EB-2 NIW Case Study: Mexican Cybersecurity Expert Strengthening U.S. National Security

The primary challenge in this case was ensuring that every element of the legal strategy was backed by verifiable evidence. In EB-2 NIW cases, it’s not enough to describe a professional’s qualifications or intentions. Claims must be supported by documentation that demonstrates past success and future impact.

Attorney Aguilar explained that the key to building a compelling petition was collecting the necessary evidence to support each argument in the strategy. For petitioners in this visa category, it’s critical to show that they have been previously successful in similar projects or plans. This means gathering certificates, recognition from industry peers, detailed project records, and third-party validation that confirms the petitioner’s contributions have been impactful and measurable. We worked together with our client to assemble a comprehensive record that immigration officers could review and approve without requiring additional clarification.

Our legal team built a strong petition by connecting the client’s academic credentials, past contributions to the field, and previous successful projects to U.S. interests such as national security, public safety, cybersecurity, and economic growth. The strategy focused on demonstrating that his work in protecting digital systems and preventing unauthorized access serves clear federal priorities that extend beyond individual employers or projects.

The petition highlighted how cybersecurity expertise benefits private businesses as well as government agencies and critical infrastructure. The case emphasized how the client’s proposed endeavor (to foster, promote, develop, and maintain adequate cybersecurity measures) would contribute to the safe development of digital information exchange and advance U.S. interests in Critical and Emerging Technologies. By framing his work within the context of national security and public safety, the legal team demonstrated that waiving the job offer requirement would allow the client to protect sensitive information across multiple sectors and support long-term efforts to defend against evolving cyber threats.

The strength of the case rested on the comprehensive evidence provided by the client. With extensive certificates, professional recognition, and validation from third parties, the petition provided immigration officers with a clear and compelling record of the client’s past success and future impact.

USCIS approved the client’s EB-2 NIW petition without issuing a Request for Evidence (RFE), a strong signal that the agency recognized the strength and national importance of the case from the outset. This direct approval reflects the quality of the evidence presented and the clarity of the legal arguments connecting his cybersecurity expertise to U.S. national security and public safety priorities.

The approval allows him to continue advancing critical cybersecurity measures across the United States without the limitations of employer sponsorship. With permanent residency secured, he is now positioned to work with private enterprises, government agencies, and other institutions to protect sensitive data, prevent system breaches, and strengthen digital infrastructure. His contributions will support ongoing federal efforts to safeguard information systems and maintain the integrity of networks that millions of Americans depend on daily.

• Comprehensive Evidence Collection – The client provided extensive documentation, including certificates from specialized training programs, professional recognition, and detailed records of past projects. This level of preparation allowed the legal team to support every argument in the petition with verifiable proof of the client’s qualifications and contributions.
  
• Direct Policy Alignment – The petition clearly connected the client’s cybersecurity expertise to U.S. federal priorities in national security, public safety, and the protection of critical infrastructure. By demonstrating how his work safeguards sensitive information across private businesses and government agencies, the case showed direct alignment with national interests in Critical and Emerging Technologies.
• Third-Party Validation – The case included evidence from industry peers and organizations confirming the client’s past success and impact in the field. This external validation helped establish credibility and demonstrated that his contributions have been recognized beyond his immediate employers.
• Strong Academic and Professional Background – With a master’s degree in information technology and years of hands-on experience in cybersecurity, the client presented a combination of advanced education and practical expertise that positioned him as a qualified professional capable of advancing U.S. interests.
• Clear Proposed Endeavor – The petition articulated a specific and measurable plan: to foster, promote, develop, and maintain adequate cybersecurity measures that contribute to the safe development of digital information exchange and further U.S. interests in emerging technologies. This clarity helped USCIS understand exactly how the client’s work would benefit the nation. 

This approval gives the client the opportunity to advance critical cybersecurity initiatives in the United States without employer sponsorship restrictions. With permanent residence, he can work with private enterprises, government agencies, and/or research institutions to develop and implement security measures that protect sensitive data and prevent unauthorized access to critical systems.

His expertise will support national efforts to strengthen digital infrastructure across finance, healthcare, transportation, and government operations. By fostering, promoting, and maintaining adequate cybersecurity measures, his work will help ensure the safe development of digital information exchange and advance U.S. interests in Critical and Emerging Technologies.