NIW Case Study: Bioinformatics Expert from the Netherlands Brings Software Innovation to U.S. Biotech

Because our client holds degrees equivalent to a U.S. Bachelor’s Degree in Computer Science and a Master’s Degree in Bioinformatics, and his work is in the national interest because it satisfies all three prongs of Dhanasar, we recognized EB-2 NIW as the optimal pathway for our client. 

Our strategy centered on showcasing how the client satisfied all three prongs of the Dhanasar framework for NIW eligibility: 

Substantial Merit and National Importance

We documented the national importance of our client’s work through multiple angles: 

• Policy alignment: Demonstrated how his endeavor directly advanced initiatives outlined in the White House’s Executive Order on Advancing Biotechnology and Biomanufacturing 
• Federal priorities: Showed alignment with objectives from the National Institute of Standards and Technology (NIST) and Department of Defense 
• Industry transformation: Referenced the Biotechnology Innovation Organization’s emphasis on technological innovation as a driving force in biotech advancement 
• Market significance: Presented data on the global biotechnology market’s substantial value (USD 1,224.31 billion in 2022) and projected growth (USD 3,210.71 billion by 2030), highlighting the critical need for specialized software engineering expertise

Well-Positioned to Advance the Proposed Endeavor

We compiled comprehensive evidence of our client’s exceptional qualifications: 

• Professional credentials: Work Experience Letters from distinguished companies documenting his contributions in directly relevant roles 
• Academic impact: Published articles and citation records demonstrating scholarly influence 
• Expert endorsements: Letters from field experts attesting to his knowledge, skills, and abilities 
• Recognition documentation: Evidence of acknowledgments, support, and professional recognition received throughout his career 
• Strategic vision: A detailed plan for future activities aimed at empowering biotech companies 
• Proven implementation: Evidence that he had already begun executing his proposed endeavor by remotely serving multiple U.S. clients 
• Field engagement: Documentation of conference participation through papers, presentations, abstracts, and posters 

Benefits of Waiving Labor Certification Requirements

We demonstrated the national interest would be served by highlighting how our client would: 

• Address talent gaps: Supply urgently needed STEM expertise, aligned with USCIS policy’s considerations for STEM professionals 
• Economic contribution: Support economic growth, job creation, and innovation within the U.S. biotech industry 
• Enhanced collaboration: Enable more efficient and effective partnerships with U.S. biotech companies through local presence 
• Sector advancement: Drive technological progress in biotechnology, a field critical to U.S. competitiveness and healthcare outcomes 

While our client was already providing valuable services to U.S. biotech companies remotely, several factors motivated his desire to establish a physical presence in the United States: 

• Enhanced service delivery: The ability to provide quicker response times and conduct in-person meetings 
• Deeper industry integration: Opportunities to develop stronger client relationships and immerse himself in the U.S. biotech ecosystem 
• Strategic alignment: Better positioning to identify and respond to local industry trends and opportunities 

The primary challenge was demonstrating to USCIS that our client’s specialized work creating innovative software frameworks for the biotech sector warranted a National Interest Waiver. We needed to establish his contributions would substantially benefit U.S. interests by strengthening technological capabilities within biotechnology and ultimately driving new discoveries, innovations, and improved patient outcomes.  

“It was essential to ensure that USCIS recognized the broader impact of the Petitioner’s proposed endeavor—that its benefits extend beyond individual clients to the United States as a whole,” says Vivian Daher, Senior Immigration Attorney at Colombo & Hurd.  

“The Petitioner’s mission to revolutionize the biotechnology sector through innovative software frameworks aligns seamlessly with the transformative potential of biotechnology itself. By integrating advanced technologies with biological sciences, the Petitioner is positioned to support significant national advancements. This endeavor highlights the critical role of sophisticated software in accelerating biotechnological research, streamlining operations, and driving groundbreaking discoveries, thereby contributing meaningfully to the U.S. innovation ecosystem.” 

USCIS approved our client’s National Interest Waiver petition, recognizing the substantial benefits his software engineering expertise would bring to the U.S. biotechnology sector. This approval enables our client to establish a physical presence in the United States, enabling more efficient and effective collaborations with U.S. biotech companies with his local presence. 

This successful outcome delivers significant benefits in multiple dimensions: 

• For the client: The ability to fully implement his vision of strengthening the technological capabilities of U.S. biotech companies through innovative software frameworks 
• For the industry: Advanced data integration capabilities, enhanced security protocols, and elevated software development standards across the biotechnology sector 
• For healthcare: Support for unprecedented discoveries, innovations, and improved patient outcomes 
• For the U.S. economy: Contribution to American technological leadership and competitiveness in a strategic growth sector 

Ms. Daher comments on the importance of this approval for the client: “The client’s success in securing the NIW approval opens the door to meaningful innovation that stands to benefit the broader U.S. biotechnology landscape. With this approval, the client can now fully strengthen his work, retain and expand his client base, and pursue transformative solutions with greater stability and focus.” 

She also acknowledges the satisfaction of securing approvals for her clients. “There’s a deep sense of satisfaction that comes from helping clients reach this stage—knowing that an approval can be life-changing. It validates their contributions, supports their goals, and empowers them to drive progress in the United States.” 

The approval also aligns with recent executive orders and policies of the new administration, which may present unique opportunities for professionals in sectors like energy and technology, highlighted in our previous article, “Recent Executive Orders Create New EB-2 NIW Opportunities for Emerging Technology Professionals.”  

This case exemplifies how the National Interest Waiver program successfully attracts exceptional talent in STEM fields to contribute to U.S. national priorities, economic growth, and technological advancement.