EB-2 NIW Case Study: Systems Engineer From Colombia Approval, No RFE

Although the United States has the world’s largest video game market, with nearly 85% of U.S. teenagers (almost 39 million young people) participating in online gaming, the connection between gaming security and national importance may not be immediately evident in an EB-2 NIW petition.

A core challenge was showing that cybersecurity in gaming plays a role in protecting sensitive personal and financial data, the millions of young people who interact online each day, and the broader digital ecosystem, as gaming platforms increasingly connect with financial services, cloud infrastructure, and other networked devices. We needed to establish that the client’s work addresses a high-impact, widespread need and that effective data protection in gaming directly supports U.S. cybersecurity priorities.

As Attorney Messina explained, “Cybersecurity, in general, is easy to frame within national importance, but because the client’s endeavor was narrowed to the context of video games, our challenge was to show why this area is far more consequential than it appears at first glance.”

Overcoming the Absence of U.S. Letters of Interest

The client also did not have any letters of interest from U.S. organizations, an element frequently included in EB-2 NIW petitions. In this case, however, her extensive background worked strongly in her favor. Rather than relying on external endorsements, the legal team focused on demonstrating that her expertise, track record, and technical skill positioned her well to carry out her project.

As Attorney Messina put it, her qualifications were strong enough to balance the absence of letters of interest and still confirm that she had the expertise to move her project forward.

Attorney Messina identified a key area of concern for the U.S. government: the protection of personal and financial data. To illustrate this, he tied the case to national initiatives, including the National Cybersecurity Strategy and guidance from the Cybersecurity and Infrastructure Security Agency (CISA) on avoiding online gaming risks.

The client’s extensive professional background showed that she was uniquely qualified to address this need. With over 20 years of experience in systems engineering and information security, she had the hands-on expertise necessary to implement effective solutions immediately. Her achievements, certifications, and leadership in prior projects demonstrated that the United States would benefit from a highly capable, ready-to-act professional.

She also provided a detailed plan for her U.S. initiative, specifying the security services she would provide, how they would be implemented in games and consoles, and the concrete steps she would take to mitigate risks.

The petition was approved without a Request for Evidence (RFE). By clearly linking the client’s project to documented national cybersecurity priorities, demonstrating her impressive qualifications, and presenting a detailed, actionable plan for her proposed U.S. work, the petition established a compelling and well-supported case for a National Interest Waiver.

Rather than treating video game security as a niche topic, Attorney Messina connected it to major federal initiatives such as the National Cybersecurity Strategy and CISA’s guidelines on online gaming risks, showing that the client’s project aligned directly with publicly documented government concerns on data protection.

A Client Perfectly Positioned to Meet the Need

The client’s extensive experience, leadership in designing security systems, and proven technical abilities demonstrated that she was uniquely qualified to advance this work. The petition made clear that she was not only interested in addressing this problem but was equipped and ready to do so.