NIW Case Study:  From Crisis Zones in Ghana to Advancing U.S. Healthcare Technology 

Despite a comprehensive initial filing, U.S. Citizenship and Immigration Services (USCIS) issued a Request for Evidence (RFE) raising concerns under the first and second prongs of the Matter of Dhanasar framework for NIW Petitions. Specifically, the RFE questioned: 

• The distinction between the client’s proposed endeavor and proposed employment, with the officer appearing to conflate the two. 

• Whether the client’s proposed endeavor met the substantial merit and national importance requirement. 

• Whether the client was well-positioned to advance the proposed endeavor, despite extensive evidence of international experience, advanced degrees, and professional licensure. 

Reflecting on the broader landscape of employment-based immigration, Mr. Vazhel notes the unique challenges professionals face when their work serves urgent national needs: 

“Regular employment-based immigration involves being tied to a particular position, and often involves a time-consuming, extensive process known as labor certification that can add years to the overall timeline. This has made NIW key for endeavors that are in the nation’s short term and long-term interest, as petitioner’s contributions are urgently needed. However, officers are often not familiar enough with NIW, which demands that they balance using their discretion with the guidance that they are given, which can lead to complex case-by-case requests for evidence with insufficient review of the initial petition and subsequent responses” 

To address these concerns, Mr. Vazhel  developed a targeted response strategy: 

• Clarified the legal distinction between the proposed endeavor and employment, showing how the endeavor’s scope extended beyond the client’s job duties. 

• Reaffirmed substantial merit and national importance with a revised endeavor statement, a National Importance Statement, a detailed model plan referencing initiatives from the FDA, CDC, and CMS and a strong blueprint for advancing the proposed endeavor, including methodologies, support, and long-term plans. 

• Expanded the evidentiary record with updated and independent expert recommendation letters attesting to the client’s leadership, technical skills, and crisis-response experience. 

• Showcased global expertise and deployments in outbreak zones, disaster areas, and conflict regions, demonstrating readiness for high-stakes U.S. healthcare needs. 

• Highlighted advanced credentials, including degrees in computer engineering and logistics/supply chain management, and professional engineering licensure. 

USCIS approved the client’s EB-2 NIW Petition, recognizing both the national importance of his proposed endeavor and his strong positioning to advance it. 

With this approval, the client can now: 

• Implement innovative solutions to keep medical devices operational and maintained in hospitals and clinics nationwide during emergency situations, no matter when or how they arise. 

• Build partnerships that will create jobs, improve emergency response, and reduce disparities in healthcare access. 

• Contribute to national preparedness in times of crisis directly supporting the missions of the FDA, CDC, and CMS. 

Looking back on the outcome, Mr. Vazhel expressed both pride in the result and optimism for the client’s future impact: 

“I’m honored to have secured approval for this client. His unique skillset made NIW the most feasible pathway for him, and his future projects in the United States will create stronger, more resilient, and well-maintained healthcare systems at a time where extreme weather and other emergencies are a top priority to address. It will also greatly benefit communities all over the United States over time as he disseminates his unique methodologies and solutions to his field and continues to refine them based on his experience implementing them in the United States.” 

Mr. Vazhel shares valuable insights from this case, highlighting how he can guide other professionals seeking to advance their endeavor in the United States through the NIW process: 

“The United States needs experts whose skills and experience position them to make a significant impact through innovative solutions and methodologies. To succeed, Petitioners should clearly explain what makes their projects unique, why those projects are nationally important and urgent, and how their work can create a broad impact. This is not just for clients and employers, but for communities and institutions across the country. 

Through a compelling presentation of the client’s expertise, global experience, and vision for strengthening U.S. healthcare, Colombo & Hurd was proud to help this talented professional gain approval to share his skills with hospitals and communities across the country.  

Recent executive orders promoting U.S. leadership in emerging technologies open the door for EB-2 NIW healthcare technology professionals to demonstrate how their innovations strengthen national resilience. Discover how this policy change can strengthen your case and align your endeavor with national priorities in our article: Recent Executive Orders Create New EB-2 NIW Opportunities For Emerging Technology Professionals