EB-2 NIW Case Study: Venezuelan Infectious Disease Physician Approval on Initial Filing

The main challenge in this case was how to fit a prevention-focused, community health project within the EB-2 NIW standard. She was not seeking a traditional hospital position or a U.S. medical license at this stage, and she did not have a letter of interest from a U.S. employer or hospital. Instead, she proposed to lead a non-profit centered on HIV and STI prevention, education, and support services. 

EB-2 NIW physicians often pursue more conventional clinical or research roles. In this case, the legal team needed to show that her work in prevention, community outreach, and public health education is just as critical to national health outcomes as direct hospital care. They also had to highlight how the organization she plans to build would support broader U.S. strategies on HIV and public health, rather than being viewed as a purely local initiative. 

As Attorney Verónica Virgen explains, “We had to clearly show that community-based HIV and STI prevention can have a national impact, and that her leadership in this space directly supports the United States’ own public health priorities.” The team’s focus was on demonstrating her value as a leader of large-scale prevention efforts, not just as a clinician seeing patients one by one.

To secure approval of this EB-2 NIW case, the legal team anchored the petitioner’s work in the broader landscape of U.S. HIV and STI policy. Her planned non-profit is a natural fit into the national movement to end the HIV epidemic, reduce preventable deaths, and expand access to prevention services in communities that remain at higher risk. The strategy emphasized how her experience in infectious diseases directly supports key federal initiatives focused on prevention and community-based responses. 

The client also had a strong record showing that she is exceptionally prepared to carry out her endeavor, even without a letter of interest from a U.S. employer. Our team highlighted her two decades of experience in the field of infectious diseases, her leadership in infection-control programs, and her track record of reducing infection rates and improving hospital safety. Expert letters from professionals in her field reinforced her impact and explained why her skills are especially valuable in the United States, where there is a documented need for physicians and public health professionals who can manage high-impact infectious diseases. Attorney Verónica Virgen emphasized that the key was to present her not only as a qualified physician, but as a proven leader in large-scale prevention and public health education. 

Finally, the team explained that her organization will expand HIV and STI prevention in underserved communities, strengthen national public health efforts, and support long-term health equity. This clear connection between her EB-2 NIW petition, her prevention-focused work, and U.S. policy objectives was central to the approval. 

USCIS approved the petitioner’s EB-2 National Interest Waiver on the initial filing. The agency accepted that her proposed non-profit, focused on HIV and STI prevention, addresses issues of clear national importance and responds to documented public health needs in the United States. 

With this approval, she can move forward with establishing her organization in the U.S. and begin implementing her community-based prevention model. The result allows her to shift from hospital-based infection control to leading a prevention-focused initiative that advances HIV and STI education, early intervention, and support for people living with these conditions. 

For the petitioner, this approval marks a pivotal step in both her professional trajectory and her personal commitment to public health. It validates more than two decades of work in infectious diseases and gives her the opportunity to protect high-risk and underserved communities at a national level. For the United States, it secures the long-term contribution of a physician who is committed to reducing preventable infections and strengthening public health. 

This EB-2 NIW case succeeded because the petition drew a clear line between the petitioner’s work in infectious diseases and the United States’ public health needs. The evidence showed that her HIV and STI prevention efforts help close critical gaps in care for high-risk communities, rather than functioning as a small, isolated project. It also highlighted that these gaps are time-sensitive, making her prevention model especially important now. 

Her long record of lowering infection rates, improving hospital safety, and training clinical teams provided concrete proof that she can deliver results. Expert letters from leaders in infectious diseases and public health reinforced that she is a capable public health leader as well as a strong clinician. Combined with a realistic plan for her non-profit and a persuasive argument, this created a focused, coherent narrative that supported approval and showed that physicians can qualify for  EB-2 NIW based on large-scale prevention work, even when they are not entering a traditional hospital role or supported by a U.S. letter of interest.

Our client can move ahead with building her non-profit organization in the United States and focusing her efforts on HIV and STI prevention where it is most needed, thanks to this EB-2 NIW approval. She can now design and implement programs that provide education, early intervention, and psychosocial support to immigrant and other high-risk communities, without being constrained by traditional employment or licensing timelines. 

She can invest in long-term public health projects, recruit and train staff, and deepen partnerships with clinics and public health agencies. Over time, her work can help reduce new infections, improve early diagnosis, and support better outcomes for people living with HIV and other STIs. At a national level, the approval ensures that the U.S. benefits from a physician whose career has been dedicated to infectious disease prevention and to strengthening community-based responses to serious public health threats.