energy; future computing technologies; hypersonics and advanced missile technologies; information management and cybersecurity; nuclear energy; positioning, navigation, and timing; quantum information technologies; semiconductors and microelectronics; sensing and signature management; and space technologies (NSSTS, Appendix A). The list OSTP released on February 12, 2024 had 18 areas (OSTP, February 12, 2024 release).
The appendix says each area includes subfields that illustrate its scope but are not meant to be comprehensive (NSSTS, Appendix A). For engineers, the subfields are the useful part, because they let a petition tie a specific project to a named area. Some examples from the appendix (NSSTS, Appendix A):
| Appendix A area | Listed subfields (selection) |
|---|---|
| AI and autonomy | Foundation models, including large language, multimodal, and world systems; interpretability and control; adversarial robustness and AI security; distributed and privacy-preserving machine learning |
| Semiconductors and microelectronics | Design automation tools; advanced manufacturing process technologies and equipment; heterogeneous integration and advanced packaging; specialized hardware components for AI; integrated photonics |
| Future computing technologies | Photonic, neuromorphic, and other non-Von Neumann computing modalities; high-performance supercomputing, including for AI applications |
| Quantum information technologies | Quantum computing; quantum sensing; quantum communications and networking |
| Information management and cybersecurity | Computing supply chain security and assurance; post-quantum cryptography |
The same strategy says the United States will strengthen its workforce "by attracting and retaining top-tier global talent in critical national security S&T fields" (NSSTS, p. 16). That is a statement of policy direction, not an immigration rule, and it does not change the NIW test.
How does critical technology work help with each Dhanasar prong?
Prong one: substantial merit and national importance. The Policy Manual says many STEM endeavors in academic or industry settings have both substantial merit and sufficiently broad potential implications to show national importance (USCIS Policy Manual, Vol. 6, Part F, Ch. 5). But it also says benefits to a specific employer alone, even one with a national footprint, are not enough (USCIS Policy Manual, Vol. 6, Part F, Ch. 5). It gives an example that applies directly to engineers in industry:
"As a final example, a software engineer adapting their employer’s code for various clients will have difficulty demonstrating the national importance of that endeavor, absent additional broader impacts supported by specific evidence." USCIS Policy Manual, Vol. 6, Part F, Ch. 5, Section D.3
For a technology built at one company, the Policy Manual suggests evidence of widespread interest in adoption or licensing, a novel and important manufacturing or operational process, or how the technology stands to affect similar technology at other companies (USCIS Policy Manual, Vol. 6, Part F, Ch. 5). It also says an engineer's endeavor should describe the specific projects, goals and area of engineering, not just an engineer's duties (USCIS Policy Manual, Vol. 6, Part F, Ch. 5). Our guide to writing the proposed endeavor statement goes through this in detail, and the NIW for software engineers covers the industry framing.
Prong two: well positioned to advance the endeavor. USCIS considers an advanced degree, particularly a PhD, in a STEM field tied to the endeavor and related to critical and emerging technology work "an especially positive factor" (USCIS Policy Manual, Vol. 6, Part F, Ch. 5). The limit follows immediately:
"A degree in and of itself, however, is not a sufficient basis to determine that a person is well positioned to advance the proposed endeavor." USCIS Policy Manual, Vol. 6, Part F, Ch. 5, Section D.4
The Policy Manual's own example is the case that set the test. In Matter of Dhanasar, the AAO credited the petitioner's significant role in projects funded by grants from NASA and the Air Force Research Laboratories, and found that sustained government interest and funding helped position him to advance his work (USCIS Policy Manual, Vol. 6, Part F, Ch. 5, footnote 96).
Prong three: the balance of factors. USCIS treats this combination as a strong positive factor: an advanced STEM degree, especially a PhD; work furthering a critical and emerging technology or other STEM area important to U.S. competitiveness; and being well positioned to advance the proposed STEM endeavor of national importance (USCIS Policy Manual, Vol. 6, Part F, Ch. 5). It adds:
"The benefit is especially weighty where the endeavor has the potential to support U.S. national security or enhance U.S. economic competitiveness, or when the petition is supported by letters from interested U.S. government agencies as discussed in the next subsection." USCIS Policy Manual, Vol. 6, Part F, Ch. 5, Section D.4
Do you need a PhD or a government agency letter?
Neither is required. Besides the PhD, the Policy Manual recognizes "certain other persons with advanced STEM degrees relating to the proposed endeavor," noting that some master's theses also concentrate on a particular subject (USCIS Policy Manual, Vol. 6, Part F, Ch. 5). Officers then consider whether that specific STEM area relates to the proposed endeavor (USCIS Policy Manual, Vol. 6, Part F, Ch. 5).
On letters, the Policy Manual says that, while not required, letters from interested government agencies or quasi-governmental entities, such as federally funded research and development centers, can be helpful and can be relevant to all three prongs (USCIS Policy Manual, Vol. 6, Part F, Ch. 5). It says such a letter can help on prong one if it shows the agency's expertise and that the endeavor promises to advance a critical and emerging technology, and on prong three by explaining a particular urgency (USCIS Policy Manual, Vol. 6, Part F, Ch. 5).
What this means for you
The CET guidance is a lever, not a category. It helps most when the petition does three things at once: names the critical technology area with an authoritative source, shows that your own work, not just your employer's product, advances it, and documents your track record in that exact area.
- Map your endeavor to a specific Appendix A area and subfield, and cite the August 2026 strategy as the governmental source (NSSTS, Appendix A).
- Describe specific projects and goals, not a job description (USCIS Policy Manual, Vol. 6, Part F, Ch. 5).
- Show impact beyond your employer: adoption, licensing, standards, or influence on other companies' technology (USCIS Policy Manual, Vol. 6, Part F, Ch. 5).
- Connect your degree, thesis or dissertation topic to the endeavor, and back it with achievements, since a degree alone is not enough (USCIS Policy Manual, Vol. 6, Part F, Ch. 5).
- Record any government funding, contracts or national laboratory collaborations, the kind of evidence credited in Dhanasar (USCIS Policy Manual, Vol. 6, Part F, Ch. 5, footnote 96).
- File complete. Under guidance effective August 5, 2026, officers may deny a request that lacks required initial evidence without first issuing a request for evidence (USCIS, Policy Alert PA-2026-05); see what the no-RFE policy means for your petition.
Whether your specific work fits a critical technology area well enough to carry the national importance argument is a judgement your attorney should make with your full record.
Where to start
If you work in AI, semiconductors or another critical technology field, our free evaluation at /evaluate/ checks your record against the NIW prongs and the EB-2 requirements. Frank, our AI assistant at /frank, can help you find real opportunities to build the evidence you are missing. When you are ready to file, petitions are reviewed and filed by our partner law firm, Lai & Turner.
Sources
All checked October 21, 2026.
- USCIS Policy Manual, Volume 6, Part F, Chapter 5, Advanced Degree or Exceptional Ability (current as of October 2, 2026). STEM and critical and emerging technology considerations, footnotes 93, 94 and 96, the three prongs, the software engineer example, and government agency letters.
- Internet Archive copy of 6 USCIS-PM F.5 (captured June 13, 2025). Earlier footnote citing the NSTC February 2022 Critical and Emerging Technologies List Update.
- White House, National Security Science & Technology Strategy (August 2026). Appendix A update to the OSTP critical and emerging technologies list, its 14 areas and subfields, and the talent statement.
- OSTP, White House Office of Science and Technology Policy Releases Updated Critical and Emerging Technologies List (February 12, 2024). The February 2024 list of 18 areas.
- USCIS, Policy Alert PA-2025-03, Second Preference Eligibility for National Interest Waiver Petitions (January 15, 2025). EB-2 eligibility must be shown before the waiver.
- 8 CFR 204.5(k)(2) (2025 edition). Definition of advanced degree and the bachelor's plus five years equivalent.
- USCIS, Policy Alert PA-2026-05, Evidence, Requests for Evidence, and Notices of Intent to Deny (August 5, 2026). Denial without an RFE when required initial evidence is missing.
Frequently asked questions
Do AI engineers qualify for the EB-2 NIW?
AI engineers can qualify, but not because of the job title. The petitioner must first show EB-2 eligibility through an advanced degree or exceptional ability, then meet the three Matter of Dhanasar prongs. The USCIS Policy Manual names certain critical areas of artificial intelligence as an example of a critical and emerging technology, which can add weight under each prong. The petition still has to show that your specific endeavor has national importance beyond your employer.
Is semiconductor engineering a critical and emerging technology for the NIW?
Semiconductors and microelectronics is one of the 14 areas in the critical and emerging technologies list in Appendix A of the August 2026 National Security Science and Technology Strategy. The USCIS Policy Manual does not list semiconductors by name; it tells officers to consider governmental, academic and other authoritative sources. A petition for a chip engineer should tie the specific work, such as advanced packaging or design automation, to a listed subfield.
Do I need a PhD to file an NIW in AI or semiconductors?
No. A master's degree, or a bachelor's degree followed by five years of progressive experience in the specialty, can meet the EB-2 advanced degree requirement. The Policy Manual calls a STEM PhD tied to the endeavor an especially positive factor under the second prong, and it also recognizes certain other advanced STEM degrees. It adds that a degree in and of itself is not enough to show you are well positioned.
Which critical and emerging technologies list does USCIS use?
The current USCIS Policy Manual chapter does not point to one list. It tells officers to consider governmental, academic and other authoritative and instructive sources, plus all evidence the petitioner submits. The most recent federal list is Appendix A of the White House's August 2026 National Security Science and Technology Strategy, which describes itself as an update to the OSTP list of critical and emerging technologies relevant to U.S. national security.
Do I need a letter from a government agency for a CET-based NIW?
No. The USCIS Policy Manual says letters from interested government agencies or quasi-governmental entities, such as federally funded research and development centers, are not required. It calls them helpful evidence that can be relevant to all three prongs, depending on their contents. A detailed letter can explain the agency's expertise, why the endeavor advances a critical technology, how well positioned you are, and any urgency.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
