Ali is a cybsercurity professional who recently obtained his I-140 approval towards an EB2 NIW green card. In this category, the petitioner must prove he is an advanced degree holder (or a person of extraordinary ability) and that he complies with the so-called Matter of Dhanasar. This is a three pronged test that includes detailing an endeavor for the work in the United States and why it is of National Importance, describing why he is well-positioned to advance such an endeavor, and why on balance it is beneficial to the US to waive the requirement of a job offer. I recently sat down with Ali for an interview in my YouTube channel.
How I know Ali: a client from NIW Express Review
In the case of Ali, I met him a couple of months ago when he approached me for an Express Review after he got a Request for Evidence for the original EB-2 NIW petition he had submitted to USCIS. As part of the Express Review, I looked at the RFE letter and provided him with comments about what USCIS means in each portion of it, as well as I looked at his original I-140 petition cover letter to give him my opinion of what could be improved. That way, he could then go on to draft a succesful RFE response. We met for one hour to discuss my comments and he did just that: he submitted the response and got his approval in a matter of days.
Ali´s timeline for the I-140 approval, including RFE
He started preparing his original I-140 package in June 2023 and it took approximately three months for him to get everything ready for submission to USCIS. He used Premium Processing to expedite the decision. That’s why once he submitted his petition in September 2023, it only took days to receive the Request for Evidence from USCIS. He then contacted me and we met in October to discuss his case. On November 16 2023 he submitted his response to the RFE and after three weeks USCIS notified him of his I-140 approval.
The reason for USCIS Request for Evidence
In this case, the petitioner received an RFE from USCIS asking for more details on his proposed endeavor in the US and why it was of National Importance. USCIS recognized that Ali was well-positioned, due to his many achievements and contributions to the field. However, because he failed prong 1, he also failed prong 3 (on balance).
Ali’s endeavor: securing the Internet of Things
Ali is a Computer Engineer working in the IT industry since 2007. He worked in Turkey, Germany, and is currently in the US. He did his Masters in Computer Engineering in the United States and now holds an OPT work permit. His proposed endeavor, explained in his response to the RFE was: to mitigate the cybersecurity threats targeting IoT devices and platforms by using hardware security modules (HSM).
Following my opinion, Ali provided more details about his future work in the US both in the RFE response letter and with a professional plan attached to this response. Additionally, he included more evidence of why his endeavor will impact the US as a whole. He touched on the importance of his project for different sections, including the financial sector, consumer products, and health care (this is the sector in which he currently works).
Prong 2: How Ali showed he is well positioned
USCIS did not challenge Ali’s prong 2 in the RFE. To convince the USCIS officer, Ali submitted evidence regarding his qualifications (education, including Bachelor and Masters), together with his contributions developing IoT products in the health care sector (with proof showing the importance of each one), conferences attended, and 8 recommendation letters, both from academic and non-academic profiles.
Ali’s advice to others
In the interview, Ali mentioned how he benefited from online resources to craft his petition. He specifically mention Oscar’s Green Card YouTube channel, where he found guidance on how to approach the National Interest Waiver application. He also mentioned that some people may need to contact a lawyer or other type of advisor to help with reviewing and solving questions that may arise along the way (the same way he contacted me for a review).
Ali also highlighted the level of commitment that an EB2 NIW Do-It-Yourself petition requires. The applicant must prove everything that is claimed in the petition, and that requires writing skills and the actual evidence to back things up (including government documents or recommendation letters).
Finally, he encouraged potential petitioners to apply if they have the achievements and project of national importance for the US.
Getting the approval: the happiness of learning the news
Ali’s NIW approval came before the end of the year, just in time for the holiday season. He was very happy to see that all the hard work and the number of hours invested paid off. Now he still needs to wait a little bit longer for the visa bulletin to allow him to file the adjustment of status (form I-485) at which point he will be able to obtain the desired green card.