Trump Expected to Expand Anti-DEI Push to EB-2 Visa Program, Shifting Definition of "National Interest"

Former President Donald Trump is poised to broaden his offensive against diversity, equity, and inclusion (DEI) initiatives by targeting an often-overlooked component of the U.S. immigration system: the EB-2 Visa National Interest Waiver program. This move signals a potential paradigm shift in how the U.S. government defines and prioritizes its "national interest" when considering which foreign nationals should be granted expedited access to residency.

According to Joshua Bratter, a leading immigration authority, the definition of "national interest" is fluid and subject to change with each administration. Trump’s expected overhaul of the EB-2 visa program would likely represent a significant departure from the priorities of the Biden administration, signaling a return to areas such as space exploration, military defense, and emerging technologies.

The EB-2 Visa National Interest Waiver is a specific category within the broader EB-2 employment-based visa program. It allows foreign nationals with advanced degrees or exceptional abilities to bypass the traditional requirement of securing a job offer in the United States. This waiver is granted when it is determined that the applicant’s presence would significantly benefit the U.S. national interest.

Bratter emphasized that this category was originally intended for highly skilled professionals whose work directly contributes to the advancement of critical U.S. interests. He cited examples such as engineers involved in infrastructure development and architects designing innovative bridges. The legislative intent was to create a streamlined pathway for individuals whose expertise could accelerate progress in areas deemed vital to the nation’s well-being.

The Biden administration, Bratter noted, broadened the interpretation of "national interest" to include areas such as sustainable energy, renewable energy, and climate change mitigation. This focus reflected the administration’s broader policy priorities and its commitment to addressing environmental challenges. However, the Trump administration appears to view these areas as less central to the U.S. national interest.

Instead, the Trump administration is expected to prioritize sectors that align with its economic and technological vision. These may include space exploration, military advancements, artificial intelligence (AI) applications for workplace optimization, and emerging technologies.

The potential shift in focus also extends to the realm of digital assets. The Trump administration’s past interest in cryptocurrency and its exploration of a potential crypto reserve signal a willingness to embrace innovative technologies that could reshape the financial landscape.

Furthermore, the Trump administration’s emphasis on government efficiency, as evidenced by the proposed creation of a Department of Government Efficiency (DOGE), suggests a broader effort to streamline operations and reduce bureaucratic obstacles. This emphasis on efficiency could influence the criteria used to assess whether a foreign national’s presence aligns with the national interest.

By prioritizing these areas, the Trump administration aims to attract talent and expertise that can contribute to its specific goals, solidifying its position as a global leader in technological innovation and economic competitiveness.

This potential shift has significant implications for foreign nationals seeking to obtain EB-2 visas. Individuals whose expertise aligns with the Trump administration’s priorities may find it easier to secure a National Interest Waiver, while those working in fields favored by the Biden administration may face greater challenges.

The definition of "national interest" is not static. It’s a dynamic concept shaped by the evolving priorities and policy objectives of each administration. As the Trump administration prepares to potentially revamp the EB-2 visa program, it is crucial for foreign nationals and employers alike to understand the shifting landscape and adapt their strategies accordingly.

The potential changes to the EB-2 Visa National Interest Waiver program are part of a broader effort by Trump to reshape U.S. immigration policies. His administration is likely to focus on attracting individuals with skills and expertise that directly contribute to its economic and technological agenda, while placing less emphasis on areas that do not align with its vision. This approach reflects a fundamental shift in how the U.S. government defines and prioritizes its "national interest," potentially creating new opportunities for some while posing challenges for others.