Software Engineer
Colombo & Hurd secured green card approval for a software engineer from Mexico. His work helps small and medium-sized businesses (SMEs) in the United States improve their technology systems, especially in the healthcare and financial sectors. The case moved through three stages: the initial EB-2 National Interest Waiver (NIW) filing led by Immigration Attorney Allison McVey, a Request for Evidence (RFE) handled by Senior Attorney Nizar Kafrouni, and the final green card approval guided by Immigration Attorney Diego Menendez.
SMEs are a major part of the U.S. economy, but many still struggle to adopt new technology or find skilled IT professionals. Many rely on outdated systems or lack the resources to scale their operations, which limits growth and efficiency. Our client’s work directly addresses these gaps by helping businesses improve their systems, modernize their infrastructure, and operate more efficiently.
This case study explains how the legal strategy led to EB-2 NIW green card approval and explains the process of obtaining permanent residency.
Client Profile
Software Engineer with Experience in Cloud Systems and Scalable Technology Solutions
Before filing his EB-2 NIW petition, our client had already built a solid foundation in software engineering. He holds a bachelor’s degree in software engineering and has over seven years of progressive experience.
He began working in software development and application design, focusing on improving existing systems and building reliable solutions. As his experience grew, he took on more advanced responsibilities, including cloud technologies, large-scale data systems, and microservices to improve performance and scalability.
Over time, his role expanded beyond development. He contributed to system architecture decisions, worked with cross-functional teams, and mentored other developers. He also helped modernize legacy systems and worked with companies in healthcare and financial services, where data security and compliance are critical.
This shows steady growth and hands-on impact, with a focus on solving real operational challenges for businesses. This profile is similar to many professionals we work with who have experience in growing technical roles and want to expand their impact independently.
The Challenge
RFE Focused on National Importance and Clarity of the Proposed Endeavor
After the initial filing, USCIS issued an RFE requesting clarification on the national importance of the proposed endeavor.
The request did not question the client’s qualifications. Instead, USCIS focused on how the work would be carried out and whether it would extend beyond a single employer. The RFE response focused on clarifying how the client would implement his plan independently and how his services would benefit SMEs on a broader scale.
As Immigration Attorney Nizar Kafrouni explained, “The issue was not the client’s qualifications. It was making sure the proposed endeavor was clearly understood and how the work would create impact beyond his company.”
At this stage, the challenge was to clearly define how the client’s work would move beyond a single role and deliver measurable value to the United States.
Response Strategy
Clarifying the Business Plan and Demonstrating Broader Impact
In response to the RFE, the legal team focused on clarifying how the client would carry out his proposed work and addressing USCIS concerns about its scope.
In this case, the client chose to pursue his endeavor by establishing his own business to provide technology solutions to SMEs.
To address this directly, the legal team helped refine the business plan to clearly show how the client would operate independently and deliver services across her industry. Additional evidence included a letter from a state’s Chamber of Commerce showing local demand, as well as an independent economist’s analysis and expert opinion letters confirming the value, impact, and feasibility of the project.
As Attorney Kafrouni noted, “A strong case clearly connects the client’s experience, plan, and supporting evidence. Each aspect needs to tell the same story.”
By clearly connecting the client’s experience, business model, and supporting evidence, the response addressed the officer’s concerns and reinforced the national importance of the case.
The Result
EB-2 NIW Petition Approved After RFE Response
After the RFE response, USCIS approved the EB-2 NIW I-140 petition. The approval confirmed that the client’s proposed work met the national importance requirement and demonstrated clear impact beyond a single employer.
The updated business plan and supporting evidence played a key role in demonstrating that his work would extend beyond a single employer.
Green Card Approval
The case moved to the final stage through adjustment of status. Immigration Attorney Diego Menendez guided this process.
Because the client was already in the United States under valid status, he was able to complete the process without consular processing. The case was straightforward, with no additional legal issues.
USCIS approved the adjustment of status in about four months, allowing the client to obtain lawful permanent residency and continue his work without interruption.
What This Approval Enables
With permanent residency, the client can move forward with his proposed endeavor in the United States.
He will support SMEs by improving their technology systems, including cloud infrastructure, data management, and scalable software solutions. This includes helping businesses transition to modern systems, improve data security, and increase operational efficiency.
He also plans to expand his talent incubator, an initiative he developed based on his professional experience and industry insight, which will train individuals in software development and IT. This program will help address the shortage of skilled professionals and create opportunities for job placement and entrepreneurship.
With this approval, the client is positioned to expand his work across the United States, helping businesses grow while supporting the development of a stronger technology workforce.
Case Overview
| Category | Details |
| Visa Classification | EB-2 National Interest Waiver (NIW), I-140 |
| Nationality | Mexico |
| Professional Field | Software Engineering |
| Education | Bachelor’s Degree in Software Engineering |
| Experience | Over 7 years of progressive experience |
| Request for Evidence (RFE) | Yes |
| Proposed Endeavor | Supporting SMEs through technology solutions and workforce development |
| Final Outcome | Green card approved (lawful permanent residency granted) |
Attorney’s Perspective
“The client’s work addresses real challenges that small and medium-sized businesses face, especially when it comes to technology and access to skilled talent. Our goal was to clearly connect that work to its broader impact in the United States.”
