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Obtaining an O-1A visa for a Lead AI Researcher

“He came to us with two needs: a near-term employment dependency that ruled out the H-1B lottery, and a research record he wanted credited for what it actually was.”

Overview

Why research-track records can underperform under the criteria

Researchers tend to look like good O-1A candidates on paper. They publish, they review, they speak, they hold appointments at recognized institutions. The eight criteria in 8 CFR 214.2(o)(3)(iii)(B) read almost like a CV outline.

That overlap is part of why research-track cases sometimes underperform at the final-merits stage. A petition can satisfy three criteria and still leave an officer unable to articulate why this particular researcher’s record reflects sustained acclaim rather than ordinary professional activity. The Policy Manual’s STEM Appendix is fairly direct about this distinction — it discusses the difference between, for example, peer review of journal submissions in the ordinary course versus participation as a selected reviewer at a major conference. The criteria are evidentiary categories. They do not, by themselves, distinguish a researcher who is one of many from one who has risen to the top.

Most of the work in a research case is in surfacing that distinction — criterion by criterion, with primary documents — so that step two of the adjudication has somewhere to land.

LESSON 1  —  Frame original contributions around their downstream effect

The original-contributions criterion under 8 CFR 214.2(o)(3)(iii)(B)(5) asks for evidence of “original scientific, scholarly, or business-related contributions of major significance.” The Policy Manual notes that significance is shown by what the contribution has produced — adoption, citation, derivative work, commercial application, replication — rather than by the existence of the contribution itself.

Dr. Stewart’s record was substantial in volume: more than forty publications, several thousand citations across his work, and contributions to a number of community benchmarks (NeuroBench, RobotPerf, Wake Vision, A2Perf). The petition did not lead with that volume. It centered on a smaller set of contributions that had visible downstream effects. The clearest example was his paper Machine Learning Sensors in Communications of the ACM, which proposed a new design pattern for embedded AI and was followed by a HarvardX Professional Certificate program with over 100,000 enrolled learners across 175 countries, an O’Reilly textbook drawing on the same framework, and citations from independent groups extending the work.

The lesson, generalized: pick a small number of contributions where you can document the chain from publication to consequence with primary evidence, and let the broader publication record support those anchors rather than substitute for them. A fifty-paper exhibit list is not, by itself, a stronger showing than a five-paper list with documented impact for each.

LESSON 2  —  Expert opinion letters do their best work when they are specific

Expert opinion letters carry significant weight in research-track O-1A petitions, and the Policy Manual’s Appendix on satisfying the O-1A evidentiary requirements addresses them directly. The relevant passage observes that letters from “experts in the field” are most useful when they explain how the petitioner’s work meets the regulatory criteria with specificity — rather than offering general praise or restating the petitioner’s CV.

In practice, letters that hold up under final-merits review tend to do three things:

1. Establish the writer’s standing in the relevant subfield. Title and institution alone are rarely sufficient. A short paragraph describing the writer’s own contributions, advisory roles, or recognition in the specific area where they are evaluating the petitioner gives an officer something concrete to weigh.
2. Identify a specific contribution and what followed from it. Not the petitioner’s career as a whole. One paper, project, or system; what it proposed; who adopted it; and why that adoption matters in the field.
3. Place the petitioner relative to peers. The Policy Manual asks whether the evidence shows the petitioner is among a small percentage at the top of the field. Letters that engage that comparative question — by reference to specific peers, programs, or bodies of work — are more useful than letters that assert the conclusion.

In Dr. Stewart’s case the strongest letters tended to come from people who had worked with him directly: his postdoctoral advisor at Harvard, faculty collaborators at Dartmouth and Cornell Tech, an early TinyML researcher whose work intersected with his, and engineers at companies that had adopted aspects of his framework. A letter from a direct collaborator is generally able to engage the specificity questions above; a letter from a more distant well-known figure often cannot. Both have a place. The petitioner-collaborator letters tend to do more of the heavy lifting.

LESSON 3  —  The judging criterion rewards documentation more than activity

Under 8 CFR 214.2(o)(3)(iii)(B)(4), a petitioner can establish acclaim by showing that the beneficiary has “participated on a panel, or individually, as a judge of the work of others in the same or in an allied field.” The Policy Manual’s STEM Appendix lists peer review for journals or conferences, service on selection committees, and review of grant proposals as illustrative examples — making clear that the criterion is broader than the term “judge” might suggest.

The challenge is documentation. Active researchers often perform a great deal of qualifying activity — reviewing for journals and conferences, sitting on program committees, evaluating grants, judging student work — without retaining the artifacts that an officer can credit. A line on a CV that reads “reviewer, NeurIPS” is not, on its own, evidence of selection or invitation. The underlying email, conference page, or program listing is.

Dr. Stewart’s judging exhibit included the invitation correspondence for the NeurIPS 2023 Datasets and Benchmarks Track, the list of papers he reviewed at MLSys and IEEE Micro with a short note on each venue’s standing, screenshots of the Ai4 conference program identifying him as a panel moderator and judge, and the assignment materials from a National Science Center grant review. The materials were assembled from his own files, and the work would have been substantially harder if those files had not existed.

LESSON 4  —  Trade and professional press qualify under the published-material criterion

8 CFR 214.2(o)(3)(iii)(B)(3) covers “published material in professional or major trade publications or major media about the alien.” The Policy Manual identifies several considerations relevant to evaluating this evidence: the publication’s reach, its standing within the field, the title and circulation, and whether the material is about the petitioner rather than authored by them.

That last distinction matters. Pieces the petitioner has authored are evidence under the scholarly-articles criterion, not this one. Pieces in which the petitioner is the subject — including interview-style features — are.

Dr. Stewart’s record under this criterion drew on a range of venues calibrated to his subfield rather than to general readership. The exhibit included an interview in Elektor Magazine, a long-running European electronics trade publication; a feature in The Conversation addressing TinyML’s applications in the developing world; coverage in SIGARCH and Audio Express; and his ongoing column on Towards Data Science, a technical platform whose monthly readership is well-documented and where his pieces had accumulated several million reads. Each entry was supported with circulation figures, a brief description of the venue’s editorial standing, and where available, third-party rankings.

LESSON 5  —  Dual academic-industry tracks can strengthen a petition if framed cleanly

Dr. Stewart’s record at the time of filing reflected concurrent engagements: a postdoctoral appointment at Harvard SEAS, and a senior technical role The petitioning entity was a separate U.S. employer with a defined need for the work in his area of extraordinary ability.

Two regulatory provisions are relevant to a profile of this kind. The first is 8 CFR 214.2(o)(3)(iii)(B)(7), which covers performance in a “lead, starring, or critical role for organizations or establishments that have a distinguished reputation.” Harvard SEAS and Dr. Stewart’s prior role contributed evidence under this criterion, with separate exhibits documenting the distinguished reputation of each organization and the nature of Dr. Stewart’s role within it. The second is the comparable-evidence provision at 8 CFR 214.2(o)(3)(iii)(C), which the Policy Manual specifically discusses in the context of researchers transitioning between academia and industry. The STEM Appendix gives the example of a researcher whose work in industry may be better evidenced by trade-show presentations or product impact than by traditional academic indicators — a useful provision for petitioners whose record straddles both contexts.

The drafting consideration is clarity about which role supplies which evidence, and which prospective role the petition is being filed against. Where dual-track records run into difficulty at adjudication, it is most often because that mapping has been left implicit. Stating it explicitly — in the petition letter, and in the exhibit organization — generally addresses the issue.

LESSON 6  —  Premium processing solves for time, not for case quality

Dr. Stewart’s petition was filed with premium processing under the I-907 mechanism. USCIS issued a decision in 15 calendar days. Premium processing was the right call here because of an employment timeline that left limited room for standard adjudication, and because a change of status was available without consular processing.

Premium processing accelerates the agency’s decision; it does not improve the petition. The relevant question for any applicant is whether the case is ready, not whether faster adjudication is available. Filing on a compressed timeline before the evidentiary record is complete is one of the more common avoidable causes of Requests for Evidence and denials.

Outcome and what comes next

The petition was approved on first review. No Request for Evidence was issued. Dr. Stewart’s status was changed from F-1 to O-1A without leaving the United States, with a three-year authorization period.

The same evidentiary record now serves as the foundation for an EB-1A petition for permanent residence. Many of the exhibits carry forward, but the EB-1A is not a relabeling of the O-1A. The regulatory framework is similar in structure (10 criteria under 8 CFR 204.5(h)(3) rather than 8) but distinct in standard, and the final-merits analysis under Kazarian v. USCIS applies more rigorously. Letters that were sufficient for the O-1A often need to be re-pitched to address the EB-1A standard directly. Supplementary evidence — memberships such as Sigma Xi, chartered professional statuses, fellowship applications, additional invited speaking engagements — is being layered in where it strengthens the case at step two. The two filings are best treated as related but distinct projects.

POINTS THAT GENERALIZE

• Anchor the petition in a small number of contributions with documented downstream effect. Volume can support, but rarely substitutes for, evidence of impact.
• Save reviewer invitations and conference materials as they arrive. Reconstructing them later is harder than it looks.
• Direct collaborators usually write the most useful expert opinion letters. Specificity carries more weight at the final-merits stage than the writer’s general renown.
• Document the venue, not just the appearance. A short paragraph on circulation, audience, and editorial standing helps an officer place the evidence in context.
• Address dual academic-industry profiles explicitly. The comparable-evidence provision at 8 CFR 214.2(o)(3)(iii)(C) exists for this purpose.
• Treat the O-1A as one step in a broader pathway. Many research-track applicants will eventually file an EB-1A or EB-2 NIW. Documentation choices made now compound later

ACKNOWLEDGMENTS
This case study is published with the gracious permission of Dr. Matthew Stewart, who shared his experience to help other researchers navigating the same path. Path Immigration Law Group is currently representing Dr. Stewart in his EB-1A petition for permanent residence. We are grateful for his generosity in contributing to this resource.

“Currently employed at a leading technology company, the applicant specializes in developing high-throughput asynchronous Data Verification Systems, showcasing significant technical proficiency in managing large data volumes efficiently.”

Overview

There is a common misconception that EB-2 National Interest Waiver petitions are only suitable for scientists or researchers with extensive publications. However, this is not the case. The regulations and controlling case law make it clear that a vast array of professionals are eligible for the category so long as they meet the regulatory criteria. Below we outline the argument for our client’s NIW petition:

1. Whether the Proposed Field of Endeavor has Substantial Merit or National Importance: 

In the case of Matter of Dhanasar, the AAO outlined criteria under which an individual can demonstrate that their proposed endeavor has both substantial merit and national importance, relevant across various fields including science, technology, and business. Notably, economic impact is favorable but not a requisite for establishing merit, allowing fields like pure science and research to qualify based on their potential contributions to knowledge, irrespective of direct economic benefits.

Our client’s work in advanced computing, particularly in the realm of computing architectures focusing on distributed systems, exemplifies substantial merit through technological innovation aimed at enhancing efficiency and scalability across vital sectors such as finance, healthcare, and e-commerce. His efforts contribute significantly to the U.S. by improving critical services and infrastructure, supporting national defense, and enhancing the nation’s capacity in handling health emergencies and economic stability.

Furthermore, the AAO emphasizes the concept of national importance not by geographic scope but through significant potential impact on national interests. Our client’s work, with its emphasis on technological innovation and security, aligns with the U.S. strategic priorities in cybersecurity and technology leadership, thereby underscoring its national importance. His contributions are poised to bolster the U.S.’s stance as a leader in digital innovation and security, crucial for maintaining competitive advantage globally.

The national interest of his endeavor is further underlined by its alignment with the U.S. administration’s policies to attract STEM talent, as seen in various government initiatives and executive orders aimed at strengthening the nation’s technological workforce and infrastructure. His specialization in fields identified on the Critical and Emerging Technologies List by the White House demonstrates the alignment of his work with national security objectives, enhancing the U.S.’s capabilities in key areas like cybersecurity and digital infrastructure.

Overall, our client’s proposed endeavor not only supports economic growth and technological competitiveness but also plays a critical role in advancing national interests as outlined in strategic U.S. policies. This includes fostering innovation in critical and emerging technology areas, crucial for the nation’s security and technological sovereignty.

2. Whether the  Applicant is Well-Positioned to Advance the Proposed Endeavor:

Under the guidelines of Matter of Dhanasar, 26 I&N Dec. 884, several factors are considered in evaluating whether an individual is well-suited to advance their proposed endeavor. These include the individual’s education, skills, knowledge, and record of success in related fields; a plan or model for future activities; any progress towards achieving the proposed endeavor; and the interest of potential customers, users, investors, or other relevant parties in the individual’s exceptional abilities.

In this case, our client’s qualifications to advance the proposed endeavor are substantial. He holds a Master of Science Degree in Computer Science and his coursework aligns with critical and emerging technology areas in STEM, thus enhancing U.S. competitiveness and national security. His work experience spans over five years, where he have demonstrated expertise in software engineering, particularly in the domain of search infrastructure. This experience includes leading the development of systems that significantly enhance processing efficiency and reduce latency, which directly improves access to information for billions of users.

The individual’s technical skills are extensive and diverse, covering cutting-edge technologies and programming languages. These skills are demonstrated through their successful leadership in significant projects that have positively impacted financial systems and contributed to enhancing U.S. economic stability.

Overall, our client’s continued contribution and active progress in his field, along with the sustained interest from leading technology firms in employing him, underscore his capacity and readiness to further their proposed endeavor.

Conclusion

The I-140 was submitted to USCIS in late 2024 and the client received approval within 4 days of submission. Premium Processing was selected.

Obtaining an EB-2 NIW for a Software Engineer Specializing in Data Processing and Analysis

“Currently employed at a leading technology company, the applicant specializes in developing high-throughput asynchronous Data Verification Systems, showcasing significant technical proficiency in managing large data volumes efficiently.”

Overview

There is a common misconception that EB-2 National Interest Waiver petitions are only suitable for scientists or researchers with extensive publications. However, this is not the case. The regulations and controlling case law make it clear that a vast array of professionals are eligible for the category so long as they meet the regulatory criteria. Below we outline the argument for our client’s NIW petition:

1. Whether the Proposed Field of Endeavor has Substantial Merit or National Importance: 

Our strategy focused on establishing the substantial merit and national importance of the proposed endeavor in the field of Advanced Computing – Data Storage Systems and Infrastructure. According to Matter of Dhanasar, the endeavor had to demonstrate potential economic impact or advancement of human knowledge to qualify. The proposed endeavor, centered on innovating data storage systems and infrastructure with a focus on security and processing techniques, met these criteria, aligning with U.S. science and technology interests and national security priorities.

The work presented was of substantial merit due to its technological innovation and potential impact on sectors like finance, healthcare, and e-commerce. In the context of Advanced Computing, the contributions were pivotal for advancing data management technologies, which had wide-ranging implications for various sectors and demonstrated national importance.

Furthermore, the focus on data security was crucial for protecting sensitive information, ensuring compliance with privacy regulations, and maintaining public trust. The expertise contributed to the economic strength of the tech sector, enhancing the competitiveness of U.S. companies in the global market. Beyond technical advancements, mentorship and leadership enriched the professional community, fostering innovation and learning. These factors, supported by expert letters and evidence, established the substantial merit and national importance of the proposed endeavor.

The evidence further supported that the proposed endeavor held national importance. The AAO decision in Mississippi Phosphate, EAC 92 091 50126 (July 21, 1992), provided persuasive examples of work considered to be “in the national interest,” emphasizing the individual’s capacity to influence the field of national interest rather than focusing solely on the national impact of the work. These examples included improving the U.S. economy, enhancing education and training programs, and addressing environmental concerns. The AAO also described the requirement of national importance, highlighting endeavors with significant potential to employ U.S. workers or have other substantial positive economic effects, particularly in economically depressed areas.

In our case, the proposed endeavor held national significance due to its global impact in the realm of Advanced Computing – Data Storage Systems and Infrastructure, with an emphasis on Data Security, Data Processing, and Analysis Techniques, contributing directly to significant economic, scientific, and technological progress. This work directly influenced the core technological framework of the U.S., crucial for both the digital economy and national defense. Additionally, the expertise in upgrading data storage and enhancing security addressed critical challenges in an age increasingly vulnerable to cyber threats and data intrusions. This work extended beyond the private sector to safeguard broader national interests, aligning with significant national strategies and policies aimed at encouraging innovation and securing the technological future of the country.

2. Whether the  Applicant is Well-Positioned to Advance the Proposed Endeavor:

Under Matter of Dhanasar, factors were examined to determine our client’s ability to advance the proposed endeavor, including education, skills, knowledge, and track record of success in related efforts, as well as a plan for future activities and the interest of relevant entities in exceptional abilities. A Master’s degree in Computer Science and a Bachelor’s degree in Instrumentation & Control aligned with critical STEM areas, while tenure at leading tech companies demonstrated expertise in software engineering. Skills encompassed big data storage, analytics frameworks, programming languages, and infrastructure-as-code, supported by a proven track record of success in significant projects. Ongoing contributions and advancements in the field, along with industry interest demonstrated by Amazon’s intent to rehire, solidified a strong position to advance the proposed endeavor.

Qualifications, skills, and industry recognition collectively established a strong position to advance the proposed endeavor, meeting criteria outlined in both Matter of Dhanasar and the USCIS Policy Manual. Education, extensive experience, technical proficiency, track record of success, and ongoing contributions demonstrated capability to drive innovation and contribute significantly to the field of Advanced Computing – Data Storage Systems and Infrastructure, aligning with national interests in technology advancement and economic competitiveness.

Conclusion

The I-140 was submitted to USCIS in late 2023 and the client received approval within 2 weeks. Premium Processing was selected.

Obtaining an EB-2 NIW for a Russian User Experience (UX) Designer

“She is considered a renowned figure in the technology domain and has contributed to multiple award-winning projects for prestigious institutions.”

Overview

There is a common misconception that EB-2 National Interest Waiver petitions are only suitable for scientists or researchers with extensive publications. However, this is not the case. The regulations and controlling case law make it clear that a vast array of professionals are eligible for the category so long as they meet the regulatory criteria. Below we outline the argument for Ms. Shum’s NIW: 

1. Whether the Proposed Field of Endeavor has Substantial Merit or National Importance: 

Ms. Shum’s contributions in UX design have had a pronounced economic impact on the U.S. Her extensive experience in this niche makes her a valuable asset with endeavors having both national and international implications. Her role in UX Design leads to increased profitability in the tech sector, ultimately bolstering the U.S. economy and its global competitiveness.

Numerous media articles and statistics highlight the importance of UX Design. For instance, the U.S. Bureau of Labor Statistics predicts a 23% job growth for Web Developers and Digital Designers from 2021 to 2031, a rate much higher than the average national growth. Furthermore, articles emphasize the critical role of user experience in attracting customers, citing data like 88% of online consumers being less likely to return after a poor experience, and a well-designed interface potentially boosting conversion rates by up to 400%. This information stresses the value of high-quality UX design in the tech sector.

Several letters of support attached to the record detail the considerable impact and relevance of Ms. Shum’s work in the UX field. These letters, penned by individuals in senior industry roles, laud Ms. Shum’s unparalleled professionalism, innovative approach, and the volume of her work output. Her role in leading companies in the design space, coupled with her understanding of user behavior, have been instrumental in product development. Her work not only increases business metrics but also significantly influences the general economy. Thus, Ms. Shum’s expertise is crucial to the U.S., enhancing the quality of UX design in the tech sector and furthering U.S. competitiveness.

2. Whether the  Applicant is Well-Positioned to Advance the Proposed Endeavor:

To ascertain whether an individual is well-positioned to advance the proposed endeavor we look to the criteria set forth in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Typically, several factors are considered. These encompass the individual’s education, skills, record of success in related areas, future plans, progress made in the endeavor, and interest shown by relevant entities or individuals in his field. 

In the process of architecting a persuasive argument, emphasis was placed on Ms. Shum’s background, expertise and future plans in the United States. Her academic credentials, notably a degree comparable to a Master of Architecture, and her 22-year journey across diverse sectors such as financial services, edtech, agtech, and government were foundational to our argument. This extensive experience showcased her unparalleled proficiency, from spearheading UX designs for crucial financial tools to creating impactful Android and iOS applications.

Significant weight was also given to her celebrated collaborations and contributions. Ms. Shum had associated with award-winning initiatives, consistently showcasing her ability to deliver excellence. Furthermore, her instrumental roles in elite organizations and the breadth of her influence were accentuated, as she had shaped user experiences for platforms serving millions. Testimonials from industry luminaries, including commendations from notable figures, reinforced the significant value she brought to the U.S. tech landscape.

Conclusively, it was articulated that Ms. Shum wasn’t merely an achiever of the past; she had charted new pathways and set trends in the UX design arena. Given her immense knowledge, a history filled with substantial contributions, and endorsements from industry stalwarts, Ms. Shum had undeniably been poised to excel in her endeavors in UX Design.

3. Whether it Would be Beneficial to the United States to Waive the Requirements of a Job Offer and thus a Labor Certification 

To evaluate if it would be in the national interest to waive the individual’s job offer requirements and associated labor certification, several criteria were taken into account. These factors include: the feasibility for the individual to secure a job offer or for the petitioner to obtain a labor certification due to the specific nature of his qualifications or proposed endeavor; the potential benefit the United States would receive from her contributions, even if other qualified U.S. workers are available; and the urgency of the national interest in her contributions, making it compelling to bypass the labor certification process, as referenced in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016).

From the information presented, it was evident that waiving the job offer and labor certification requirements would benefit the United States. Factors presented on behalf of Ms. Shum included the nature of her qualifications, the impracticality of obtaining labor certification, and the national urgency of her contributions. Ms. Shum’s track record in UX Design as well as her unique skill set and expertise demonstrated the tangible benefits she offers to the U.S.

Conclusion

A special thanks to Ms. Shum for agreeing to participate in this case study. We are proud that she chose Path Immigration Law Group to assist her on her immigration journey. 

Obtaining an EB-2 NIW for a Japanese Executive

“Mr. Minami advised us that during his consultation with another attorney he was advised that applying for a National Interest Waiver in the EB-2 category would be a “waste of money”.”

Overview

There is a common impression that EB-2 National Interest Waiver petitions are only suitable for scientists or researchers with extensive publications. However, this is not the case. The regulations and controlling case law make it clear that a vast array of professionals are eligible for the category so long as they meet the criteria. Below we outline the argument for Mr. Minami’s NIW: 

1. Whether the Proposed Field of Endeavor has Substantial Merit or National Importance: 

a. Substantial Merit

In the presented case, Mr. Minami’s proposed field of endeavor was identified as International Executive Recruitment, focusing on Job Creation for U.S. Workers by Japanese Companies. His endeavor was geared towards job creation for U.S. workers by adeptly matching qualified candidates with fitting job opportunities within client firms. This initiative not only held significant merit for its potential economic impact on the U.S. but also underlined the importance of bolstering the operations of Japanese companies within the U.S. to facilitate job growth.

Several expert letters noted Mr. Minami’s unique positioning to bolster U.S. economic growth through job creation and talent retention. The letters emphasized Mr. Minami’s proficiency in optimizing hiring strategies and accentuated how his expertise would fill critical roles, promoting U.S. economic growth and competitiveness. These attestations unequivocally validated that Mr. Minami’s endeavor was of substantial merit, aiming at enhancing the U.S. economy through strategic job placements.

b. National Importance

Mr. Minami’s initiative holds vast significance, aiming to generate employment and substantially benefit the U.S. economy. The USCIS Policy Manual, alongside the cited Matter of Dhanasar, emphasize the paramount nature of endeavors that lead to job creation and other positive economic effects, especially in economically challenged areas. Mr. Minami’s focus was to simplify the matching of adept candidates to apt job openings, fueling U.S. employment and the consequent economic surge. His expertise in pinpointing such candidates, especially for senior roles, not only streamlined job creation but also catalyzed business expansion and innovation, further emphasizing its national significance.

The tangible outcome of proficient job creation is reflected in augmented market dynamics and productivity. Employed individuals exhibit increased purchasing capabilities, amplifying consumer spending, and in turn, propelling demand for diverse services and products. This positive economic spiral augments business revenues, spurring companies to innovate, invest, and grow. Furthermore, Quartz’s 2017 article elucidated the symbiotic economic relationship between the U.S. and Japan, highlighting that Japanese companies provided employment for nearly 840,000 Americans, further corroborating the vital role of Mr. Minami’s efforts. Given the myriad positive effects of his endeavors, Mr. Minami undeniably met the set criterion for national importance.

2. Whether the  Applicant is Well-Positioned to Advance the Proposed Endeavor:

To ascertain whether an individual is well-positioned to advance the proposed endeavor we look to the criteria set forth in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Typically, several factors are considered. These encompass the individual’s education, skills, record of success in related areas, future plans, progress made in the endeavor, and interest shown by relevant entities or individuals in his field. 

Mr. Minami’s potential to further his proposed venture, facilitating job creation for U.S. workers by seamlessly connecting qualified candidates with fitting opportunities, was assessed against a multifaceted set of criteria. These encompassed his educational foundation, expertise, history of achievements in similar domains, a structured model for upcoming endeavors, and the tangible steps he had already undertaken towards his venture. Boasting an impressive 17-year professional trajectory, his foundational academic credential was a Bachelor of Arts degree in Economics from US institution. Coupled with this, his eclectic experiences in M&A, consulting, and a deep comprehension of human resource strategies firmly placed him as a pivotal figure to advance his venture.

Further evidencing his potential, Mr. Minami co-founded VantagePoint K.K., an executive search firm, and saw it achieve phenomenal success, facilitating placements for over 500 high-ranking professionals. His commitment and results didn’t go unnoticed, earning him accolades such as the “Outstanding Recruiter of the Year.” The next chapter of his career saw the acquisition of his firm by JAC Recruitment Co., Ltd., post which he ascended to the role of President of JAC Recruitment (U.S.) Inc. This continued leadership in the recruitment arena was substantiated by glowing testimonials from both colleagues and industry stalwarts, attesting to Mr. Minami’s profound impact and unparalleled skills, further reinforcing his aptitude to realize his proposed endeavor.

3. Whether it Would be Beneficial to the United States to Waive the Requirements of a Job Offer and thus a Labor Certification 

To evaluate if it would be in the national interest to waive the individual’s job offer requirements and associated labor certification, several criteria were taken into account. These factors include: the feasibility for the individual to secure a job offer or for the petitioner to obtain a labor certification due to the specific nature of his qualifications or proposed endeavor; the potential benefit the United States would receive from her contributions, even if other qualified U.S. workers are available; and the urgency of the national interest in her contributions, making it compelling to bypass the labor certification process, as referenced in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016).

From the information presented, it was evident that waiving the job offer and labor certification requirements would benefit the United States. Factors presented on behalf of Mr. Minami included the nature of his qualifications, the impracticality of obtaining labor certification, and the national urgency of his contributions. Mr. Minami’s track record in International Executive Recruitment, especially in job creation for U.S. workers by Japanese companies, underpinned the strength of his case. His unique skill set and expertise, combined with his dedication to propelling U.S. employment, demonstrated the tangible benefits he offers to the U.S.

Conclusion

We are proud to say Mr. Minami’s EB-2 NIW petition was approved by USCIS. We are honored to have been a part of such an important process for Mr. Minami and his family.

Obtaining a Green Card for an Extraordinary Automotive Designer

“We were approached to explore permanent immigration options for an automotive designer who was working in the US for an international automotive brand on a non-immigrant visa.”

Overview

There is a common impression that EB-2 National Interest Waiver petitions are only suitable for scientists or researchers with extensive publications. However, this is not the case. The regulations and controlling case law make it clear that a vast array of professionals are eligible for the category so long as they meet the criteria. Below we outline the argument for this particular client: 

1. Whether the Proposed Field of Endeavor has Substantial Merit or National Importance: 

In the case we reviewed, the specific endeavor had created both a positive environmental and economic impact at the national level within the United States and internationally in the relevant field. This had contributed to the advancement of global environmental sustainability and protection initiatives. The individual in question had been exceptionally skilled, with years of experience in the specialized area of sustainable design, which was undeniably of substantial intrinsic merit. The endeavors proposed by this individual had both national and international implications. We had argued that the petitioner had shown an intent to continue work in the promotion, conceptualization, and production of sustainable materials and design for current and future automotive technology.

Path Immigration Law Group is proud to have represented Saumya Bhatnagar and played a role in her journey to obtaining a green card. As an accomplished entrepreneur and advocate for the transformative power of technology, Saumya embodies the spirit of innovation and determination that Path Immigration Law Group is committed to supporting.

2. Whether the  Applicant is Well-Positioned to Advance the Proposed Endeavor:

To ascertain if the individual was well-positioned to advance the proposed endeavor, several factors were considered. These encompassed the individual’s education, skills, record of success in related areas, future plans, progress made in the endeavor, and interest shown by relevant entities or individuals in her exceptional skills. According to Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), these criteria played a pivotal role.

The individual’s credentials were impressive. She held advanced degrees in design from reputed institutions in Europe. With over two decades of professional experience in sustainable design, she had earned a scholarship to further her studies. The individual’s contributions to major design and architecture firms were significant, including roles at internationally recognized automotive design studios. Her innovative work, especially in sustainable design for the automotive industry, had a profound impact. Her focus on sustainability, evidenced by collaborations with elite companies and sustainable material suppliers, made her an invaluable asset in the drive toward more environmentally-friendly automobiles.

Throughout her career, the individual had achieved recognition at global events and had received prestigious design awards. Furthermore, expert letters and collaborations with leading organizations, including top-tier automotive companies, testified to the importance and impact of her work. The individual’s comprehensive education, vast experience, significant role in award-winning projects, and continued interest from industry giants positioned her exceptionally well in her field of sustainable design.

3. Whether it Would be Beneficial to the United States to Waive the Requirements of a Job Offer and thus a Labor Certification 

To evaluate if it would be in the national interest to waive the individual’s job offer requirements and associated labor certification, several criteria were taken into account. These factors include: the feasibility for the individual to secure a job offer or for the petitioner to obtain a labor certification due to the specific nature of her qualifications or proposed endeavor; the potential benefit the United States would receive from her contributions, even if other qualified U.S. workers are available; and the urgency of the national interest in her contributions, making it compelling to bypass the labor certification process, as referenced in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016).

From the information presented, it was evident that waiving the job offer and labor certification requirements would benefit the United States. The petitioner had an advanced degree aligned with the proposed endeavor and demonstrated notable expertise in a niche domain, sustainable design. The significance of research and technological advancements in sustainable design within the automotive industry holds potential impacts for U.S. national competitiveness. Moreover, her contributions in this field were so crucial that they would serve the national interest considerably more than those of another U.S. worker with similar qualifications. This significance was further underscored by her continued association with major U.S.-based organizations that recognized the value of her expertise. Given her history of impactful research in areas promoting U.S. interests, the country would derive substantial benefits from her continued contributions, even if other qualified U.S. workers were available.

In support of her contributions, evidence highlighted her award-winning work showcased at top-tier technology conferences. The relevance and importance of her findings, especially in relation to U.S. educational interests, indicated that she engaged in activities with profound impacts on sustainability and design education, further benefiting elite institutions. Lastly, her work had garnered public interest within the U.S., with numerous prominent publications and media outlets covering her significant contributions.

Conclusion

We are proud to say our client’s NIW petition was approved by USCIS. She is now awaiting completion of her permanent residency process. 

Obtaining a Green Card for an Innovator, Entrepreneur, and Technology Advocate

“Saumya Bhatnagar is a trailblazing tech entrepreneur with a passion for leveraging artificial intelligence to drive meaningful change in the world.”

Overview

Saumya’s journey began in New Delhi, where she co-founded a startup right after high school, focused on using technology to reduce gender-based abortions in India. Her pursuit of innovation continued as she earned her Bachelor’s degree in Computer Science and later completed her Master’s in Computer Science at the University of California, Santa Cruz, specializing in Natural Language Processing.

Throughout her career, Saumya has consistently demonstrated a strong record of academic and hands-on work performance, establishing herself as an experienced software leader with a history of positive project outcomes. Her dedication and vision led her to Path Immigration Law Group, where she sought assistance with various immigration matters.

Before involve.ai, Saumya served as the CTO and Co-founder of Involve in Santa Monica for over six years. There, she led a team of 10 engineers, 2 product experts, 3 customer success managers, and 2 customer support members. She developed product strategy, spearheaded the product roadmap, conducted market research, and ran the customer development process for over 350 CXOs to bring the organization to product-market fit.

Saumya was also a Founder at the Founder Institute in San Diego for four months in 2016. The Founder Institute is a global network of startups and mentors that helps entrepreneurs launch meaningful and enduring technology companies through its four-month pre-seed incubator program.

Her earlier venture, Iti, saw Saumya as a Co-founder and CTO in New Delhi for over five years, where she created Java and Python-based E-PNDT software to combat issues of female foeticide tracking. She led a team of 3 software engineers and developed a machine learning-driven supervised learning model that used certain markers to predict the confidence level of gender-based abortion.

Path Immigration Law Group is proud to have represented Saumya Bhatnagar and played a role in her journey to obtaining a green card. As an accomplished entrepreneur and advocate for the transformative power of technology, Saumya embodies the spirit of innovation and determination that Path Immigration Law Group is committed to supporting.

EB-1A Overview

Obtaining an EB-1A for a Chemical Engineer.

“As a scientist specializing in the area of Decarbonization of gas processing industry, I would like to extend my sincere appreciation to Ashkan, Lea, and their team at Path Immigration Law Group for their exceptional work on my EB-1A case. Their expertise, professionalism, and unwavering dedication to my case resulted in a successful outcome that surpassed my expectations.

I am delighted to recommend Path Immigration Law Group to anyone seeking legal assistance in related cases. Ashkan’s team provided me with excellent guidance and support throughout the entire process.”

Dr. Sufiyan Chaliwalla PhD

Overview

Mr. Challiwala is a citizen of India who obtained his Bachelor of Technology degree in Chemical Engineering from Nirma University in India, where he was awarded “First Class with Distinction”. He then went on to complete his Master of Science and Ph.D. in Chemical Engineering from Texas A & M University, Qatar.

During his Ph.D. studies, Mr. Challiwala developed a novel CO2 conversion technology known as CARGENTM technology, which co-produces multi-walled carbon nanotubes (MWCNT) and syngas. This technology has direct applications in natural gas processing and can convert tons of carbon emission into valuable products. The two products produced by CARGENTM technology, MWCNT and syngas, have significant industry applications and are in high demand. Mr. Challiwala has published several scientific publications in high-quality journals and has filed several invention disclosures on carbon dioxide utilization processes.

In 2019, Mr. Challiwala was awarded the 6th ORYX GTL Award for the Advancement of Post Graduate Education in Qatar. This award recognizes outstanding young individuals destined to be the country’s future industry and academic leaders and celebrates the importance of building post-graduate education capacity in Qatar.

Recently, Mr. Challiwala was nominated for the Breakthrough Energy Fellows program, a new initiative led by Bill Gates. The program provides financial support to fellows to further develop innovative technologies that can reduce CO2 emissions by 500 million tons per year by 2050 and set them on a commercialization pathway. He was identified for this program for his research on the production of high-purity hydrogen from shale gas in the U.S. in the project titled “Advancing CARGENTM Technology for the production of Multi-Walled Carbon Nanotubes and recovery of Hydrogen via LIG Membrane Separation.”

Outcome

After a thorough assessment of Dr. Chaliwalla’s credentials, publications and background, we prepared an EB-1A filing arguing five of the ten enumerated criteria. We filed the petition with standard processing and received an approval.