Two EB-2 NIW Approvals Without RFE for AI and Solar Entrepreneurs: A Legal Playbook

For immigration practitioners, these dual approvals offer a blueprint for meeting the NIW’s three-pronged test: substantial merit, national importance, and well-positioned. The cases underscore the value of documenting concrete U.S. activities and tying proposed endeavors to clear national policy goals.

Colombo & Hurd, a U.S. immigration law firm, recently secured two Employment-Based Second Preference National Interest Waiver (EB-2 NIW) approvals for foreign professionals in high-demand fields. A civil engineer from Honduras who runs a solar energy company and an AI software developer from Morocco both obtained permanent residency after USCIS approved their I-140 petitions without a Request for Evidence (RFE). These cases, published simultaneously by the firm, illustrate the extent to which the NIW pathway can be leveraged for entrepreneurs and technical experts whose work aligns with U.S. national interests—particularly in renewable energy and artificial intelligence.

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A civil engineer from Honduras who runs a solar energy company and an AI software developer from Morocco both obtained permanent residency after USCIS approved their I-140 petitions without a Request for Evidence (RFE).

The EB-2 NIW category allows foreign nationals to bypass the labor certification process if they can demonstrate that their proposed endeavor has substantial merit and national importance, and that they are well-positioned to advance it. For the AI developer, Colombo & Hurd argued that his plan to build AI-powered automation tools for finance, healthcare, manufacturing, retail, and logistics directly addresses a critical need: helping U.S. businesses move from manual to data-driven decisions. The petition tied his endeavor to national competitiveness, efficiency, and economic growth. The developer’s background—a master’s degree in computer science, over five years of software engineering experience, and a track record of developing a web-based loan processing application—provided concrete evidence of his ability to execute the proposed work.

The civil engineer’s case took a similar evidentiary approach but focused on energy independence and job creation. Holding both a bachelor’s in civil engineering and an MBA, he had built a solar panel installation company in the U.S. that was already generating revenue and employing local workers. The petition emphasized the federal government’s push for domestic energy production, the growing demand for residential and commercial solar, and the client’s unique combination of technical and business skills. By demonstrating an existing business, the petitioner could show that the national impact was not merely speculative.

Both cases highlight a strategic trend in NIW adjudications: USCIS appears receptive to professionals in fields targeted by federal policy priorities, especially when the applicant has a U.S.-based track record. The lack of RFEs suggests the legal team effectively frontloaded the evidence—tying the proposed endeavor to concrete industry needs, documenting past achievements, and forging a clear causal link between the applicant’s work and broad national benefits. For the AI developer, that meant showing how automation across five major sectors would boost productivity; for the solar entrepreneur, it meant demonstrating how his business directly contributes to the clean energy transition.

The implications extend beyond these two individuals. As the United States competes globally for AI talent and races to expand renewable energy infrastructure, immigration law is becoming a de facto policy instrument. Law firms that can craft compelling NIW petitions for professionals in emerging fields are likely to see growing demand. Moreover, these case studies serve as a template: a well-documented proposed endeavor, supported by market data and policy alignment, can overcome the inherent uncertainty of the NIW’s discretionary standard.

Notably, both clients adjusted status from within the United States, indicating they were already present on nonimmigrant visas or other legal status when filing. This detail underscores how the NIW can function as a bridge for temporary residents who have already begun building their U.S. careers. The firm’s dual-track approach—one attorney handling the I-140 petition, another guiding the adjustment of status—streamlined the process and minimized risks of delay.