CLIENT: Software Engineer

CASE TYPE: EB-2 NIW

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

CLIENT:

Software Engineer

FIELD:

Software Engineer in the field of Data Storage Systems and Infrastructure

DEGREE:

Masters Degree

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 – Data Storage Systems and Infrastructure. Our client is an Indian-born software engineer working at a Fortune 25 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. He also demonstrates expertise in data security, processing, and analysis techniques. 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. The applicant’s role involves not only technical contributions but also mentoring and system optimization responsibilities. Innovative implementations, such as enhancing data storage and retrieval capabilities for large payloads, underscore the applicant’s dedication to improving system performance. Furthermore, the proposed endeavor aligns with national security priorities, emphasizing the importance of the applicant’s contributions to critical technology areas. Through a detailed analysis of the applicant’s qualifications and professional achievements, this case study sheds light on the successful application process for skilled professionals in specialized fields such as Advanced Computing. The applicant’s expertise exemplifies the value of skilled immigration in driving innovation and addressing crucial technology challenges in the United States.

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: 

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.