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.
