EB-2 NIW Case Study: Approval for Finance Executive from Chile

The central challenge was demonstrating how the client’s proposed financial management platform could benefit the U.S. economy beyond the individual businesses using it. Although the platform was designed to help companies improve their financial performance, the petition needed to establish its potential broader impact on small business growth, financial stability, and access to capital.

USCIS confirmed the client’s advanced-degree eligibility and issued an RFE focused on the substantial merit and national importance of his proposed endeavor, whether he is well positioned to advance it, and whether, on balance, it would benefit the United States to waive the requirements of a job offer and labor certification. The RFE asked for a more specific description of his planned work in the United States, a business plan to show its economic effects, and more detail on his past contributions and their impact on the wider industry. These were questions the existing record could answer.

From the initial filing, the petition centered on the client’s plan to make professional financial management tools more accessible to small and medium-sized businesses.  The record showed how that work fits with federal programs that support small business growth, including the Small Business Administration (SBA) and its Small Business Development Centers for counseling and training, SCORE mentoring for entrepreneurs, and the NIST Manufacturing Extension Partnership for business performance and competitiveness. Letters of recommendation from senior executives and financial professionals documented the client’s past achievements and the measurable results of the tools he developed.  Evidence of a formed U.S. company, a project charter, and letters of interest showed the plan was already in motion. 

In response to the RFE, the legal team included a more detailed statement of the proposed endeavor and a supplementary business plan with service descriptions, five-year financial projections, and a hiring plan for 17 U.S. positions. The plan showed projected jobs and tax contributions reaching economically distressed areas. The response also showed the client’s personal funds available to launch and sustain the venture without taking on loans. New letters of interest from a potential business user and a potential investor confirmed demand in the U.S. market.  

As Attorney Aaron Labreque explained: “Our strategy focused on demonstrating that the client’s proposed endeavor addressed a broader economic need in the United States. We connected his experience developing financial management solutions with a concrete plan for making those tools accessible to small businesses, supported by evidence of market demand, financial viability, and the potential for economic impact beyond his own company.” 

USCIS approved the EB-2 NIW petition following the RFE response. The approval confirms that his proposed work meets the national interest standard and that he is well positioned to carry it forward. Once permanent residency is obtained, he can launch his financial health platform in the United States.