The Trump administrations, encompassing the initial term from 2017 to 2021 and the second term which recently began in 2025, have profoundly influenced the oil and gas sector. Former President Donald Trump’s “America First” energy strategy sought to enhance domestic fossil fuel production, diminish regulatory obstacles, and emphasize energy independence. These initiatives, enacted through executive orders, directly affected workforce demand within the oil and gas industry, thereby impacting immigration pathways such as the National Interest Waiver (NIW) petitions under the EB-2 visa category.

The NIW program permits highly skilled foreign professionals to circumvent the labor certification process if their contributions are recognized as having significant merit and national importance. In light of the Trump administration’s vigorous advocacy for domestic energy production, professionals in the oil and gas field—including petroleum engineers, geologists, environmental specialists, and regulatory experts—found themselves in a favorable position to submit NIW petitions. Nevertheless, the administration’s broader immigration policies frequently clashed with its energy expansion initiatives, presenting both opportunities and challenges for NIW applicants. This article examines the effects of Trump-era energy policies on NIW petitions, with a particular focus on key executive orders related to drilling and their ramifications for skilled professionals in the sector.

The First Trump Administration (2017–2021): Policies and Their Impact

During the initial term of the Trump administration, a strong pro-fossil fuel policy was established, characterized by the rollback of environmental regulations and the promotion of oil and gas development. A series of executive orders played a crucial role in facilitating this transition.

One of the significant early actions was Executive Order 13795, issued in April 2017, which concentrated on expanding offshore energy resources. This order aimed to dismantle protections established during the Obama administration regarding Arctic and Atlantic offshore drilling, thereby opening extensive new regions for oil and gas exploration. The encouragement of offshore development through this order heightened the demand for skilled professionals in areas such as offshore drilling, pipeline construction, and environmental risk assessment, where foreign expertise is often vital.

Another key initiative was Executive Order 13783, signed in March 2017, which aimed to enhance energy independence by removing regulations perceived as hindering energy development. This order instructed federal agencies to relax restrictions on oil and gas operations, particularly those concerning emissions and environmental impact evaluations. As regulatory hurdles diminished, new projects were initiated, leading to an increased demand for engineers and regulatory specialists adept at navigating the changing regulatory environment.

Additionally, Executive Order 13807, issued in August 2017, further facilitated energy infrastructure development by streamlining federal permitting processes for large infrastructure projects, including oil pipelines and drilling activities. By expediting project approvals, this order generated more job opportunities within energy-related sectors, strengthening the rationale for foreign professionals pursuing National Interest Waivers (NIWs) based on their contributions to national energy objectives.

Despite the administration’s robust endorsement of fossil fuel development, its stringent immigration policies posed challenges for National Interest Waiver (NIW) applicants. Under the “Buy American, Hire American” (BAHA) initiative, the United States Citizenship and Immigration Services (USCIS) intensified its examination of employment-based immigration petitions, leading to an increase in Requests for Evidence (RFEs) and denials. Although energy professionals could assert that their roles were vital to U.S. national interests, they encountered more rigorous requirements to demonstrate their distinct expertise and how their contributions exceeded those of American workers. Additionally, processing times became prolonged, introducing further uncertainty into the NIW application process.

The Second Trump Administration (2025–Present): Renewed Focus and Its Implications

Upon returning to office in 2025, President Trump reaffirmed his dedication to energy dominance. Confronted with fluctuating global oil prices and a renewed focus on domestic energy security, his administration enacted further executive orders designed to enhance fossil fuel production and infrastructure development.

In January 2025, Trump proclaimed a National Energy Emergency, issuing a series of directives aimed at expediting oil and gas production. This declaration led to new lease sales for federal land drilling, accelerated permitting for energy projects, and the removal of restrictions that had been reinstated during the Biden administration. The expansion of drilling activities resulted in a heightened demand for professionals skilled in oil extraction, hydraulic fracturing, and environmental compliance.

A significant executive order from the second administration, EO 14154 (Unleashing American Energy), aimed to remove the remaining regulatory obstacles faced by oil and gas companies. By rescinding emissions and land-use regulations, this order facilitated the expansion of operations for these companies with reduced compliance requirements. Consequently, this created opportunities for foreign professionals adept in enhancing extraction techniques, advancing drilling technologies, and maintaining environmental safety standards.

In addition to promoting onshore development, the second Trump administration actively sought to expand offshore drilling by overturning prior protections for coastal regions. The administration’s Reversal of Offshore Drilling Protections (January 2025) removed restrictions on drilling in the Atlantic, Pacific, and Arctic areas, leading to a surge in new exploration initiatives. As offshore drilling activities escalated, the demand for professionals skilled in deepwater operations, reservoir engineering, and marine environmental safety also increased—positions that many foreign workers occupy under the NIW program.

 

Impact on NIW Petitions for Oil and Gas Professionals

The interplay of pro-energy policies and stringent immigration regulations created a challenging environment for NIW petitions during both Trump administrations. On one side, the growth of the fossil fuel sector bolstered the argument that oil and gas professionals are essential to national energy security. Conversely, the strict immigration policies complicated the petition process, necessitating that applicants present comprehensive evidence of their national significance.

Opportunities for NIW Applicants

The emphasis placed by the Trump administration on domestic energy production enabled professionals in the oil and gas sector to align their efforts with national objectives. NIW applicants could assert that their specialized knowledge contributed to energy independence, job creation, and technological progress within the industry. Notably, those with expertise in advanced extraction methods, environmental risk management, and regulatory compliance had a compelling argument to illustrate their contributions to the U.S. economy and energy security.

Challenges for NIW Applicants

In spite of the advantageous energy policies, heightened scrutiny in immigration adjudications presented a significant hurdle for NIW applicants. The administration’s stringent interpretation of “national interest” required applicants to furnish substantial evidence demonstrating that their work had an immediate and tangible effect on the U.S. economy or energy policy. Moreover, with an increase in Requests for Evidence (RFEs) and denials, NIW applicants needed to establish that their contributions were unique and not easily substitutable by U.S. workers. Additionally, while environmental specialists were vital in promoting safe drilling practices, the administration’s deregulation agenda frequently conflicted with their efforts. Professionals dedicated to renewable energy or environmentally conscious fossil fuel extraction faced challenges in making their case under an administration that favored deregulation over environmental protections.

Case Study: Expansion of Offshore Drilling and National Interest Waiver Petitions

To exemplify the effects of policies from the Trump administration on National Interest Waiver (NIW) petitions, consider a petroleum engineer focused on safety in offshore drilling. This expert is responsible for developing innovative methods aimed at preventing blowouts and mitigating environmental risks associated with offshore oil extraction.

During the Trump administration, there was a notable increase in offshore drilling activities, leading to a heightened demand for specialized knowledge in safety engineering. The engineer’s NIW petition could emphasize their role in advancing safety protocols in deepwater drilling, thereby aligning with the administration’s objective of boosting domestic oil production while reducing associated risks.

Nevertheless, due to the administration’s stringent immigration policies, the petition would likely encounter rigorous examination. The engineer would be required to submit comprehensive documentation, including endorsements from industry leaders, relevant government bodies, and evidence illustrating how their advancements enhance safety and operational efficiency.

The executive orders issued by the Trump administration regarding oil and gas drilling have had a profound impact on National Interest Waiver (NIW) petitions within the sector, presenting both advantages and obstacles for skilled professionals. The policies that favored the expansion of fossil fuels have led to an increased demand for expertise in areas such as petroleum engineering, offshore drilling, and regulatory compliance; however, the tightening of immigration regulations has rendered the NIW process more challenging.

During the first Trump administration (2017–2021), a foundation for deregulation and energy growth was established, allowing foreign professionals to align their efforts with national interests. Nevertheless, the implementation of stricter immigration policies under the BAHA initiative complicated the petitioning process. The ongoing second Trump administration (2025–present) has further amplified these dynamics, with assertive drilling policies generating new opportunities while upholding stringent immigration controls.

In conclusion, NIW applicants in the oil and gas sector must adeptly articulate their contributions in a manner that resonates with national energy objectives while navigating the intricate landscape of immigration adjudications. By highlighting their role in promoting U.S. energy independence and economic development, professionals in this field can enhance the strength of their NIW petitions, even amidst a shifting political environment.

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.