EB-2 NIW Case Study: Exceptional Ability Approval for Software Developer from Peru

There is more than one way to meet the requirements for an EB-2 NIW visa category. The traditional route is the Advanced Degree Professional path, where a petitioner can demonstrate eligibility based on a master’s degree or higher, or a bachelor’s degree combined with five years of progressive experience in the specialty. However, there is also a second route, Exceptional Ability, which recognizes professionals whose skills, training, and accomplishments set them apart, without requiring an advanced degree in the field. 

Although our client’s bachelor’s degree was in commerce, he had built years of experience in software development and artificial intelligence. His petition highlighted his certifications, professional licenses, industry memberships, and years of specialized work. 

The challenge was clearly documenting how his background satisfied the EB-2 NIW Exceptional Ability requirements by connecting each aspect of the client’s background to the relevant defined criterion. When USCIS issued an RFE asking for more details on our client’s eligibility, it gave our team a clear opportunity to do exactly that.

Even though the original petition already contained the required evidence to obtain approval, the RFE appeared to evaluate this evidence under the Advanced Degree Professional category rather than the more appropriate Exceptional Ability category. As a result, the RFE response clearly and succinctly explained how the existing evidence was intended to satisfy the Exceptional Ability requirements, and methodically mapped each piece of evidence to the appropriate criterion. 

Beyond the Exceptional Ability question, the original petition had also established that our client’s proposed endeavor held substantial merit and national importance, that he was well positioned to advance his proposed endeavor, and that, on balance, it benefitted the U.S. to waive the requirements of a labor certification. Our client had a concrete plan to build and launch his healthcare platform in high-need communities, as well as strong signals of interest from a U.S. healthcare company in implementing his platform.  

As Attorney Jason Qiu explained: “Once we saw the questions in the RFE weren’t about the strength of the evidence, our task was clear. We laid out the argument step-by-step to help this particular officer clearly understand the full picture.”  

The RFE was an opportunity to provide that clarity, and the response did that successfully. 

USCIS approved the EB-2 NIW petition after reviewing the firm’s response. The client was recognized as meeting the EB-2 National Interest Waiver standard.

This approval moves the client closer to permanent residency in the United States. Once that is in place, he intends to build and launch the AI platform at the center of his work, helping people understand their healthcare options and make confident decisions about their care. 

His plan begins in communities with the greatest need, where clear, accessible tools can make the biggest difference. For someone facing a confusing claim or an unfamiliar referral, that can mean the difference between giving up and getting the care they need. It is work that serves patients and the public alike.