How a Colombian Marketing Leader Obtained EB-2 NIW Approval to Advance Food Waste Solutions in the U.S. 

USCIS recognized that our client qualified as an advanced degree professional with substantial merit and that she was well-positioned to advance her endeavor. Yet, the agency issued a Request for Evidence (RFE) centered on one question: national importance.  

Although USCIS acknowledged the seriousness of the food waste crisis, it questioned whether her ARCV Model, designed for SMEs, could have an impact beyond individual businesses. The challenge became clear: prove that her endeavor addressed a national priority in a way that was broad, scalable, and policy relevant. 

In the words of Mr. Vazhel, who led the strategy: 

“National importance is one of the more nuanced aspects of an EB-2 NIW petition, and officers can wield their discretion more widely for this prong and have been increasingly doing so in recent times. This is an example of why working with experienced legal professionals is important for success—while the national importance of a project may be clear to the petitioner due to their expertise, it is the act of ensuring that the widest possible range of officers agree and adjudicate favorably that demands flexibility, creativity, and experience.”

To overcome the RFE, our response had to go beyond adding more evidence. It needed to reframe her endeavor as a national solution. Our strategy focused on two things: clearly explaining the client’s project and showing how it ties into national priorities with solid evidence. 

Explaining the endeavor: We explained that at the heart of her work is the ARCV Model, a framework helping small and mid-sized food businesses cut waste, boost efficiency, and strengthen local food systems. By blending marketing, behavioral science, and sustainability, she reshapes how food is sold and consumed, encouraging smarter choices and reducing surplus. The result is a model that helps businesses thrive while advancing national goals like waste reduction, lower emissions, and food security. 

Proving national importance: We then connected her endeavor to the bigger picture. Rather than presenting policies in isolation, we showed how her work fits into the U.S. effort to reduce food waste. For example, her model supports the national goal to cut food waste by 50% by 2030, aligns with the National Strategy for Reducing Food Loss and Waste, and complements provisions in the Farm Bill. It also strengthens food access initiatives and supports USDA priorities around supply chain resilience. In short, her project doesn’t just help individual businesses; it directly contributes to national sustainability goals. 

Projecting future results: To make the impact tangible, we also presented measurable outcomes. Each year, her model is projected to prevent tons of food waste; avoid  CO₂ emissions; enable SMEs to achieve faster product turnover; boost revenues in key categories; and reach many U.S. consumers with more sustainable food options.

These numbers made it clear that her endeavor was both achievable and scalable, underscoring its value to the national interest. As RFE Director Vazhel emphasized: 

 “While officers can vary in their usage of discretion when adjudicating national importance, the presentation of accurate projections when accompanied by factual information is highly favorable – as they will be at best a layman in the particular petitioner’s field, numerical projections and facts can give them a better sense of overall.” 

Want to learn how supporting small and medium-sized enterprises can strengthen your EB-2 NIW case?
Read our article on leveraging SMS support in EB-2 NIW petitions.

USCIS granted her EB-2 NIW, confirming that her work empowers SMEs, promotes sustainability, and strengthens the U.S. food system. 

RFE Director Vazhel captured the outcome this way:  

“The method by which she is going to positively impact the United States is truly unique and represents an opportunity to address an issue of national importance to the United States from a novel angle and through our RFE response strategy and brief we were able to illustrate that to the officer successfully.” 

With her EB-2 NIW secured, she is ready to expand the ARCV Model across U.S. markets by partnering with SMEs, launching pilot programs, and creating educational campaigns that encourage smarter food choices.