EB-2 NIW Green Card Approval Case Study: Supply Chain Professional from Argentina Becomes a U.S. Permanent Resident

Our client spent over a decade in supply chain management and data science. He holds a master’s degree in Supply Chain Management from one of the most respected engineering universities in the United States and a bachelor’s degree in industrial engineering. He began in supply chain operations roles at a global consulting firm and later moved into senior data science positions at two of the world’s largest consumer goods and retail companies. In his most recent role, he led initiatives to optimizeasset utilization and reduce logistics costs and emissions. 

His proposed endeavor was to take those same methods and bring them to small and medium-sized enterprises (SMEs) in the U.S., businesses that rarely have access to this kind of expertise. He planned to establish a consulting firm, offering predictive modeling and supply chain strategy to help SMEs become more resilient and efficient. 

Demonstrating a strong case without a traditional research background

After the initial filing, USCIS issued an RFE with two concerns. First, the proposed endeavor lacked a broader impact. Second, that the petitioner’s record of success was not sufficiently proven. The officer also cited the absence of patents, peer-reviewed journal articles, and a Google Scholar profile. 

However, the EB-2 NIW classification does not require patents, peer-reviewed publications, or citation records in every case. Those credentials can strengthen a petition, but their absence is not grounds for denial.

The RFE also conflated the petitioner’s proposed employment with his proposed endeavor. Under the Dhanasar framework, these are two distinct concepts. Our client’s proposed consulting firm is the vehicle for advancing the endeavor, not the endeavor itself. Evaluating national importance through the lens of employment rather than the endeavor led to an incorrect analysis of the first prong. 

Responding to an RFE and clarifying the proposed endeavor

The response demonstrated how the petitioner’s proposed endeavor aligns directly with federal initiatives, including the Executive Order on America’s Supply Chains and the White House Council on Supply Chain Resilience. The petition included a detailed business plan for the firm the petitioner intended to establish in the United States. Four new recommendation letters from senior data science colleagues and an independent academic professional were also submitted. 

As part of a complete response to the RFE, Attorney Kafrouni also addressed the third prong of the Dhanasar framework proactively. The response argued that requiring a labor certification for a self-employed entrepreneur to build a new consulting firmwould be impractical and contrary to the national interest. Industry data on supply chain talent shortages and Bureau of Labor Statistics projections through 2032 further reinforced the urgency of the petitioner’s contributions. 

Letters of interest from four U.S. business owners, including a freight corporation president and founders of small manufacturing and distribution firms, confirmed real demand for the petitioner’s services. 

EB-2 NIW green card was approved

USCIS approved the EB-2 NIW petition. After completing adjustment of status (the process of applying for a green card from within the U.S), our client received his green card. He can now establish his consulting firm in the United States and begin delivering the supply chain and data analytics services he designed for small and medium-sized American businesses. 

As a permanent resident, our client can now establish his consulting firm in the United States and begin delivering on his proposed endeavor.

Working across two phases, he will first collaborate with SMEs in the manufacturing and retail sectors, diagnosing their supply chain challenges and co-developing tailored, data-driven solutions. He then plans to expand these strategies to reach a wider range of businesses, growing his team to eight U.S. employees by year five.

Through training workshops and knowledge-sharing, he will put advanced supply chain methods, the kind typically available only to large enterprises, directly in the hands of the businesses that need them most.