EB-2 NIW Case Study: Approval for a Software Development Professional from Ukraine After an RFE 

Ukraine

Software Development Professional

Colombo & Hurd secured approval of an EB-2 National Interest Waiver (NIW) petition for a software developer from Ukraine whose work focuses on improving cybersecurity, data privacy, and secure communications for U.S. small and medium-sized businesses. USCIS approved the petition after the firm responded to a Request for Evidence (RFE) questioning how his education supported a career in a different field and whether his proposed work had importance beyond his company and its customers.

Many businesses rely on digital platforms for internal communication, customer service, and the exchange of sensitive information. Smaller companies may lack the technical staff and resources to evaluate whether those platforms adequately protect their data. A weakness in an everyday communication tool can expose private information, interrupt operations, and damage customer trust.

The client plans to address these risks by continuing to develop two secure software products: a customizable live chat and customer support system and a corporate messaging platform designed to protect internal communications. He plans to advance this work as co-owner and technical director of an established software company. The initial petition was led by Senior Attorney Vivian Daher, and Senior Attorney Nizar Kafrouni led the RFE response.

EB-2 NIW
Client Profile

From Mathematics Education to a 30-Year Software Career

The client holds a Specialist Degree in pedagogy and methods of secondary education with state qualification of teacher of mathematics and fundamentals of computer science, a background that gave him a strong foundation in both mathematics and computer science. Over more than 30 years, that foundation grew into a full career in software. He has worked as a software engineer, systems architect, and research and development contributor, with hands-on experience in programming, database management, computer networks, and systems design.

His specialty is designing secure software that grows with a business. He has led the development of communication and collaboration platforms built to stay secure, reliable, and easy to maintain over time. He also brings substantial business experience to the proposed endeavor. As co-owner and technical director of a software company operating since 2004, he has overseen both the technical development of its products and their use in an active commercial setting. His proposed U.S. work is therefore a continuation of software development he has pursued for decades, rather than a newly created plan.

In the United States, he intends to continue building and improving two principal products. The first is a customizable live chat and customer support system that allows businesses to manage customer communications through a platform suited to their own operations. The second is a secure corporate messaging system designed to protect internal conversations and company data. Together, the products address privacy and security risks within the communication tools businesses use every day.

The Challenge

Connecting a Mathematics and Computer Science Background to Software Work

USCIS issued an RFE asking for more detail on two points. The first was how the client’s academic background in mathematics connected to his software work. Although his degree had an emphasis in mathematics education, the academic record reflected substantial study in not only mathematics, but also computer science, programming, and databases. The response needed to document that technical content and connect it clearly to the work he had performed throughout his career.

USCIS also questioned whether the proposed work would have significance beyond the client’s own company and existing customers. Because he planned to advance the endeavor through a business he co-owned, the response needed to distinguish the company from the broader purpose of his work. It also needed to explain why software that protects business communications and customer data addresses cybersecurity and privacy risks shared by companies throughout the United States.

Strategic Response

Showing How His Background and Business Experience Supported the Endeavor 

The legal team responded directly to the academic question by submitting detailed information about the depth of the client’s education rather than relying solely on the name of the degree. The response documented his coursework in computer science, programming, databases, and advanced mathematics. It then traced how he had applied that training during more than 30 years as a software engineer, systems architect, developer, and technical director. 

This record established a clear progression from his university studies to his current work. It also showed that his eligibility did not rest on an academic title alone. His education, decades of technical experience, and leadership of an operating software company supported one another. 

The team then clarified the distinction between the client’s position and his proposed endeavor. His role was co-owner and technical director of a software company. However, and most importantly, his broader objective was to develop secure communication systems that help businesses protect sensitive data, reduce privacy risks, and maintain control over important internal and customer communications. 

To explain why this work extended beyond the commercial interests of a single company, the response focused on the recurring security problems the client’s products were designed to solve. Industry evidence and federal cybersecurity policy documented the broader need for stronger data protection and secure digital communications, including priorities identified in Executive Order 14144 on cybersecurity and the National Cybersecurity Strategy.  

Senior Attorney Nizar Kafrouni explained: “A common misunderstanding is that the work has to reach the whole country. It doesn’t. Even work located in one place can be nationally important. If it helps a community solve a real problem, that impact can matter well beyond where it happens.” 

The RFE response also included the client’s original recommendation letters with a sharper focus on the security and originality of his work. Finally, the response made clear what the EB-2 NIW standard asks for: not extraordinary achievement, but proof that the client is ready to advance work of national importance. Bank records, client invoices, and a letter of interest from his company showed the business is active and able to support that work, with the client as co-owner and technical director.  

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The Result

EB-2 NIW Petition Approved After the RFE Response 

USCIS approved the client’s EB-2 NIW petition after reviewing Colombo & Hurd’s response to the RFE. Senior Attorney Nizar Kafrouni said: “What made this petition satisfying was seeing the work pay off, ours and the client’s. It came down to real cooperation between our team and the client, and that’s what carried it through.” 

With the petition approved, the client has completed an important step toward permanent residence. 

Case Overview
Category  Details 
Visa Classification  EB-2 NIW 
Nationality  Ukraine 
Professional Field  Software development 
Education  Master’s degree in mathematics education 
Request for Evidence (RFE)  Yes 
Attorneys  Senior Attorney Vivian Daher (Initial filing) and Senior Attorney Nizar Kafrouni (RFE) 
Outcome  I-140 petition approved 
Date of Approval  July 7, 2026 

 

Related resources

This case was handled by Immigration Senior Attorney Vivian Daher and Senior Attorney Nizar Kafrouni 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.