EB-2 NIW Case Study: Bulgarian Petroleum Engineer Receives Approval

This case presented a timing-based challenge arising from evolving adjudicatory standards. In the RFE issued in 2025, USCIS requested further information concerning how the endeavor would advance in practice and how it would benefit the United States beyond a single employer. 

As attorney Vazhel explained, “The petition was well-supported when it was first filed, but the RFE showed that USCIS wanted clearer proof that the business was prepared to launch and positioned to create broader national impact.” 

Because the client intended to establish an infrastructure-focused business, the response required clearer documentation of readiness, including a more developed business model, financial support, and more letters of support. The client also secured independent expert recommenders, strengthening the record with additional objective support. 

The RFE response presented the proposed endeavor in clear, objective terms and tied it directly to national infrastructure priorities. The legal team referenced the American Society of Civil Engineers (ASCE) and its assessment of America’s infrastructure, noting that while these systems form the foundation of the national economy, competitiveness, and quality of life, there remains a “substantial investment gap” that continues to grow as existing systems age and demands increase. 

The response emphasized how improved EPC delivery practices strengthen U.S. energy reliability, increase cost efficiency, and support long-term infrastructure performance. It also clarified that the endeavor was not the business itself, but that the business served as the vehicle through which the endeavor would be advanced. This distinction was critical, as without it, USCIS would have continued to focus narrowly on the business’s direct impact rather than the broader field-wide contributions created by the petitioner’s innovative work. 

It emphasized how improved EPC delivery practices support U.S. energy reliability, cost efficiency, and long-term infrastructure performance and how the endeavor was not the business itself, but rather that the business served as the vehicle by which the endeavor would be advanced. This was critical as without that explanation, the USCIS would continue to focus only on the impact of the business itself, rather than the wider field impact created by the petitioner’s innovative work for his field. 

A key part of the response was showing that the client was ready to launch the business, starting with a detailed business plan. Because the client intended to establish an infrastructure-focused enterprise, the response included a detailed operational model, defined service scope, and supporting financial documentation. The response also included commitment letters and evidence of capital support, showing that the business was ready to begin operating. Furthermore, the legal team worked to integrate this evidence throughout the RFE response and ensure that it was presented clearly to the officer. A delicate balance was kept, making sure to demonstrate that the endeavor and business were ready to move forward, but that it was clear that they were not one and the same. 

“As part of the response, the client provided clear financial documentation and credible commitment letters,” attorney Vazhel explained. “This helped demonstrate that the endeavor was positioned to move forward.” 

Independent expert recommendation letters reinforced the client’s standing and the broader applicability of his methodologies across the energy construction sector.  

USCIS approved the EB-2 NIW petition after reviewing the record submitted in response to the RFE. The approval confirmed that the proposed endeavor carries national importance and that the client is well positioned to advance. 

As attorney Vazhel noted, energy and infrastructure remain areas of continued national focus, and engineering contributions are especially compelling when they materially improve how critical systems are delivered. In this case, the response clarified that the endeavor was not limited to a single role or employer, nor only for a set of customers or clients, but aimed to advance methodologies and tools with relevance across the EPC field. 

The case succeeded through objective evidence, credible expert support, and a well-developed business plan demonstrating practical readiness.  

The client is positioned to pursue his infrastructure-focused enterprise in the United States without the need for a  job offer or labor certification as he will be working independently to maximize his impact. His work supports safer, more efficient, and more cost-effective delivery of energy infrastructure projects that strengthen U.S. reliability, protect investment, and support long-term energy security.