Software Engineer
Colombo & Hurd secured EB-2 National Interest Waiver (NIW) green card approval for a software development professional from Mexico. The EB-2 NIW allows qualified professionals to obtain a green card without a job offer or labor certification if their work serves the national interest of the United States.
The U.S. technology sector drives over $1.9 trillion in GDP and supports more than 12 million jobs. Yet for every large enterprise with the resources to build world-class software, there are hundreds of smaller technology companies that cannot access the same expertise. Agile methodologies, which are structured approaches to software development that help teams deliver better products and respond to change faster, remain difficult for many smaller companies to access, largely because the professionals with that expertise are concentrated in large organizations.
This case centered on bridging that gap. Our client developed the exact systems and strategies that smaller businesses often lack.
United States Citizenship and Immigration Services (USCIS) issued a Request for Evidence (RFE) on the initial EB-2 NIW filing, and Senior Immigration Attorney Nizar Kafrouni led the response. Immigration Attorney Michelle Villagran then handled the Adjustment of Status (AOS). The petition was approved, the green card was granted, and today, our client calls the United States home.
CLIENT PROFILE
A software engineer who grew into a digital transformation leader
Our client has more than 11 years of professional experience in software development and Agile transformation. He holds a bachelor’s degree in computer science. He started his career as a software engineer, improving financial and mortgage applications and managing complex tax cycle systems. Over time, he moved into project management and then into senior Agile coaching and digital transformation roles. He worked in complex technology environments, including a global retail corporation, a national bank, and multiple technology consulting firms.
Throughout his career, he coached teams through full-scale digital transformations and delivered measurable results across finance, retail, agri-tech, and banking. Beyond executing projects, he changed how entire organizations built, tested, and delivered software.
His proposed endeavor: to build a technology company that would give U.S. tech startups and small businesses access to the kind of software solutions and digital transformation strategies that only large enterprises could typically afford.
THE CHALLENGE
Connecting a strong employee record to an entrepreneurial future
After the initial filing, USCIS issued an RFE seeking additional evidence under all three prongs of the Dhanasar framework (the legal standard used to evaluate EB-2 NIW petitions).
The first area challenged was national importance. USCIS requested additional clarification on how the proposed endeavor would have a measurable impact at a national level, beyond the immediate clients his company would serve.
The second challenge pertained to positioning. Our client had spent his entire career as an employee, managing teams, leading enterprise-wide projects, and driving digital transformations at major U.S. companies. The response needed to better connect his professional experience to his plan to establish and run a technology company in the United States.
STRATEGIC RESPONSE
Highlighting 11 years of experience as entrepreneurial readiness
Attorney Kafrouni led the RFE response with a clear strategy.
To demonstrate entrepreneurial readiness, the response drew a direct line between our client’s professional track record and his ability to build and run a business. His 11 years of managing teams, leading digital transformations, training engineers, and coordinating across departments and continents form the foundation of his plan to build a company. The response included a full business plan showing exactly how the company would operate, who it would hire, including data analysts, machine learning engineers, Agile coaches, and software engineers, and what it would deliver. Additional recommendation letters provided specific examples of his impact at major U.S. companies. Two letters of interest from U.S. businesses confirmed that demand for his services already existed.
To document national importance, the response demonstrated that thousands of small and mid-sized companies lack access to software development expertise and Agile methodologies that drive innovation at the enterprise level. Federal initiatives have explicitly identified closing this gap as a national priority. The response supported this with government reports and evidence showing the failure rates of tech startups that lack access to this kind of expertise. Our client’s proposed company directly addresses that need.
THE RESULT
EB-2 NIW green card approved
USCIS approved the I-140 petition. Immigration Attorney Michelle Villagran then handled the Adjustment of Status, the process of applying for a green card from within the United States, which proceeded without complications.
Our client had spent over 11 years building better technology for companies across the United States. Now, for the first time, he would be building a company of his own. Today, he is a U.S. permanent resident.
WHAT THIS APPROVAL ENABLES
As a permanent resident, our client can now establish his technology company in the United States. He will offer custom software solutions, Agile coaching, digital transformation strategies, rapid prototyping, and data-driven insights to the U.S. tech startups and small businesses that have long needed this kind of support.
As the company grows, so will its reach. Our client plans to expand across multiple states, hiring data analysts, machine learning engineers, Agile coaches, cloud architects, and software engineers along the way. By year five, his company is projected to employ a full team of specialized technology professionals.
The experience he built over 11 years is now the foundation of his own company.
CASE OVERVIEW
| Visa classification | EB-2 National Interest Waiver (NIW) |
| Nationality | Mexican |
| Professional field | Software development and Agile transformation |
| Education | Bachelor’s degree in Computer Science |
| Request for Evidence (RFE) | Yes |
| Premium processing | Yes |
| AOS Attorney | Michelle Villagran |
| Final outcome | Green card approved (lawful permanent residency granted) |
ATTORNEY PERSPECTIVE
“This case came down to one question: Whether the petitioner’s professional experience sufficiently demonstrates his capacity to carry out the proposed endeavor through the establishment of his own firm in the United States. We argued that eleven years of managing teams, leading projects, driving digital transformations, and delivering results across major U.S. companies is not just an employment record. It is a roadmap for building a business. Once that connection was clear, the rest of the case followed.”
