Murthy Success: NIW Approval for Expert in Information Systems

The Murthy Law Firm regularly assists foreign nationals in filing self-sponsored immigrant petitions under the EB2 national interest waiver (NIW) category and in the EB1(a) for immigrants with extraordinary ability. In a recent NIW case, the immigrant petition (form I-140) was filed for an expert in information systems, particularly as it pertains to data privacy and security. This Murthy Law Firm client graciously granted us permission to share his story to help others who may be considering applying for an NIW.

Qualifying for a National Interest Waiver

The NIW is an avenue under U.S. immigration law to attract foreign nationals with an advanced degree or of exceptional ability in the sciences, arts, or business whose work is in the national interest, as explained in the MurthyDotCom InfoArticle, Overview of the EB2 National Interest Waiver (08.Jan.2024). Unlike most employment-based categories, there is no requirement for an employer to provide sponsorship under the NIW category. Rather, the I-140 normally is filed directly by the foreign national on their own behalf. If approved, the NIW waives the standard requirement of obtaining a PERM labor certification.

Presenting Petitioner’s Work to USCIS

The individual in this case held an advanced degree, but still needed to demonstrate that his proposed endeavor had both substantial merit and national importance, that he was well-positioned to advance the endeavor, and that, on balance, it would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirement.

We helped to evidence the substantial merit of our client’s work with expert opinion letters attesting that his contributions to data privacy and security provide significant economic and technological leadership and security benefits to the U.S., especially in light of increased cybersecurity threats. His findings in information systems, particularly in the realm of data privacy and security, have improved the understanding of other experts regarding data privacy and fraud detection. We further demonstrated that his work is of national importance, as it has been implemented through his developments for powerhouse U.S. corporations and it aligns with vital government initiatives related to artificial intelligence (AI). His work therefore applied nationally, rather than just locally or regionally.

We also presented evidence on how our client was well positioned to advance his proposed endeavors in the U.S. He has made a name for himself in the field of data privacy and security and has received an award for his extraordinary contributions to the field. He has also authored and received two U.S. patents, which demonstrated his ability to develop advanced data analysis techniques to improve data privacy and security. Moreover, he has been a member of distinguished professional organizations and has been awarded several prestigious certifications in his field. The fact that this client has an excellent track record of contributions which have influenced his field further showed that he was well-positioned to continue to advance his field in the U.S.

Ultimately, we were able to persuade the USCIS that, based on our client’s background and contributions to data privacy and security, it would be beneficial to the U.S. to waive the PERM labor certification requirement for him, and the USCIS approved the EB2 NIW petition.

Conclusion

The EB2 NIW category allows the U.S. to benefit from the creativity and innovation of highly accomplished foreign nationals. Given the opportunity, accomplished individuals help transform the nation and ensure that the U.S. remains a global leader in technology and innovation. The Murthy Law Firm has more than 30 years of experience in filing NIWs for our clients. Anyone interested in exploring the possibility of filing an NIW case is encouraged to schedule a consultation with an experienced attorney at the Murthy Law Firm.

The Murthy Law Firm never reveals details of any case handled by our firm, nor the identity of any client, without first obtaining express consent. We appreciate the generosity of our client in allowing us to use this case as an example to our readers. Please note that all cases are different. Even with cases that appear to be similar, past success does not guarantee a favorable result.

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