EB-2 NIW Case Study: Approval for a Software Development Professional from Ukraine After an RFE 

USCIS issued an RFE asking for more detail on two points. The first was how the client’s academic background in mathematics connected to his software work. Although his degree had an emphasis in mathematics education, the academic record reflected substantial study in not only mathematics, but also computer science, programming, and databases. The response needed to document that technical content and connect it clearly to the work he had performed throughout his career.

USCIS also questioned whether the proposed work would have significance beyond the client’s own company and existing customers. Because he planned to advance the endeavor through a business he co-owned, the response needed to distinguish the company from the broader purpose of his work. It also needed to explain why software that protects business communications and customer data addresses cybersecurity and privacy risks shared by companies throughout the United States.

The legal team responded directly to the academic question by submitting detailed information about the depth of the client’s education rather than relying solely on the name of the degree. The response documented his coursework in computer science, programming, databases, and advanced mathematics. It then traced how he had applied that training during more than 30 years as a software engineer, systems architect, developer, and technical director. 

This record established a clear progression from his university studies to his current work. It also showed that his eligibility did not rest on an academic title alone. His education, decades of technical experience, and leadership of an operating software company supported one another. 

The team then clarified the distinction between the client’s position and his proposed endeavor. His role was co-owner and technical director of a software company. However, and most importantly, his broader objective was to develop secure communication systems that help businesses protect sensitive data, reduce privacy risks, and maintain control over important internal and customer communications. 

To explain why this work extended beyond the commercial interests of a single company, the response focused on the recurring security problems the client’s products were designed to solve. Industry evidence and federal cybersecurity policy documented the broader need for stronger data protection and secure digital communications, including priorities identified in Executive Order 14144 on cybersecurity and the National Cybersecurity Strategy.  

Senior Attorney Nizar Kafrouni explained: “A common misunderstanding is that the work has to reach the whole country. It doesn’t. Even work located in one place can be nationally important. If it helps a community solve a real problem, that impact can matter well beyond where it happens.” 

The RFE response also included the client’s original recommendation letters with a sharper focus on the security and originality of his work. Finally, the response made clear what the EB-2 NIW standard asks for: not extraordinary achievement, but proof that the client is ready to advance work of national importance. Bank records, client invoices, and a letter of interest from his company showed the business is active and able to support that work, with the client as co-owner and technical director.  

USCIS approved the client’s EB-2 NIW petition after reviewing Colombo & Hurd’s response to the RFE. Senior Attorney Nizar Kafrouni said: “What made this petition satisfying was seeing the work pay off, ours and the client’s. It came down to real cooperation between our team and the client, and that’s what carried it through.” 

With the petition approved, the client has completed an important step toward permanent residence.