CASE: EB-2 Adjustment of Status / National Interest Waiver
CLIENT: Cape Verdean
LOCATION: Worcester, MA
Our client, a civil and structural engineer from Cape Verde, contacted us to explore the possibility of filing a self-petitioned National Interest Waiver (NIW).
He is an exceptional researcher and engineer specializing in the strengthening techniques of reinforced concrete, the rehabilitation of bridge structures, reinforced concrete and structural steel design, and the assessment of LNG facility components. His work clearly holds national interest and offers significant benefits to the United States. The impact of his expertise is evidenced not only by his role in accelerating the completion of the largest petrochemical facility in the U.S., but also by the overall cost-efficiency he brought to the operation. Furthermore, peer reviewers, colleagues, and field experts have highly evaluated his innovative research publications.
Upon reviewing his credentials, our office determined that he strongly qualified for the NIW category. The NIW pathway is uniquely beneficial because it allows an applicant to self-petition for a green card without requiring an employer or family sponsor. Additionally, because he is not from China or India—countries facing severe visa backlogs—he was eligible to apply for an adjustment of status immediately once his priority date became current, without prolonged waiting periods.
As a primer, NIW applicants must hold an advanced degree (a Master’s or higher). While we were preparing his case, the Administrative Appeals Office (AAO) established the current legal standards for NIW cases in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Under this three-pronged framework, the petitioner must demonstrate that: (1) the foreign national’s proposed endeavor has both substantial merit and national importance; (2) the individual is well-positioned to advance the endeavor; and (3) on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.
Our office prepared a comprehensive 21-page legal brief for the filing. To support the petition, our client secured seven recommendation letters from colleagues and internationally recognized researchers. We also compiled an extensive evidentiary package, including his publication and presentation records, project portfolios, and conference materials. Through this documentation, we demonstrated that our client is among an elite group of researchers who have made substantial contributions to the field, that he is exceptionally well-positioned to advance his endeavor, and that waiving the labor certification requirement would greatly benefit the United States.
We filed the I-140 (NIW) petition with USCIS on January 2, 2024. However, on May 31, 2024, USCIS issued a Request for Evidence (RFE), surprisingly arguing that the proposed endeavor lacked national importance under the Dhanasar framework. In response, our office collaborated closely with the client to draft a robust, extensive RFE response, which we submitted on August 20, 2024. Our efforts were successful, and USCIS approved the I-140 petition on November 27, 2024.
Following the approval, the client retained our office to handle his I-485 Adjustment of Status application. As soon as his visa number became current, we filed the I-485 package on March 23, 2026. The process moved forward seamlessly, with receipt notices and fingerprint appointments arriving on schedule. Ultimately, on June 19, 2026, USCIS approved our client’s adjustment of status, officially making him a U.S. permanent resident.