The United States is experiencing a renewed push for energy independence, with a major policy shift prioritizing oil and gas expansion. Under President Donald Trump’s energy policies, which emphasize increased fossil fuel production and a revamped energy infrastructure, certain professionals may now have a stronger case for self-sponsored immigration under EB-2 National Interest Waiver (NIW).
The EB-2 NIW allows individuals with exceptional abilities or advanced degrees to bypass the labor certification process if their work benefits the United States. This is an attractive immigration pathway for professionals with advanced degrees or exceptional abilities to contribute meaningfully to the United States in their areas of expertise. Professionals in fields such as engineering, mining, and infrastructure development can prove that their work is in the national interest by demonstrating how it supports the country’s new energy policies. The latest executive orders are creating new opportunities for energy professionals, particularly those in the oil and gas industry, to contribute to America’s economic growth and energy security.
To qualify under national interest criteria, a petitioner’s proposed project must demonstrate a clear benefit to national security, economic growth, or environmental sustainability. Some examples of oil, gas, and renewable energy projects that may qualify include:
- Critical Infrastructure:
- Pipelines, refineries, or other infrastructure projects that enhance energy security, reduce reliance on foreign oil, or improve the safety and efficiency of energy transportation.
- Energy infrastructure modernization projects that upgrade existing infrastructure, develop new infrastructure, and improve the safety and efficiency of energy transportation.
- Innovative Technologies:
- Projects that deploy cutting-edge technologies, such as carbon capture, utilization, and storage (CCUS), enhanced oil recovery (EOR), or digitalization, to reduce greenhouse gas emissions, improve energy efficiency, or enhance environmental sustainability.
- Renewable energy development projects that drive the production of solar, wind, and hydroelectric power, as well as explore other energy sources.
- Critical Minerals Extraction and Processing:
- Projects that involve extracting and processing minerals essential for energy production and national security, aligning with policies to reduce reliance on foreign energy sources.
The United States consumes approximately 20 million barrels of oil per day, and natural gas accounts for about 40% of the country’s electricity generation. The oil and gas industry provides a significant portion of the energy needed to power the U.S. economy, making it a critical component of national energy security. Furthermore, the oil and gas industry is a significant contributor to the U.S. economy, generating billions of dollars in revenue each year. According to a study by the American Petroleum Institute (API), the industry supports over 10 million jobs across the country, both directly and indirectly. These jobs range from extraction and refining to pipeline construction and maintenance.
Because this industry plays a significant role in U.S. energy security and economic growth, and relies on skilled professionals with highly specialized expertise in extraction, refining, and pipeline infrastructure to ensure safe and efficient operations, professionals in these fields seeking to immigrate to the U.S. can qualify under national interest criteria.
This recognition of the industry’s importance is echoed in recent policy developments. Since taking office in January, President Trump has issued a series of Executive Orders aimed at reinvigorating American leadership in the energy sector. One of these Executive Orders, “Unleashing American Energy,” encourages energy production in the United States, with goals to establish the U.S. as a global energy leader, “restore American prosperity,” and “rebuild our Nation’s economic and military security.”
The NIW immigration pathway aligns perfectly with this Executive Order, which explicitly mentions that it is “in the national interest to unleash America’s affordable and reliable energy and natural resources.” For professionals working in areas like energy infrastructure development, petroleum and gas engineering, critical minerals mining, and environmental engineering, this Executive Order offers a new opportunity to qualify for NIW.
President Trump also issued an Executive Order “Declaring a National Energy Emergency,” which again calls for the revitalization of the United States’ energy supply and infrastructure. Notably, this Executive Order emphasizes the importance of providing a reliable and efficient energy supply to drive critical industries in the U.S., including manufacturing, transportation, agriculture, and defense, in addition to meeting the daily demand for energy in modern life.
Furthermore, this Executive Order defines “energy” or “energy resources” to include “biofuels, geothermal heat, [and] the kinetic movement of flowing water.” The Executive Order’s broad definition of “energy” implies that some renewable sources are covered, while wind and solar could be inferred under the category of “energy resources.” The definition of “generation” explicitly includes electricity production, which applies to renewables like wind and solar. The order emphasizes the need for a “reliable, diversified, and affordable” energy supply, aligning with the role of renewables in energy security and economic stability. Additionally, the order supports utilizing “unrealized energy resources” to create jobs and reduce reliance on foreign energy, which includes renewables. Therefore, even if someone is not a professional in conventional fossil fuel energy, the current approach includes them as part of those priorities relevant to the national importance of an NIW case.
Individuals with advanced degrees or exceptional abilities in energy-related fields can contribute to meeting the goals of these Executive Orders and supporting the nation’s economic and national security interests.
“In times when there seems to be a realignment regarding what constitutes national importance for the United States—and considering that this is one of the most critical elements for an EB-2 NIW petition—the latest executive orders on energy send a clear invitation to professionals in this field to contribute to the fulfillment of U.S. public policy. One thing is certain: energy professionals who propose innovative methodologies, groundbreaking projects, and specific efficiency improvements will find a viable path to the American Dream through the EB-2 National Interest Waiver,” says Colombo & Hurd Immigration Attorney Jean-Paul Castro.
Given the current administration’s focus on energy independence and infrastructure development, professionals in oil, gas, and renewable energy fields are particularly well-positioned to pursue NIW visas at this time. President Trump’s messaging emphasizes the importance of energy independence, national security, and economic growth, which aligns with the goals of the NIW program. Under the administration’s new energy policies, skilled immigrants can demonstrate how their work aligns with the national interest and supports the country’s energy policies, and make a strong case for self-sponsored immigration under EB-2 NIW.