A Blueprint for Success: EB-2 NIW for a Structural Engineer

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.

1. 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.
2. 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.
3. 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.

Changes in the USCIS Policy Manual

The updated guidance focuses on measures to ensure the authenticity and eligibility of marriage-based green card petitions. With fraudulent petitions eroding public trust and undermining family unity, USCIS has outlined key areas of improvement in its vetting process. As stated in the official announcement, these revisions aim for robust screening of petitions while prioritizing national security and compliance with immigration laws.

Among the critical updates are:

1. Enhanced Documentary Requirements: USCIS has clarified the need for comprehensive documentation to prove that marital relationships are genuine, eligible, and lawful.
2. Coordination with Related Petitions: Adjudicators will pay closer attention to cases involving multiple petitions or those tied to other family relationships.
3. Interview Requirements: Interviews have become more integral to the adjudication process, with clarifications on when they will be mandated.
4. Routing Approved Petitions: USCIS will more closely monitor circumstances in which petitions are sent to the Department of State (DOS) National Visa Center while addressing ineligibility cases.
5. Potential Notices to Appear: The updated guidance states USCIS may issue Notices to Appear (NTAs) if the beneficiary is found removable, underscoring the importance of compliance and thorough preparation.

These new steps suggest an overarching effort to scrutinize marital petitions with greater rigor, which could impact how quickly and smoothly couples can expect their cases to progress.

The Burden of Proof: Still the Same, Yet More Challenging

USCIS adjudicates family-based cases under the standard known as the preponderance of the evidence, requiring applicants to prove that the facts make their eligibility at least more likely than not. While this burden has not changed, the updated guidance appears to empower adjudicating officers to challenge petitions more aggressively, particularly in identifying gaps or inconsistencies in evidence.

At IBP Immigration Law, we’ve always approached marriage-based green card petitions with the expectation that every element of the case must be carefully documented. It’s now clearer than ever that shallow or incomplete documentation won’t suffice. USCIS’s updated policy seems designed to push the boundaries of the burden of proof, creating new opportunities for officers to deny petitions on technicalities and scrutinizing substantive issues mor than before.  There is also no room for error.  They don’t have to issue Requests for Evidence (RFEs) if thy need more information or documentation.

Why Working With an Experienced Immigration Attorney Matters

In this evolving landscape, relying on generalized advice or cookie-cutter documentation templates is risky. Marriage-based green card petitions require not just evidence of the relationship but evidence that meets the heightened scrutiny USCIS now applies. Here’s why it’s essential to work with an experienced attorney:

1. Petition Strength: We ensure that your petition meets the preponderance of the evidence standard by building a strong, comprehensive case tailored to your circumstances. Every piece of evidence—from civil documents to relationship affidavits—is strategically placed to fulfill specific USCIS requirements.
2. Interview Preparation: Interviews are becoming a central part of the green card process, and preparation is crucial. We help couples anticipate the questions, address potential challenges, and present themselves professionally and confidently.
3. Identifying and Addressing Issues Early: USCIS’s stricter approach means more opportunities for officers to uncover alleged “gaps.” By working proactively, we identify and resolve any potential weaknesses well before your petition is submitted. Some of these issues include visa denials, arrests, working without authorization, overstays, history of immigration violation, and others.
4. Anticipating Pushback: With USCIS prioritizing fraud detection and compliance, we prepare for heightened scrutiny at every stage. From initial filing to interview day, we ensure your case can withstand the toughest review.

Don’t Go Through This Alone

For couples navigating the green card process, the stakes have never been higher. These policy changes reflect a broader shift toward stricter enforcement, underscoring the need for careful case preparation and expert guidance.

At IBP Immigration Law, we’ve been crafting strong, RFE-proof petitions that meet the preponderance of the evidence standard for years. Our attorneys are skilled at anticipating adjudicators’ concerns, assembling robust evidence, and preparing couples for interviews to ensure smooth green card approvals.

If you and your spouse are considering a marriage green card and want to ensure your petition is airtight, contact us today for a free case evaluation by clicking here. Let us help you navigate these changes and get your case approved with confidence.

Marriage is a commitment worth protecting. Don’t let evolving immigration standards stand in the way of your future together. With the right legal team, you can overcome these challenges and achieve your goals.

What Makes EB-1A Petitions Unique

The EB-1A visa category is reserved for individuals who can prove sustained national or international acclaim and whose achievements are recognized in their field through extensive documentation, as stated in the USCIS Policy Manual. To qualify under this category, you must satisfy three overarching requirements:

1. Demonstrate Extraordinary Ability: You must prove extraordinary ability in your area of expertise. This ability should be showcased through a sustained history of recognition at the national or international level.
2. Continue Work in Your Area of Expertise: Your petition must show that you intend to keep working in your field of achievement.
3. Benefit the United States Substantially: You must establish that your presence and work in the U.S. will contribute significantly to the country.

To meet these requirements, you can either prove a one-time achievement (like a Pulitzer, Oscar, or Olympic Medal) or meet at least three of the ten criteria listed by the USCIS.

Breaking Down EB-1A Criteria—The Power of an Element-Based Checklist

Each of the ten criteria for EB-1A eligibility has specific elements that must ALL be satisfied. Addressing these elements comprehensively is the key to avoiding Requests for Evidence (RFEs) and strengthening your petition.

Let’s use the “original contribution” criterion as an example. According to the USCIS Policy Manual, this criterion requires proving two distinct elements:

1. Original Contribution: The work must be unique and innovative.
2. Major Significance: The contribution must have had a substantial impact in your field.

It’s not enough to submit evidence of a patent, a published paper, or prestigious collaborations; you must show the originality of your work and the significance of its impact. How has your innovation influenced your field? Did leading experts cite it? Was it implemented widely? These details make the difference between meeting the criterion and falling short.

This is why I’ve developed my element-based checklist system to RFE-proof EB-1A petitions. For each of the ten criteria, I break down the individual elements and work systematically with clients to assemble tailored evidence.

Steps to Build Your Petition

When I begin working with a client, I follow this deliberate process:

1. Identify Target Criteria: Based on your profile, we select the EB-1A criteria most relevant to your accomplishments.
2. Break Down Elements: For each selected criterion, we analyze its USCIS-defined components, referencing the policy manual.
3. Assess Evidence: We evaluate your existing documentation and identify gaps.
4. Strategize Evidence Placement: Each piece of evidence is positioned strategically to directly serve a purpose within the framework of the criteria’s elements.

Unlike some approaches that rely on submitting as much evidence as possible (“throwing everything against the wall”), this targeted strategy ensures your evidence is compelling, organized, and precisely aligned with USCIS expectations.

Your Free EB-1A Case Evaluation

As immigration policies become more rigorous, it’s vital to analyze your EB-1A petition critically from the outset. My checklist system reduces uncertainty, strengthens petition approval rates, and minimizes RFEs.

If you’re ready to find out whether you qualify, I invite you to complete a free evaluation by submitting your case information using this form. I’ll respond with insights and discuss how we can work together to build a successful petition.

The EB-1A process is admittedly complex. But with the right structure and intention, you can turn extraordinary achievements into a viable future in the United States. Let my methodical, element-based approach help guide your success.

The Dhanasar Standard: A Shift in Focus

The legal foundation for all modern NIW petitions is the 2016 precedent decision, Matter of Dhanasar. This ruling established a three-part test for NIW eligibility, which USCIS officers use to evaluate every petition:

1. Substantial Merit and National Importance: The proposed endeavor must have both qualities.
2. Well-Positioned to Advance the Endeavor: The foreign national must demonstrate they are well-positioned to advance the proposed endeavor.
3. Beneficial to the United States: On balance, it must be beneficial to the U.S. to waive the job offer and labor certification requirements.

The most recent policy manual, which provides officer guidance for interpreting Matter of Dhanasar, reinforces that the term “endeavor” is more specific than a general occupation. It requires petitioners to provide details about the specific projects and goals they propose to undertake. For example, instead of simply listing the duties of an engineer, you should describe the specific projects you’ll work on and the area of engineering you’ll specialize in.

The Importance of Specificity

Specificity is the most crucial element in structuring your endeavor. You must move beyond broad, general statements and drill down into a precise career narrative. This narrative should connect your past credentials, your current position, and the very specific skill you bring to advance your expertise in the form of a nationally important endeavor.

For example, simply saying your endeavor is “AI-related” is not enough. You must explain how you intend to use AI and how it will be leveraged to create a national impact. Will you leverage AI to study molecular and chemical interactions to advance drug discovery in an R&D department? Or will you use it to develop a new manufacturing process that will make U.S. industries more competitive? These specific details are what make an endeavor compelling.

It’s about demonstrating a specific plan for your work, not just your general profession. Assertions about the general importance of an entire field, such as classroom teaching or entrepreneurship, are insufficient on their own. USCIS wants to see how your individual endeavor has broader implications for a field, a region, or the public at large.

An individual developing a drug for a pharmaceutical company, for instance, can establish national importance by demonstrating the prospective public health benefits of the drug, not just the profits it will generate for the employer. Similarly, a technology developer must show how their work has broader public or commercial implications, such as widespread interest in its adoption or its impact on the development of similar technology by other companies.

If you don’t have a specific idea of how to prove your endeavor has national importance, then your endeavor is likely not NIW eligible.

The Advantage of an Individualized Approach

If this sounds confusing, we agree with you—it is. Every case is unique and requires a highly specific, fact-based inquiry. Comparing your case to someone else’s is often not helpful. Your individual endeavor must be meticulously crafted, and a persuasive legal argument must be made that meets the minimum requirements and convinces the immigration officer.

This is why working with a law firm that hyper-focuses on EB-2 NIWs is so important. At IBP Immigration Law, we don’t offer cookie-cutter petitions. We don’t settle for weak letters or legal arguments. We take an individualized approach to each case and only take cases we feel confident we can win. We know what works and what doesn’t, and we know how to tell your story in a way that is compelling to secure an approval.

We urge you to consider working with IBP Immigration Law for your EB-2 NIW petition. Contact our office today for a free evaluation of your case to see if you qualify.

The Challenge: Practical Expertise, Not Publications

We were approached by a talented mechanical engineer who needed a green card to continue his work in the United States. His area of expertise was elevator engineering—a field that, on the surface, might not seem to have the same “national importance” as, say, developing a new cancer treatment.

Our client had an impressive resume of high-stakes, practical experience. He had worked on complex elevator projects around the world, including on oil rigs—some of the most dangerous and demanding environments imaginable. His work was critical for safety and efficiency in these treacherous settings.

The traditional path of employer sponsorship through PERM Labor Certification would have been a straightforward process, but the long processing times were simply not a viable option for him. The client had a master’s degree in mechanical engineering, which made him eligible for EB-2, but he had no publications. His expertise was demonstrated through his work history, not academic contributions.

Our Solution: Crafting a Creative and Compelling Narrative

The key to a successful NIW petition is proving that the proposed endeavor has “substantial merit and national importance.” We knew that simply saying “he designs elevators” would not be enough. Our legal strategy centered on connecting his practical expertise to a clear and urgent national interest.

We sat down with our client to understand the intricacies of his work. We learned that his skills were directly related to advancing “vertical transportation device technology” for the safety and benefit of Americans. We created a proposed endeavor that framed his work within the context of a growing U.S. urban infrastructure and the critical need for safe, reliable vertical transportation.

We argued to USCIS that his expertise was essential to ensuring the safety of American citizens—especially those with disabilities who rely on elevators to navigate public spaces. By allowing an expert like our client to contribute to this sector, we could prevent preventable injuries and deaths from elevator accidents. We emphasized that his work wasn’t just about building machines; it was about protecting public welfare in our increasingly vertical cities.

This individualized, creative approach moved beyond the “cookie-cutter” researcher petition and focused on the real-world impact of his work.

The Results: A Swift and Successful Outcome

The results speak for themselves. Our client’s EB-2 NIW petition was approved in just three months without a Request for Evidence (RFE). This rapid approval demonstrates the strength of a well-crafted, compelling case.

What is the EB-1A Visa?

The EB-1A visa, officially known as the Employment-Based First Preference Immigrant Visa for Aliens with Extraordinary Ability, allows qualifying individuals to obtain a U.S. green card. Unlike other employment-based visa categories, the EB-1A does not require a job offer or labor certification, affording a significant degree of freedom to the visa holders in terms of employment.

Eligibility Requirements

Under the Immigration and Nationality Act, specifically Section 203(b)(1)(A), the EB-1A visa is designed for individuals who have risen to the very top of their field of endeavor and whose achievements have been recognized in the form of extensive documentation. To qualify for this visa, applicants must meet at least three of the ten criteria set by U.S. Citizenship and Immigration Services (USCIS), or provide evidence of a one-time achievement (e.g., a Pulitzer, Oscar, or Olympic Medal). Here’s the eligibility criteria”

1. Receipt of Lesser Nationally or Internationally Recognized Prizes or Awards for excellence in the field.
2. Membership in Associations that require outstanding achievements of their members, as judged by recognized national or international experts.
3. Published Material About the Applicant in professional or major trade publications or other major media.
4. Participation as a Judge of the work of others in the same or an allied field.
5. Original Contributions of Major Significance in the field.
6. Authorship of Scholarly Articles in professional journals or other major media in the field.
7. Artistic Exhibitions or Showcases
8. Leading or Critical Role for distinguished organizations.
9. High Salary or Remuneration in relation to others in the field.
10. Commercial Successes in the performing arts, evidenced by box office receipts or sales.

Each of these criteria is intended to demonstrate that the applicant is recognized in their field as being among the best, and their achievements are well-documented and validated by peers.

The Application Process

Applying for an EB-1A visa requires meticulous preparation and strategic documentation to effectively demonstrate one’s extraordinary ability and the likelihood of continued prominence in their field. Here’s a step-by-step guide to navigating this process.

Step 1: Initial Assessment

Before anything else, determine your eligibility for the EB-1A visa category. You can start by filling out a preliminary assessment form available here, which helps our skilled online immigration attorney at IBP Immigration Law understand your background, achievements, and the scope of your expertise. This initial evaluation is critical to setting a strong foundation for your application.

Step 2: Gathering Evidence

Collect comprehensive evidence that aligns with the USCIS criteria for extraordinary ability. This includes, but is not limited to:

• Documentation of awards and honors in your field.
• Evidence of membership in associations that require outstanding achievements.
• Publications and media articles about your work.
• Letters of recommendation from peers or significant figures in your field who can attest to your contributions and recognition.
• Proof of a high salary or other significant remuneration indicative of your extraordinary ability.

Step 3: Document Preparation

Compile and organize the evidence into a compelling application package. This should include a well-structured petition letter outlining your qualifications, the significance of your contributions to the field, and how you plan to continue your work in the United States. The documentation should not only meet the USCIS criteria but also be presented in a manner that clearly establishes your standing and impact in your field.

Step 4: Filing the Petition

Submit Form I-140, Petition for Alien Worker, to USCIS, along with your comprehensive dossier of supporting documents. This form is the formal request for your EB-1A status and must be meticulously filled out to ensure all information is accurate and corresponds with the evidence provided.

Step 5: USCIS Review and Response

After submission, your application will undergo a rigorous review by USCIS. During this period, be prepared to respond to any requests for additional evidence (RFE) that might arise. An RFE does not mean a denial but rather that USCIS needs more information to make an informed decision on your case.

Step 6: Consulting with an Immigration Attorney

Engaging with an experienced immigration attorney from IBP Immigration Law can significantly influence the outcome of your application. Our attorney can provide guidance throughout the process, from the initial assessment to the final submission. 

Step 7: Final Decision and Beyond

Once USCIS has all the required information, a decision will be made. If approved, you will be granted a green card under the EB-1A category. Our team can continue to assist you with any post-approval queries and future immigration planning.

Get Started on Your EB-1A Application Today

The EB-1A visa represents not just an opportunity to live and work in the United States but also a recognition of your contributions to your professional field. At IBP Immigration Law, we are prepared to help you demonstrate your extraordinary abilities and optimize your chances of success.  To get started on your path to the U.S., contact us today.