EB-2 NIW Approval for an Indian AI and Cybersecurity Engineer: Turning an RFE into a Case of National Impact 

India

AI & Cloud Engineer

A senior technologist in Artificial Intelligence (AI) and cloud security from India won EB-2 National Interest Waiver (NIW) approval after a Request for Evidence (RFE) that questioned the specificity of the proposed endeavor, challenging all three prongs. Our clients showed how his plan would help U.S. companies, especially small and mid-size enterprises (SMEs), adopt safer, smarter systems and protect sensitive data.  

With careful framing and precise evidence, our legal team led by Attorney Roshn Vazhel clarified why his contributions matter nationwide and why waiving the job offer was in the national interest. 

EB-2 NIW Approval for AI & Cloud Engineer from India
Client Profile

From Classroom to Cloud: A 22-Year Journey in Technology and Innovation

Our client’s story began in a college classroom in India and evolved into a remarkable career shaping the future of technology in the United States. 

For years, he taught business and management, guiding students to think critically about leadership and growth. Yet, his curiosity for problem-solving kept drawing him toward technology. Determined to make a broader impact, he returned to the classroom as a student, earning advanced degrees in computer science and business.  Over more than two decades, he became a key contributor to developing secure, AI-driven systems that helped U.S. companies strengthen their cybersecurity and improve operational efficiency. 

Thereafter, he led high-level engineering projects that supported American industries in becoming more resilient and digitally secure. Beyond his professional success, he patented an innovative gesture-and-voice control technology and published research in artificial intelligence, reflecting his creative and forward-thinking approach to solving complex challenges. 

His career moved from teaching business in small Indian towns to engineering cloud solutions that protect U.S. infrastructure. It was a story of steady growth, rooted in education, ambition, and a belief in the power of innovation to make a national impact. 

The Challenge

Overcoming an RFE on the Specificity of the Proposed Endeavor

The case took a turn when United States Citizenship and Immigration Services (USCIS) issued an RFE. The officer questioned the specificity of our client’s proposed endeavor, suggesting that it was too vague to determine its national importance.  

Adding to the difficulty, the case was assigned to a new USCIS officer, making it unclear what level of detail or evidence would be sufficient. Attorney Vazhel explained that the team had to strike a balance while drafting the response. “You want to defend the initial filing, but you also want to meet all the officer’s concerns, and the ones you can anticipate. Because you don’t know what’s going to happen after you submit the response.”  

It became careful exercise in precision. Every word in response had to be counted. The team needed to strengthen the petition without overwhelming the officer, ensuring the purpose of our client’s impact was clear. That balance between defense and foresight became the turning point that led this case toward success. 

Strategic Response

Crafting a Precise and Balanced RFE Strategy

To overcome the challenge, Attorney Vazhel knew the key was precision. He described his strategy as “a delicate balance.”  

The first step was to refine the proposed endeavor. Attorney Vazhel and our legal team rewrote it with crystal-clear specificity, outlining the exact actions the client would take to strengthen U.S. cybersecurity and AI systems. Next, they supported it with new evidence from the client’s employer, affirming that his work extended far beyond company walls. The letter demonstrated that his innovations were being shared across industries and advancing federal goals in cybersecurity and emerging technologies. 

Finally, the response was structured to educate the officer rather than argue with them.  That care of balancing firmness with thoroughness became the cornerstone of this winning response. 

The Result

EB2 NIW Approval for an Indian AI Cybersecurity Engineer

The strategy worked exactly as planned. Attorney Vazhel’s response reframed our client’s work in a way that made its national significance unmistakable. By clearly connecting his AI and cybersecurity expertise to benefits for U.S. businesses, particularly SMEs, our team turned a vague RFE into an approval. 

Our client’s professionalism and collaboration made a difficult process far smoother. Attorney Vazhel described him as “extremely helpful, very collaborative,” adding that “he worked with us perfectly throughout the entire process.” The quick turnaround on documents, clarity in communication, and dedication to the process helped our legal team craft a strong, cohesive response under tight time constraints. In the end, the approval recognized years of work devoted to building technology that safeguards the nation’s digital backbone.  

Why this Case Succeeded

Aligning Innovation with National Priorities

This case succeeded because the response didn’t overwhelm the officer with volume. It guided them through evidence that spoke to each prong of the EB-2 NIW test. By refining the proposed endeavor, tying it to national initiatives in AI and cybersecurity, and showing that the work reached far beyond a single employer, our team demonstrated national importance. 

Attorney Vazhel’s balanced approach of defending the initial filing but meeting every concern kept the response comprehensive and precise. Backed by a proactive client, the petition read as clear, targeted, and ready for decision. 

Crucially, the evidence connected the endeavor to recognized federal priorities: the CHIPS and Science Act, National Science Foundation (NSF) Regional Innovation Engines, the Small Business Act’s mandate to strengthen SMEs, and White House actions encouraging AI adoption. It also aligned with the USCIS Policy Manual on emerging technologies. Together, these touchpoints showed why the endeavor matters to the United States and why approval made sense. 

Case Overview
Category  Details 
Visa Classification  EB-2 National Interest Waiver (NIW) 
Nationality  India 
Professional Field  AI and Cybersecurity Engineering 
Years of Experience  22+ years 
Education  Master’s in Computer Science, MBA, Master’s in Computer Applications, Bachelor’s in Commerce 
Request for Evidence (RFE)  Yes 
Outcome  Approved 
Lead Attorney  Paul Messina (Initial Filing), Roshn Vazhel (RFE Response) 
Attorney Perspective

Roshn Vazhel

RFE Department Director

“Fight the temptation to focus only on the results when you describe your proposed endeavor. Show why your work is novel in the United States and how it brings something the country doesn’t already have. That’s how you stand out, and that’s what makes a difference.” 

Related Resources

See if you qualify

Get your free EB-2 NIW visa profile evaluation today.

Evaluate My Profile

This case was handled by Roshn Vazhel of Colombo & Hurd, a U.S. immigration law firm specializing in employment-based green cards 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 2,000 approvals in EB-2 NIW and EB-1A categories since 2023.