Panamanian Electrical Engineer EB-2 NIW I-40 Petition Case

The biggest challenge in this case was bridging the gap between our client’s professional title and his proposed endeavor.

On paper, he was an electrical engineer. His proposed endeavor, however, was rooted in vision science. That disconnect needed to be clearly addressed for United States Citizenship and Immigration Services (USCIS).

When USCIS reviews an EB-2 NIW petition, officers look for a direct and logical connection between an individual’s past work and their proposed endeavor in the United States. When those areas span different fields, the case must clearly explain how the two are meaningfully connected.

The petition had to show that the client’s engineering background was central to his vision science research.

Our client’s proposed endeavor aligns with several active federal public health priorities. These priorities include initiatives such as the HHS Healthy People 2030 agenda, the National Eye Institute’s National Eye Health Education Program, and the CDC’s Vision Health Initiative. The petition addressed each part of the Dhanasar framework with supporting evidence.

The petition included recommendation letters from leading researchers across the country, peer-reviewed publications, letters of interest from collaborators at top U.S. institutions, and a detailed three-stage plan for establishing an independent research laboratory. His experience and research record supported the claims made in the petition.

USCIS approved the EB-2 NIW I-140 petition. Our client’s work met the legal standard under the Dhanasar framework, meeting the standard for a waiver of the job offer and labor certification requirements. The petition was approved without a Request for Evidence (RFE).

After the I-140 approval, the case moved to the next stage. Attorney Menendez filed the I-485 AOS for the client and his spouse, along with full supporting documentation.

While adjustment of status can appear procedural, successful outcomes depend on aligning filing strategy, timing, and eligibility factors. In this case, a well-prepared submission allowed for adjudication without delays or additional requests from USCIS.

This filing allowed both to remain in the United States while the green card application was pending. It also included an application for an Employment Authorization Document (EAD), allowing the client to work during that period. Lastly, it placed them in a period of authorized stay, ensuring continuity of presence in the United States while USCIS completed its review.

Our client and his spouse are now lawful permanent residents of the United States. They can live and work in the country permanently and build their future here without the uncertainty of a temporary visa status.

Permanent residency allows our client to move forward with his research plan.

His plan has three stages. First, he will join a collaborating research institution to design experiments and collect early data. Second, he will apply for federal grant funding from agencies including the NIH and the National Eye Institute. Third, he will establish his own laboratory, a long-term home for his research, and his scientific collaborations.

This green card approval makes all that possible. It gives him the foundation to build something lasting and to contribute meaningfully to the lives of visually impaired Americans for years to come.