EB-2 NIW Case Study: Approval for Architect from Mexico 

Mexico

Architect

Colombo & Hurd secured approval of an EB-2 National Interest Waiver (NIW) petition for an architect from Mexico who specializes in designs that reduce the energy that buildings consume. USCIS approved the petition following the firm’s response to a Request for Evidence (RFE).  

A building’s energy use depends largely on decisions made at the design stage: how the structure is oriented on the site, the size and placement of its windows, the materials in its walls, and the way air moves through its rooms. When those decisions take the local climate into account, the building uses sun, shade, and wind to its advantage and needs less heating and air conditioning. When they do not, the building then depends on mechanical equipment to compensate, and that cost repeats over its entire service life.   

Our client’s work is focused precisely on the design stage. Using a passive design methodology he developed, our client analyzes the site’s climate data and uses this analysis to set orientation, materials, openings, and ventilation early in the design process, so that the structure itself reduces the need for heating and cooling. Senior Attorney Yadira Aguilar led the initial petition, and Roshn Vazhel, Director of the firm’s RFE Department, led the RFE response.  

Client Profile

Sustainable Homes Recognized in Publications Across Several Countries

Our client holds a bachelor’s degree in architecture and a master’s degree in advanced architectural design. He has over 17 years of professional experience, has worked at major architectural firms in both Mexico and the United States, taught design at the university level in both countries, and led his own studio for more than a decade.  

Over the course of his career, our client’s projects have appeared in leading architecture publications in several countries, on a national U.S. news network, and in two books. Among them are homes that collect rainwater, cool themselves through natural ventilation, and bring vegetation into the structure itself. He is also certified in building performance analysis and in the industry’s main modeling software.  

In the United States, our client will develop and systematically implement the foregoing methodology in the early stages of architecture and construction projects. His goal is to lower the mechanical energy demand of buildings in the U.S. while they are still at the design stage, when changes are far less costly than after construction, and in doing so reduce energy expenses for households, businesses, and property owners on a lasting basis.  

Our client will further share his methodology through professional practice, publications, and engagement with the industry, so that other architects and developers across the country can adopt it in their own projects.  

The Challenge

The Reach of a Design Methodology Beyond Its Direct Clients

USCIS recognized that our client’s endeavor had substantial merit and was well positioned to carry it out, but the RFE asked for additional evidence on two points.  

The first was national importance: USCIS asked to see how the client’s methodology, and not the field of sustainable architecture in general, would have effects beyond the clients who hire him, and how it differs from standard practice in the industry. The second was why waiving the job offer requirement served the national interest.  

Strategic Response

Projects, Letters, and Federal Data as Evidence of Reach

Our response addressed each of the foregoing points with specific evidence. As to the national importance requirement, we provided additional detail in the endeavor by providing a step-by-step description of the methodology, the design decisions it guides, and the climate data it relies on.  

Federal data helped demonstrate the scale of the client’s work. According to the U.S. Energy Information Administration, the federal agency for energy statistics, nearly half of the energy consumed by U.S. buildings goes to heating, cooling, and ventilation. A methodology that lowers that demand at the design stage benefits every building it is applied to, which answers the question of reach directly. 

The most concrete evidence came from two residential projects in the United States where the client’s methodology has already been applied, one of them with projected operating costs about 80% lower than those of a building designed only to the minimum the building code requires. Letters from established U.S. architects and design professionals confirmed that placing climate analysis at the start of design is not common practice in the United States, which answered the point about what sets the methodology apart. Our client’s publications and teaching, finally, showed how his methodology reaches other professionals and has a broader impact. 

Second, as to how waiving the job offer requirement served the national interest, our response established that our client would work independently, so a formal job offer would be impractical in his practice. Moreover, lower energy bills for households and businesses are a benefit to the country.  

The Result

EB-2 NIW Approval After the RFE Response

USCIS approved the EB-2 NIW petition following the RFE response. With this approval, our client can move toward advancing his work in climate-responsive design across the United States.

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Case Overview
Category  Details 
Visa Classification  EB-2 NIW 
Nationality  Mexico 
Professional Field  Architecture and sustainable design 
Education  Master’s in Advanced Architectural Design; Bachelor’s in Architecture 
Request for Evidence (RFE)  Yes 
Attorneys  Senior Attorney Yadira Aguilar and Roshn Vazhel, Director of the firm’s RFE Department 
Outcome  I-140 petition approved 
Date of Approval  September 15, 2026 

 

Attorney Perspective

Yadira Aguilar

Senior Attorney

A building or structure designed without proper consideration of its site-specific climate conditions can incur avoidable energy costs and inefficiencies for decades. In some cases, these deficiencies cannot be subsequently remedied by later-installed equipment. In this case, our client’s methodology is intended to prevent these inefficiencies at the outset, and the foundational principle was placed at the center of his petition.

This case was handled by Senior Attorney Yadira Aguilar (Initial Filing) and Roshn Vazhel, Director of the firm’s RFE Department (RFE Response), of Colombo & Hurd, a U.S. immigration law firm specializing in employment-based visas including EB-2 NIW and EB-1A petitions. The firm has secured over 10,000 successful visa and green card approvals for clients from more than 100 countries, including more than 2,500 approvals in EB-2 NIW and EB-1A categories since 2023.