EB-2 NIW Case Study: Canadian Physicist Approval, No RFE

Canada

PhD in Physics and space- science researcher

Space exploration is changing fast. As the U.S. pushes toward Artemis lunar missions, Mars exploration, and AI-enabled space technologies, one challenge keeps coming up: Who will build the deep-space workforce needed to make all of this possible?

Our client, an accomplished physicist, space-science researcher, and educator, has spent nearly twenty years answering that question. He combines an advanced academic background in physics with hands-on experience in ultrafast microscopy, robotics analog missions, astronaut-candidate programs, and global space-training initiatives. His EB-2 National Interest Waiver (NIW) petition demonstrated a clear and urgent point: preparing the next generation of deep-space explorers is a national priority, and the United States needs experts who can train them.

Prepared by Colombo & Hurd senior attorney Vivian Daher, the petition was approved without a Request for Evidence.

Client Profile

A Unique Career at the Intersection of Science, Education, and Space Exploration

Unlike many cases that focus solely on research or publications, our client brought a rare combination of high-level physics expertise and extensive hands-on training experience within the space-science community. As Attorney Daher explained, “his background sits at this unusual crossroads: advanced physics, astronaut-candidate programs, robotics missions, and education, which made him not just a researcher, but someone shaping the future space workforce.”

He has taught physics at the university level, participated in Mars and lunar analog missions, completed competitive astronaut-training programs, and contributed to advanced research in ultrafast optics and space-science applications. This blend of technical depth and practical experience positioned him to address the critical U.S. need of developing a skilled, future-ready workforce capable of supporting upcoming lunar and Mars operations.

Independent experts, including a NASA Team Lead and a senior director at the International Space University, validated the significance of his work and the national importance of the training program he planned to implement in the United States.

The Challenge

Linking Ultrafast Science to America’s Space Workforce Needs

The hardest part of this case was translating a very technical background (ultrafast microscopy, planetary analog work, machine learning applications, and advanced physics) into a story that clearly connects to U.S. priorities.

Ms. Daher focused the petition on three essential questions that are critical in EB-2 NIW cases. First, she identified the core problem the Petitioner is addressing: the need to cultivate and prepare a highly skilled space-science workforce capable of leading next-generation deep-space missions. Second, she demonstrated why the Petitioner’s expertise is crucial, highlighting his unique combination of physics training, robotics mission experience, and innovative educational work, which together fill a critical gap in the STEM and aerospace workforce pipeline. Finally, she showed how the proposed endeavor aligns with the national interest, emphasizing that his project directly supports NASA’s Strategic Plan, the Artemis Program, the U.S. Space Priorities Framework, and the National Space Policy.

As Ms. Daher noted, “the key was showing how every piece of his technical background fits into a much larger national workforce problem. Clarifying that connection greatly strengthened the case.”

By anchoring the case in national workforce needs rather than abstract research, the Petitioner was able to demonstrate that his work has immediate relevance to the United States.

Strategic Response

Positioning a Training Program as Critical to U.S. Space Goals

A major strategic effort in the petition centered on establishing that a workforce-development initiative holds as much national value as scientific research. This required clearly articulating how the nation’s deep-space objectives depend strongly on the availability of a highly trained technical workforce.

The filing emphasized that workforce development is foundational to every U.S. deep-space initiative, as lunar landings, Mars missions, and AI-driven space technologies cannot advance without qualified scientists, engineers, and mission-support specialists. To address this critical gap, our client’s program integrated physics-based training, AI and machine-learning tools, robotics and augmented-reality simulations, space-mission analog scenarios, and hands-on modules aligned with NASA and commercial-space standards.

Recommendation letters highlighted that his program was feasible, timely, and urgently needed. Evidence from industry forecasts, federal policy documents, and NASA workforce reports underscored the increasing demand for skilled space-science professionals.

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The Result

Approval With No RFE and Immediate National Impact

The case was approved without a Request for Evidence, a strong indication that USCIS found the arguments clear, well-supported, and directly aligned with national priorities. With this approval, our client is now positioned to bring his deep-space workforce training program to the United States, where it can contribute to mission readiness for Artemis, Moon-to-Mars initiatives, and commercial-space expansion. The approval represents a significant milestone for our client and a meaningful step toward strengthening the United States’ capacity to train the next generation of scientists, engineers, and explorers who will lead future missions beyond Earth.

Why this Case Succeeded

Clear Evidence, Strong Strategy, and a Compelling National Need

This EB-2 NIW case succeeded because our legal team linked the client’s highly technical scientific background to strengthening the U.S. space workforce through advanced training and leadership development for deep-space missions. The strategy focused on demonstrating impact, not just in academic terms, but in the real-world workforce pipeline that underpins U.S. space leadership. Ultimately, as Ms. Daher emphasized, the case prevailed because it showed that “building the deep-space workforce is not a future issue, it’s a present necessity, and our client was uniquely equipped to lead that effort.”

Case Overview 
Category  Details 
Visa Classification  EB-2 National Interest Waiver (NIW) 
Nationality  Canada 
Field  Astronomy 
Education  PhD in Physics 
Request for Evidence (RFE)  No 
Final Outcome  Approved 
Lead Attorney  Vivian Daher 
Attorney Perspective

Vivian Daher

Senior Attorney

“This case was a reminder that one individual’s commitment to science and public outreach can help build the deep-space workforce our future depends on. Being part of that journey was an honor.” — Senior Attorney Vivian Daher