CLIENT: Computer Scientist

CASE TYPE: EB-2 NIW

Obtaining an EB-2 NIW for a Computer Scientist specializing in Computing Architectures

CLIENT:

Computer Scientist

FIELD OF PROPOSED ENDEAVOR:

Advanced Computing – Computing Architectures and Distributed Systems

DEGREE:

Masters Degree

YRS OF EXP:

6

OUTCOME:

NIW Approved

Background

This case study examines the successful EB-2 NIW (National Interest Waiver) application of a Master’s Degree professional in the field of Advanced Computing – Computing Architectures. Our client is an Chinese-born software engineer working at a Fortune 10 tech company in the United States. He approached Path Law Group in hopes of securing an approved I-140 (EB-2 National Interest Waiver). 

Our client holds a Master’s degree in Computer Science from a reputable university in the United States. His professional experience spans several years at two leading companies, where he excelled in software engineering, particularly in search infrastructure. He successfully led projects that enhanced search systems, significantly reducing search latency and improving system scalability. His technical skills span multiple programming languages and systems, such as distributed systems and system architecture. Demonstrated through various exhibits, his work improved the efficiency and performance of large-scale systems, contributing to the advancement of technological innovations and the robustness of digital infrastructures. His continued role at a top tech company underscores his value and impact in the industry. Additionally, the proposed endeavor advances several key objectives for the United States and underscores the significance of the applicant’s work in essential technology sectors. Below is an examination of the applicant’s qualifications.

EB-2 National Interest Waiver (NIW) Overview
EB-2 Category Basic Requirements:
  • Advanced Degree or Unique Expertise: The applicant must hold an advanced degree (or a foreign equivalent) or demonstrate exceptional ability in their field (sciences, arts, or business). Exceptional ability means a degree of expertise significantly above that ordinarily encountered.
  • National Interest Waiver (NIW) Specific Requirements:
    • Benefit to the U.S.: The foreign national’s proposed endeavor must have both substantial merit and national importance. This can be in a range of areas including, but not limited to, business, entrepreneurialism, science, technology, health, education, or culture.
    • Well-Positioned to Advance the Proposed Endeavor: The applicant must be well-positioned to advance the proposed endeavor. This means that the applicant should be able to demonstrate, based on their record, that they are likely to succeed in their area of expertise and thus benefit the U.S.
    • Beneficial to the U.S. to Waive the Requirement: The U.S. would benefit from waiving the standard requirement of a job offer and, therefore, the labor certification. In essence, it must be demonstrated that it’s in the U.S. interest to grant the waiver because the applicant’s contributions are so significant.

Additional Points:

  • Labor Certification Waiver: One of the main advantages of the NIW is that the applicant can bypass the labor certification process, which can be time-consuming and cumbersome.
  • Self-petitioning: Eligible candidates can self-petition, meaning they don’t need an employer to sponsor their visa application.
  • Diverse Fields of Endeavor: While traditionally popular among scientists and researchers, the NIW can be pursued by professionals in a wide variety of fields, as long as they can demonstrate that their work is of “national interest”.

It is important to remember that the EB-2 NIW process can be complex and subjective. Each application is unique, and the success often hinges on the quality of evidence provided and the argument made for the national interest. Consulting with an immigration attorney who has experience with NIW petitions can be beneficial.

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.