EB-2 NIW Case Study: Cybersecurity Expert Saudi Arabia Approval

Our client sought permanent residency to establish a cybersecurity consulting firm in San Francisco, but faced several challenges:

• Demonstrating that his proposed endeavor of developing advanced machine learning models and incident response strategies was of substantial merit and national importance
• Proving he was well-positioned to advance this work without the need for a U.S. employer
• Establishing that waiving the job offer and labor certification requirements would benefit the United States
• Navigating the complex evidentiary requirements for EB-2 NIW approval

Our legal team developed a comprehensive strategy that emphasized three key elements required under the Matter of Dhanasar framework for EB-2 NIW approval:

1. Substantial Merit and National Importance

We documented how the client’s proposed endeavor of developing and implementing advanced machine learning models and incident response strategies to optimize cyber threat detection, enhance cybersecurity frameworks, and improve data protection directly addressed critical national security concerns.

We highlighted authoritative sources including:

• The National Cybersecurity Strategy Implementation Plan (NCSIP)
• The National Institute of Standards and Technology (NIST) frameworks
• The Cybersecurity and Infrastructure Security Agency (CISA) initiatives
• Executive orders focusing on supply chain resilience

Ms. McVey provides insight into how we aligned this client’s endeavor with current national priorities: “Together, we crafted a petition that clearly demonstrated how his work will strengthen national security, safeguard critical infrastructure, and advance regulatory compliance in the United States. We argued its vital importance to the U.S. IT industry, using relevant law and policy to support the urgent need to integrate emerging technologies into existing cybersecurity infrastructure.”

2. Well-Positioned to Advance the Proposed Endeavor

We built a compelling case demonstrating the client’s exceptional qualifications:

• Educational background in the STEM field of Computer Software Engineering
• Detailed work experience letters outlining 12+ years of relevant expertise
• Support letters from experts attesting to his knowledge and abilities
• Numerous professional certifications demonstrating continuous skill development
• A detailed business plan for establishing his cybersecurity consulting firm in San Francisco
• Letter of interest from the CEO of a nationwide logistics company seeking his cybersecurity expertise

3. Benefit to the United States

We successfully argued that waiving the job offer requirement would benefit the U.S. by:

• Addressing urgent cybersecurity threats to critical infrastructure
• Contributing to economic development in Opportunity Zones within San Francisco
• Filling crucial gaps in the STEM talent pipeline identified by USCIS
• Creating jobs and enhancing U.S. competitiveness in cybersecurity
• Strengthening national supply chain security through collaboration with logistics companies

USCIS approved our client’s EB-2 NIW petition, recognizing his exceptional abilities in cybersecurity and the national importance of his proposed endeavor.

“The case was quickly approved by USCIS, and we are so glad to have been a part of making our client’s immigration dreams a reality,” shares Ms. McVey.

With his EB-2 NIW approval, our client can now pursue his plans to:

• Establish an IT cybersecurity consulting firm in San Francisco
• Develop cutting-edge machine learning models for cyber threat detection
• Implement robust incident response strategies for businesses and government agencies
• Collaborate with logistics companies to strengthen supply chain security
• Create jobs in economically designated Opportunity Zones

It’s worth noting that this approval also aligns with recent executive orders and policies of the new administration, which may present unique opportunities for professionals in sectors like cybersecurity and AI, highlighted in our prior article: Global Demand for U.S. Talent in Emerging Tech Sectors.

This case demonstrates that with proper strategy and documentation, the EB-2 National Interest Waiver remains an accessible immigration pathway for qualified professionals whose work substantially benefits the United States’ national interests.