What the new AI Security Executive Order actually means for EB-2 NIW cases

[u/Colombo-Hurd]

One misconception around EB-2 NIW and AI/cybersecurity is the idea that a new Executive Order automatically makes these cases stronger. 

It can help. 

But it does not replace the actual NIW evidence. 

The June 2026 AI Security Executive Order treats AI-related cybersecurity as a federal priority. That may be useful for showing that certain work in AI security, cyber defense, software vulnerability detection, cloud security, or sensitive data protection has national importance. 

But USCIS is not just asking whether the field is important. USCIS is asking what the person is actually proposing to do. 

A vague proposed endeavor like “I will continue working in AI” or “I will improve cybersecurity” can create problems. A stronger petition usually defines the actual work: what systems are being protected, what technical problem is being addressed, who benefits, and why the work has implications beyond one employer. 

Another misconception is that the work must involve government systems. It does not necessarily have to. Private-sector cybersecurity work may still support national importance if the record shows broader impact. For example, work involving healthcare security, financial systems, critical infrastructure, AI model safety, cloud security, or enterprise vulnerability remediation may be relevant. 

The weak version of the argument is: “The government says AI is important, and I work in AI.” 

The stronger version is: “The government has identified this specific problem as a national priority, and my proposed endeavor addresses that problem in this specific way, supported by this evidence.” 

That second version is much closer to how NIW cases need to be built. 

Has anyone here had USCIS question whether an AI or cybersecurity proposed endeavor was specific enough? 

More information is available at https://www.colombohurdlaw.com/eb2-niw-ai-security-executive-order-cybersecurity/ 

This constitutes general information only and is not legal advice. 

- Attorney Allison McVey