On top of the general three-prong analysis, the Policy Manual carries sections written specifically for advanced STEM degrees and for entrepreneurs. They name a combination of facts USCIS treats as a strong positive factor, and they reject several common founder arguments by name.
- The analysis is the same regardless of endeavour; these are considerations, not a separate test
- An advanced STEM degree is an especially positive factor under prong two
- A degree alone is not sufficient to show you are well positioned
- A named combination of three facts is a strong positive factor under prong three
- Several founder arguments are rejected by name
If you have not read the underlying framework, start with the NIW three prongs. This piece covers what sits on top of it.
It is not a separate track
Worth establishing first, because the section headings suggest otherwise:
"There are specific evidentiary considerations relating to STEM degrees and fields, although the analysis is the same regardless of endeavor, so these considerations may apply in non-STEM endeavors where the petitioner demonstrates that such considerations are applicable." USCIS Policy Manual, Volume 6, Part F, Chapter 5
So the three prongs do not change. What changes is the evidence that speaks to them, and a non-STEM petitioner who can show a consideration applies may rely on it.
Critical and emerging technology
The phrase recurs throughout, so it is worth knowing how it is established. To identify such a field, "officers consider governmental, academic, and other authoritative and instructive sources, and all other evidence submitted by the petitioner."
Beyond that, USCIS describes when a STEM area may be important to competitiveness or security: where the evidence shows an endeavour "will help the United States to remain ahead of strategic competitors or current and potential adversaries", or relates to a field, including research and development-intensive industries, where investment "may contribute to the United States achieving or maintaining technology leadership or peer status among allies and partners."
That is broader than a fixed list, and it puts the burden on the petitioner to establish the field's standing with sources.
Prong one for STEM
Encouraging, with one sharp exception:
"Many proposed endeavors that aim to advance STEM technologies and research, whether in academic or industry settings, not only have substantial merit in relation to U.S. science and technology interests, but also have sufficiently broad potential implications to demonstrate national importance." USCIS Policy Manual, Volume 6, Part F, Chapter 5
The exception is teaching:
"On the other hand, while proposed classroom teaching activities in STEM, for example, may have substantial merit in relation to U.S. educational interests, such activities, by themselves, generally are not indicative of an impact in the field of STEM education more broadly, and therefore generally would not establish their national importance." USCIS Policy Manual, Volume 6, Part F, Chapter 5
Prong two, and the limit of a degree
USCIS treats an advanced STEM degree "particularly a Doctor of Philosophy (Ph.D.), in a STEM field tied to the proposed endeavor and related to work furthering a critical and emerging technology or other STEM area important to U.S. competitiveness or national security, an especially positive factor to be considered along with other evidence" under prong two.
Note the conditions stacked into that sentence: the degree has to be tied to the endeavour, and the endeavour to a critical or important area. A PhD unconnected to what you propose to do carries less.
The guidance explains why the degree matters at all: doctoral dissertations and some master's theses "concentrate on a particularized subject matter", giving scientific knowledge in a narrow area, and officers "should then consider whether that specific STEM area relates to the proposed endeavor." Theoretical fields are expressly not excluded, since even theoretical mathematics or physics "may further U.S. competitiveness or national security as described in the proposed endeavor."
And then the limit, which is the sentence to read if you are relying on credentials:
"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, Volume 6, Part F, Chapter 5
The strong positive factor
Under prong three, USCIS names a specific combination:
"The person possesses an advanced STEM degree, especially a Ph.D.; The person will be engaged in work furthering a critical and emerging technology or other STEM area important to U.S. competitiveness; and The person is well positioned to advance the proposed STEM endeavor of national importance." USCIS Policy Manual, Volume 6, Part F, Chapter 5
All three together, described as "a strong positive factor". The guidance adds that 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."
On those letters: they are "not required", but "can be helpful evidence and, depending on the contents of the letters, can be relevant to all three prongs." The guidance walks through how such a letter can speak to each prong, which is a useful template if you are in a position to request one.
Entrepreneurs: what does not work
This section is unusually direct, and reading it as a list of rejected arguments is the fastest way to use it.
"Not every entrepreneur qualifies for a national interest waiver. While USCIS decides each case on its merits, broad assertions regarding general benefits to the economy and potential to create jobs will not establish an entrepreneur's qualification for a national interest waiver." USCIS Policy Manual, Volume 6, Part F, Chapter 5
The named failures:
- Prong one, by occupation adjacency. "An entrepreneur cannot demonstrate national importance under the first prong solely by opening a consulting firm for those working or seeking to work in a nationally important occupation." Serving an important field is not the same as the endeavour being important.
- Prong one, by industry importance. Evidence about "the importance of the relevant industry overall, such as the car dealership industry, will not demonstrate that a person seeking to start a car dealership satisfies the national importance prong."
- Prong two, by general experience. The worked example is someone whose banking experience "is limited to working as a teller or accounts manager", proposing to start a consultancy advising U.S. banks nationally on customer relations. General work experience in a field may not show you are well positioned to advise that field.
Entrepreneurs: what does
The positive description is equally specific:
"Strong petitions would discuss how the person's record of success would translate to a proposed plan or forecast for continued success, and steps they have taken toward those proposed activities, and plans that tie into the person's background and expertise." USCIS Policy Manual, Volume 6, Part F, Chapter 5
And what a persuasive file contains: "clear details such as whether the person has met certain achievements toward the endeavor that may have generated interest from potential customers, users, investors, or other relevant entities or individuals." Beyond that, USCIS "would also welcome probative evidence to support how the person has anticipated relevant metrics such as market size and share, job creation, and revenue growth."
- A specific endeavour, not an industry or an occupation
- Traction that predates the filing: customers, users, investors, pilots, letters of intent
- The line from your record to the plan, so the forecast rests on what you have already done
- Steps already taken toward the proposed activities
- Reasoned projections for market size and share, job creation, and revenue, with the reasoning shown
- Evidence about the field's national importance from governmental, academic, or other authoritative sources
Profile building for founders covers the parallel question on the EB-1A side, where the argument is about acclaim already earned rather than an endeavour proposed.
Sources
All accessed 24 August 2026.
- USCIS Policy Manual, Volume 6, Part F, Chapter 5. The STEM, interested government agency, and entrepreneur sections, source of every quotation above.
- Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), the three-prong framework these considerations sit on top of.
- 8 CFR 204.5(k), eCFR. The EB-2 classification.
- USCIS, Employment-Based Immigration: Second Preference EB-2.
We publish no list of critical and emerging technologies here. The guidance directs officers to governmental, academic, and other authoritative sources together with the petitioner's evidence, and such lists are revised.
This article describes the guidance in general terms. It is not a substitute for advice from your attorney about your own case.
Frequently asked questions
Does a PhD guarantee a national interest waiver?
No. USCIS calls an advanced STEM degree an especially positive factor under the second prong, but states that a degree in and of itself is not a sufficient basis to determine that a person is well positioned to advance the endeavour.
What is the strong positive factor for STEM?
A combination: the person holds an advanced STEM degree, especially a PhD; will work furthering a critical and emerging technology or other STEM area important to U.S. competitiveness; and is well positioned to advance that endeavour of national importance.
Do you need a government agency letter?
No. The guidance says such letters are not required, while noting they can be helpful evidence relevant to all three prongs depending on their contents.
Why do entrepreneurs get refused on national importance?
USCIS says broad assertions about general economic benefit and job creation will not establish qualification, and gives examples it rejects, such as opening a consulting firm or starting a car dealership.
Does this guidance only apply to STEM?
No. USCIS states the analysis is the same regardless of endeavour, and that these considerations may apply in non-STEM endeavours where the petitioner demonstrates they are applicable.
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.