National Interest Waiver (NIW) petitions in the renewable energy industry have been significantly impacted by the policies of the Trump administration, especially with regard to wind energy projects. With an emphasis on acts taken by the first and second Trump administrations, this article explores the administration’s effects on NIW petitions, the larger renewable energy scene, and the particular ramifications of policies that target wind energy projects.

The Renewable Energy Sector and National Interest Waiver (NIW) Petitions

If their employment is judged to serve the national interest of the United States, foreign nationals with advanced degrees or outstanding ability may avoid the labor certification process under the NIW clause under the EB-2 visa category. Professionals in the field of renewable energy have historically used NIWs to support the country’s environmental and energy independence.

The way NIW petitions are decided has changed significantly prior to the Trump administration. On January 15, 2025, the U.S. Citizenship and Immigration Services (USCIS) revised its policy advice, signaling a stricter assessment procedure for NIW applicants. As each application is subjected to a more thorough evaluation, this increased scrutiny has resulted in a rise in Requests for Evidence (RFEs) and longer processing delays. The increase in RFEs forces petitioners to gather more supporting material, which delays USCIS’s decision-making process even more.

Policy actions like the administration’s temporary pullback from offshore wind leasing demonstrate its diminished focus on sustainability and renewable energy.

For professionals in the renewable energy sector looking for NIWs, this change in emphasis has created a climate of anxiety because their contributions might no longer be in line with the national interest priorities of the present administration.

Effects on the Industry of Renewable Energy

The renewable energy sector now faces serious obstacles as a result of the administration’s policies. President Trump paused significant green energy incentives early in his second term, reviewed current wind leases, and stopped approving offshore wind projects. The rapidly expanding renewable energy industry has been hampered by these measures, which have resulted in fewer investments and building projects.

Energy industry executives have cautioned that these limitations may cause a U.S. electricity crisis, increasing consumer bills and putting the country at a competitive disadvantage in the global artificial intelligence (AI) market compared to nations such as China.

By 2028, annual generation must rise by up to 26% due to the growing demand for electricity brought on by AI technologies and power-hungry data centers. While gas facilities face limitations and higher prices, industry executives contend that renewables and battery storage are crucial for quickly addressing this demand. The suspension of renewable energy has already resulted in a decrease in construction projects and investment in the field, raising the possibility of blackouts and jeopardizing grid stability. The administration’s emphasis on fossil fuels, according to critics, ignores the efficiency and financial advantages of renewable energy sources.

Particular Laws Aimed to Wind Energy

A number of policies enacted by the Trump administration have a direct impact on wind energy projects:

1. Executive Order Stopping Wind Energy Projects: President Trump issued an executive order on January 21, 2025, temporarily stopping the financing, leasing, and permitting of onshore and offshore wind energy projects. During this delay, the Interior Secretary can examine how these projects affect wildlife, how much they cost, and how subsidies affect the wind sector. Future developments may be limited by the order’s broad reach, which covers both onshore and offshore projects.
2. Permanent Withdrawal from Offshore Wind Leasing: The government permanently stopped leasing any new or renewed wind energy in any part of the OCS. Even though current offshore wind leases are still in effect, they are being reviewed and could be terminated or amended. For both ongoing and planned wind energy projects, this policy creates uncertainty, which may discourage investment and growth in the industry.
3. Effect on Particular Projects: A number of well-known wind energy projects have been put on hold as a result of the executive order. For example, the uncertainty surrounding federal permits and the withdrawal of important stakeholders caused New Jersey’s first offshore wind project to come to a complete halt. In a similar vein, the administration’s larger plan to review and possibly halt wind energy developments was reflected in the suspension of the Lava Ridge Wind Project in Idaho.

Historical Background: The Acts of the First Trump Administration

The foundation for the current policies impacting the renewable energy sector was established by the first Trump administration (2017–2021).

• Deregulation and the Promotion of Fossil Fuels: The administration placed less emphasis on wind and solar energy and more on the quick deployment of American-based energy resources. As part of this strategy, environmental regulations were relaxed to make it easier to extract and use fossil fuels.
• Renewable Energy Policy: Because of the president’s emphasis on fossil fuels, renewable energy was not given priority in the America First Energy Plan. Trump complained about the subsidies renewable energy companies receive and praised solar technology during the campaign, but he also criticized it for being too costly.
• Effect on Wind Energy: The administration’s policies included a general deprioritization of renewable energy projects and the removal of some tax credits for wind energy production. These acts created an environment that was difficult for the development of wind energy at the time.

Significance for NIW Petitioners in the Wind Infrastructure Industry

Wind energy-focused NIW petitioners now face a difficult environment as a result of the administration’s policies:

• Conformity to the National Interest: USCIS may wonder if contributions to the wind energy sector are in line with the current national interest given the move away from renewable energy projects and toward fossil fuel energy sources. Professionals in the field may have more NIW petitions denied as a result of this misalignment.

 A greater burden of proof

NIW petitioners in the wind energy industry might need to present more convincing proof of the national significance of their work, given the administration’s position on renewable energy. Applications will probably be examined more closely by USCIS, which will require petitioners to clearly demonstrate how their contributions support larger American technological and economic interests. This comprises:

• Proving Economic Impact: Petitioners must provide evidence of how their efforts support job creation, economic expansion, or energy independence in the United States. This may necessitate prioritizing job creation in the domestic supply chain of renewable energy projects, given the administration’s inclination towards fossil fuels.
• Emphasizing Contributions to Energy Security: Petitioners should show how their efforts in wind energy improve American energy security by lowering dependency on imported natural gas and oil. A well-established case demonstrating how renewables can strengthen grid resilience could be crucial given the heightened focus on national security.
• In order to overcome policy and regulatory obstacles, petitioners may be required to present information and professional assessments outlining the possible financial consequences of limiting the growth of wind energy, such as higher electricity prices or a decline in global competitiveness.

Prolonged Processing Durations

• Wind energy professionals are not an exception to the longer processing times caused by the increased scrutiny of NIW petitions. In addition to impairing their capacity to work in the United States, this delay delays the timely completion of vital energy projects. Prolonged processing times have a ripple effect on investment choices in the renewable energy industry because businesses may be reluctant to hire foreign specialists whose immigration status is uncertain.

Impacts on Wind Energy Research and Innovation

The Trump administration’s policies have also had a major impact on NIW petitions by stifling wind energy research and innovation. With leading universities and national labs propelling developments in energy storage, offshore wind deployment, and turbine efficiency, the United States has long been a leader in renewable energy research.

However, the administration’s regulations limiting the development of wind energy have made it more difficult for researchers to obtain funding or locate cooperative industry partners. Getting approvals for NIW-based hires is difficult for universities and startups that depend on foreign talent to drive cutting-edge research in wind technology. This could result in a brain drain, where top talent moves to other nations with more benevolent policies.

The Effects of the First Trump Administration on NIWs and Renewable Energy

Trump’s first term (2017–2021) policies, which established the foundation for current restrictions, must be reviewed in order to fully comprehend the effects of his second administration on NIW petitions and wind energy.

1. Reducing Federal Assistance and Wind Energy Tax Credits

The administration tried to remove federal tax credits for wind energy during Trump’s first term, claiming that renewable energy sources ought to be able to compete with fossil fuels on their own without government support. Even though the Production Tax Credit (PTC) for wind energy was eventually reduced by Congress rather than abolished, investment in wind projects was slowed by the uncertainty the administration’s position created.

2. Reversing Environmental Laws That Help Renewable Energy

Environmental regulations that indirectly favored renewable energy were weakened by actions taken by the Trump administration. Among the crucial actions were:

• Reversing the Clean Power Plan: The Obama administration’s Clean Power Plan sought to lower power plants’ carbon emissions. Long-term demand for wind energy was impacted when Trump replaced it with the Affordable Clean Energy (ACE) rule, which eliminated incentives for utilities to switch from coal to renewables.
• Reducing Federal Land Availability for Wind Farms: It became more difficult for developers to locate appropriate sites when the Bureau of Land Management (BLM) cut back on the number of federal land leases available for wind projects.

3. Public Misinformation and “Wind Turbines Cause Cancer”

The dissemination of false information regarding wind energy was one of the most peculiar aspects of Trump’s first administration. Trump regularly attacked wind turbines, saying they killed birds, caused cancer, and decreased property values. Despite being extensively refuted, these assertions fueled public mistrust of wind energy and served as political justification for laws limiting wind development.

Looking Ahead: NIW Petitions’ Prospects in the Renewable Energy Industry

The renewable energy sector has persevered in the face of these difficulties. The economic and environmental advantages of wind energy are being emphasized by state governments, advocacy organizations, and industry leaders as they continue to oppose federal restrictions. The environment is still difficult for foreign professionals looking for NIWs in wind energy, though. Success strategies include:

• Reinforcing the National Interest Argument: Petitioners ought to coordinate their efforts with causes that the administration continues to support, like energy independence and national security.
• Highlighting State-Level Initiatives: In spite of federal regulations, several states, most notably California, New York, and Texas, still encourage wind energy. Petitioners ought to emphasize how their efforts support the state’s objectives for renewable energy.
• Looking for Alternative Immigration Pathways: For professionals who are dealing with longer NIW processing times or more denials, employer-sponsored green card categories or the O-1 visa (for people of extraordinary ability) may offer workable alternatives.

In conclusion In the field of renewable energy, NIW petitions have been significantly impacted by the policies of the Trump administration, especially for wind energy experts. The administration has made it more difficult for foreign professionals to be eligible for NIWs by putting new restrictions on wind projects and shifting national interest priorities toward fossil fuels. Foreign professionals looking to contribute to U.S. wind energy must negotiate an increasingly complicated immigration landscape as the renewable energy sector continues to expand. In order to keep the United States competitive in the global race for clean energy innovation, it will be essential for stakeholders in the immigration and renewable energy sectors to adjust as the policy environment changes.

By: Karim Jivani

Karim Jivani is an Associate Attorney at Reddy Neumann Brown PC who focuses on employment-based non-immigrant visas. Karim’s practice covers all phases of the EB-1A and EB-2 NIW visa process including filing petitions, responding to Requests for Evidence (RFE), and drafting motions and appeals. Karim has also worked on all aspects of H-1B, L-1, I-140, and VAWA petitions.