Successful NIW Case Study – Software Developer & Entrepreneur

The EB2 NIW (National Interest Waiver) is a pathway that allows advanced degree professionals to self-petition for a green card for permanent residency in the United States. NIW is increasing in popularity in particular among science, technology, engineering, and mathematics (STEM) professionals and entrepreneurs given the favorable policy guidance promulgated in 2022.

In this post, we will discuss a successful AAO case study of a software developer and entrepreneur who self-petitioned for a NIW and was ultimately approved, which provides a glimpse into the key factors that contribute to a strong NIW case.

The applicant had a Master of Engineering degree from South Korea and a U.S. academic credential evaluation report that confirmed its equivalency with a U.S. Masters degree. He was working as the President and CEO of a mobile broadcasting software company in South Korea when he applied.

The applicant’s proposed endeavor was to work as an entrepreneur in the field of mobile technology, specifically, leading R&D activities and working towards the commercialization of certain mobile communication technologies that he had developed before in South Korea. Specifically, he had experience developing mobile broadcasting technology that transmitted messages using terrestrial DMB (digital multimedia broadcasting) frequency ranges. He argued that his technology could be used to set up a system in the U.S. that could reliably broadcast emergency text alerts to citizens in an uninterrupted manner, avoiding server overcrowding, slowdowns, and breakdowns.

The AAO found that the development of this text alert broadcast technology using terrestrial DMB would create strong ripple effects on the economy and contribute to protecting citizens’ lives in cases of disasters. Citing government reports that showed the U.S. government had led initiatives testing and developing such national-level alert systems, the AAO found that this proposed endeavor not only had substantial merit but also had national importance.

The Petitioner was also found to be well positioned to advance this endeavor. Key to this was the fact that Petitioner had previously developed this DMB based text-alert network system previously in South Korea, which was actually implemented nationwide by the South Korean government agency as an emergency alert system framework. In addition, the petitioner submitted copies of news articles, awards, intellectual property documentation, business contracts, and reference letters relevant to this work.

On balance, the government concluded that the United States could expect widespread benefits from research progress in the mobile communications industry that would result from petitioner’s work. Petitioner’s specialized knowledge in mobile processor software development, which was clearly at the forefront of the industry, and track record of successful commercialization of innovative mobile technologies in his home country, led to the conclusion that the petitioner would offer contributions of such value that, on balance, they would benefit the United States even assuming that other qualified U.S. workers are available.

Click here to learn more about the NIW eligibility requirements.