NIW Approval for a Psychologist Devoted to Supporting Students with Disabilities

Ecuador

School Psychologist

Colombo & Hurd Senior Immigration Attorney Yadira Aguilar is proud to share the story of one of her recent approvals. Ms. Aguilar and her team represented a school psychologist in this case, helping the client receive an EB-2 National Interest Waiver (NIW) approval in less than three months, after upgrading to premium processing after the initial filing.

Approved NIW for psychologist helping students
Client Profile

An Endeavor Driven by Compassion and Care for Vulnerable Students in the U.S.

This success story stands out among our more than 2,000 approvals in the past two years because of the selfless nature of the endeavor.  

This case was particularly important since it addressed health and social issues, like mental health and inclusion of American children who are affected by some type of disability. For over 3 decades now, laws specifically protect Americans with disabilities via the Americans with Disabilities Act (ADA) enacted in 1990,” explains Ms. Aguilar, highlighting the client’s endeavor as an important extension of these laws. “Consequently, the work that our client is doing for these children is of the utmost importance, because she’s not only helping American children and their communities, but furthering U.S. interests according to established law.” 

Our client’s proposed endeavor is to design and implement psycho-educational programs for mental health and disability support in the United States. Her work will have an important impact on the lives of children, adolescents, and students with disabilities, and will mitigate disability discrimination, exclusion, bullying, violence, and substance use among these vulnerable groups in the United States.

The Challenge

Our Commitment to Supporting Important Causes

At our firm, we are passionate about empowering individuals who are dedicated to creating positive change in their communities. Ms. Aguilar and her team worked closely with our client to navigate the complex NIW process, ensuring that she is granted the opportunity to pursue her selfless endeavor in the United States. 

From the outset, we understood that our client had a strong case by simply looking at her Curriculum Vitae. However, sometimes it is not as simple as reviewing a resume, but gathering the supporting evidence. This required efforts to collect evidence from past, current, and potential future work,” Ms. Aguilar says, explaining the importance of strategy and teamwork in building a successful NIW case. “Luckily, our client was diligent, organized, and provided the required evidence to show the immigration officer the significance of her work and credentials.” 

To secure NIW approval for this client, we emphasized how the client’s proposed endeavor aligns with important goals for mental health and disability support. To show that her work has national importance, we highlighted federal initiatives regarding mental disorders and the stigma associated with them. To demonstrate substantial merit, we argued that the client’s proposed endeavor addresses the pressing need for mental health support and disability inclusion in the United States. We showed that our client’s endeavor will have a positive impact on the well-being and quality of life of students with disabilities through her work – providing individualized educational plans (IEPs) and promoting education inclusion efforts. 

The Approach

Positioned for Success with NIW

Our client’s impressive academic background and her more than 15 years of professional experience in the field of psychology made her an ideal candidate for NIW approval. Plus, she is already working as a school psychologist in the United States on an H-1B visa. 

Her success highlights the possibility of pursuing a NIW while on an H-1B visa. This pathway represents a great opportunity for foreign nationals who are already in the U.S. on an H-1B visa and want to transition to a green card. 

Because the client is already working in the United States, Ms. Aguilar was able to leverage her employer’s support to show that she is well-positioned to advance her proposed endeavor:  

Whenever we have a client who is already employed in the United States under some other legal status, we explore the possibility of using their employer as the vehicle to deliver the client’s endeavor/benefit to the country. This does not mean that the employer must sponsor the client, and that’s the beauty of this! The employer need only support the work that the client is already doing. For this case, the support was overwhelming given our client’s ties to the community and the great impact she already made in the region. It was definitely rewarding to see this approval coming through.” 

We argued that our client’s unique skillset makes her an indispensable asset in her work geared toward designing and implementing psycho-educational programs for mental health and disability support.  

With her NIW approval, our client can continue her work on optimizing the mental health and well-being of children and adolescents in need of support. She will pursue collaborations with various community institutions and resources to provide comprehensive services to students and their families, and has already received significant interest from programs expressing their intent to establish partnerships for mental health and disability support, improved education quality, and the development of programs that combat discrimination, mental health, and drug or violence issues. 

Key Insights

Our Motivation and Mission

Cases like this one remind us of the purpose of our work. Our clients’ successes, especially in meaningful endeavors like this one, are our motivator.  

Be passionate about your work and your days will be lighter and much more joyful. Remain positive and calm in times of adversity, for these teach you creativity and give you strength,” says Ms. Aguilar. “Every case for me requires creativity, and some a bit more passion. I am grateful to have contributed to our client’s successful outcome and wish she continues helping vulnerable children. 

We are honored to support individuals who are tirelessly working to improve the lives of vulnerable groups, and we are proud to have played a part in our client’s journey. 

Attorney Perspective

Yadira Aguilar

Senior Attorney

“Every case for me requires creativity, and some a bit more passion. I am grateful to have contributed to our client’s successful outcome and wish she continues helping vulnerable children.”