Background

Ms. Anna Shum is a Russian-born, Australian-based User Experience (UX) Designer. She approached Path Law Group in hopes of securing permanent residency in the United States. After evaluating her options we advised that she pursue an EB-2 National Interest Waiver. An overview of her case is below.

Ms. Shum is an established UX Designer with over two decades of professional experience. She holds the equivalent of a U.S. Master of Architecture degree. She is considered a renowned figure in the technology domain and has contributed to multiple award-winning projects for prestigious institutions. A particular highlight is her instrumental role in developing the Figured financial budgeting tool, which now aids over 30,000 farmers and advisors and has clinched several accolades.

Throughout her career, Ms. Shum has consistently demonstrated innovation and expertise in UX design and strategy, particularly within the entertainment sector. She has significantly influenced the UX design for a variety of multimedia software applications, including VR systems and computer games. She helmed the product design for on of Europe’s leading entertainment broadcasting group. In the subsequent years, her design expertise was sought after by premier firms where she crafted immersive user experiences for high-caliber clients, including BMW, LG, and Spark New Zealand.

Ms. Shum’s diverse experiences have also made waves in the realms of education technology and financial technology.. As her career timeline indicates, Ms. Shum stands as a powerhouse in the design industry, continually pushing the boundaries of UX design across a myriad of platforms and industries.

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 Law Group to assist her on her immigration journey. 

Background

Path Law Group was approached by Kenji Minami, a citizen of Japan, to pursue permanent immigration options in the United States. 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”. However, after a thorough evaluation of his qualifications, we concluded that the EB-2 National Interest Waiver would indeed be his best option.

Kenji pursued his higher education in the U.S., graduating with a Bachelor of Arts Degree in Economics from the University of San Francisco in 2006. Through his education, he gained a deep understanding of economic principles, human behavior, and analytical methods, which have proven invaluable in his professional journey, especially in the realm of executive recruitment. 

After graduating, Kenji honed his expertise through various roles at prestigious institutions such as Aozora Bank, JP Morgan Securities Japan CO., Ltd., PricewaterhouseCoopers Advisory LLC, and Jefferies Japan Securities. In 2012, leveraging his vast experience, Kenji founded his own executive search firm, VantagePoint K.K., specializing in high-level recruitment for consulting firms and financial institutions in Japan. Despite the competitive market, VantagePoint achieved remarkable success, placed over 500 top-tier professionals and won several industry accolades. These achievements were the foundation for a successful EB-2 NIW application. The details are discussed below.

 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.

Background

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. During the client interview we evaluated several routes to permanent residency. At the time of consultation, the Biden Administration had recently released updated guidance on the National Interest Waiver, followed by USCIS Policy Memo updates. This was an encouraging sea-change considering the shroud of mystery and inconsistency that previously plagued the EB-2 NIW process. 

“Jane” possessed a dual Master’s degree as well as nearly two decades of experience in her field. The EB-1A was also an option, but considering the inconsistencies in those adjudications we concluded that the National Interest Waiver would be the most suitable route. 

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 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 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.