The Client: A Proven Professional with a Vision
Our client, an Indian national, holds a Master’s degree in structural engineering from a U.S. university. With a professional engineering (P.E.) license in the southern U.S., he was a critical team member on several major bridge engineering projects. He was in the U.S. on an H-1B visa, with his spouse holding an H-4 visa. Their goal was to gain independence from his employer and secure an approved I-140 petition quickly so his spouse could apply for a work permit.
The challenge? While the client had a strong professional background, his academic portfolio was lean, consisting of just two research papers with no citations. This is a common hurdle for industry-focused professionals who prioritize practical, on-the-job innovation over traditional academic research. The USCIS’s Matter of Dhanasar standard requires a three-prong test, and proving substantial merit and national importance can be difficult without a long list of publications.
The Strategy: Shifting the Focus to National Need
Our approach was to build a comprehensive case that framed our client’s work as essential to the U.S. national interest, focusing on the three prongs of the NIW test.
- Substantial Merit and National Importance
Instead of relying solely on a research record, we focused on the proposed endeavor itself: “to design new bridges and reengineer existing bridge infrastructure using advanced construction materials and inspection techniques, thereby contributing to the resilience of America’s infrastructure.”We established the national importance of this work by leveraging external, third-party evidence. We incorporated reports from the American Society of Civil Engineers (ASCE) and referenced government initiatives like the Infrastructure Investment and Jobs Act (IIJA) to show that American infrastructure—particularly bridges—is in urgent need of modernization and repair. This strategy effectively demonstrated that our client’s work aligned with a clear and pressing national priority, corroborating the need for his skills. - Well-Positioned to Advance the Endeavor
We provided extensive documentation to prove our client’s expertise and ability to lead this endeavor. While his publication record was modest, his professional engineering license and ample evidence of his past work were powerful indicators of his qualifications. We included signed-off project plans and technical drawings to showcase his direct involvement in significant bridge projects.We further strengthened this prong by obtaining four strong testimonial letters from his industry peers. These letters, written by respected professionals, spoke directly to his unique skills and the value he brings to his field, attesting to his capacity to advance the proposed work. - On Balance, Beneficial to the U.S.
We argued that it would be in the national interest to waive the employer sponsorship requirement. Our client’s work on advanced materials like ultra-high-performance concrete and novel inspection techniques is at the cutting-edge of the field. This innovation is crucial for making bridges more resilient and extending their service life, saving time and taxpayer money. It would be detrimental to force this work through the lengthy and restrictive PERM labor certification process, which could impede his ability to contribute to these vital projects.
The Outcome: A Swift and Successful Approval
We filed the I-140 petition on July 17, 2025, using premium processing. In a remarkable turnaround, the case was approved without a Request for Evidence (RFE) on August 29, 2025—just 43 days later. This swift approval allowed our client to begin the next phase of his green card journey and, crucially, enabled his spouse to quickly apply for an H-4 work permit.
This case is a testament to the fact that the EB-2 NIW is not just for academics. For professionals with a strong track record of applied expertise and a clear vision for how their work benefits the United States, the NIW is an incredibly viable path to permanent residency. By focusing on the practical impact of a proposed endeavor and supporting it with compelling evidence from the industry and government, we can build a winning case that stands on its own merits.
Ready to take control of your immigration journey? If your work has a significant impact on the national interest, you may be a strong candidate for an EB-2 NIW petition. Get your free case evaluation here.
