EB-2 NIW Case Study: Approval for Industrial Designer from Colombia

After reviewing the initial petition, USCIS accepted that the client qualifies as an advanced degree professional and that his proposed endeavor has substantial merit. The RFE asked for additional documentation on two remaining questions: whether the client’s proposed endeavor in the U.S. has national importance and whether the client was positioned to advance the endeavor.

For the legal team, the RFE was an opportunity to build on an already strong foundation. Attorney Jason Qiu and the legal team responded directly to each point raised, providing targeted evidence that addressed exactly what USCIS needed to fully evaluate the petition.

Most orthopedic products are designed to meet clinical standards. His approach goes further: creating devices that work for the person wearing them, not just on paper.  

The legal team focused on describing in clear terms the downstream economic effects of his work, as more accessible orthopedic products reduce healthcare costs for individuals and families, support domestic manufacturing, and contribute to a growing U.S. orthopedic devices market. The response showed how these outcomes align directly with federal priorities and programs, including the FDA Orthopedic and Rehabilitation Devices Committee, the Orthopaedic Research Program, and the Make America Healthy Again Commission. 

Moreover, the legal team helped the client to develop updated letters of recommendation, a detailed plan for his proposed work in the United States, and evidence of financial support demonstrating he was well positioned to move the endeavor forward.   

USCIS approved the EB-2 NIW petition following the RFE response. Our client can now move forward toward permanent residency and continue his work designing orthopedic and rehabilitation products for people with disabilities in the United States.

The client’s education, his work in orthopedic and rehabilitation product design, and his U.S. plans all pointed to the same conclusion: his work addresses a national need and he has the background to deliver on it.

In responding to the RFE, the legal team’s approach emphasized evidentiary precision and quality over volume. As Attorney Qiu noted: “There was ample evidence supporting both the national importance of the client’s proposed work and the client’s record of success. However, rather than overwhelming the officer by submitting hundreds of pages, we focused on very discrete, specific, and targeted pieces of evidence that most persuasively responded to the officer’s concerns. Everything provided was intentional and went to strengthening a particular part of the response.”