EB-2 NIW Guide for

Software Developers

Tailored EB2-NIW Guide for Software Developers.

TRUSTED BY INNOVATORS:

EB-2 NIW Criteria Explained for Software Developers

1
The Advanced Degree (Eligibility)

You must hold a Master’s degree or higher in Computer Science, Software Engineering, or a related field, or its foreign equivalent. Alternatively, a Bachelor’s degree plus 5 years of progressive, post degree work experience counts. Note that if you rely on the Bachelor’s plus 5 years, we must prove your experience is "progressive", meaning increasing technical responsibility, and strictly post graduation.

2
The "Proposed Endeavor"

This is the foundation of your entire case. You must define specifically what you will do in the U.S. Instead of simply stating you will work as a Senior Software Engineer, your endeavor should be specific, such as architecting zero-trust security frameworks for cloud-native financial systems. It must be forward looking and distinct from just being a generic employee writing code.

3
Substantial Merit (Prong 1)

For developers, this is often demonstrated by showing your work on an industry significant software, proven by usage and well known logos.

4
Well Positioned: Education & Expertise (Prong 2)

You must prove you are the right person to execute this endeavor. Your advanced degree in Computer Science is the starting point. We strengthen this with evidence of your industry work, relevant professional certifications (like AWS Solutions Architect), and references to strengthen your case.

5
Well Positioned: Progress & Traction (Prong 2)

You will need concrete evidence around progress in your field of expertise. Adoption of your software libraries by other companies, invitations to speak at technical conferences (like KubeCon or AWS re:Invent), or paid customer adoption in your technical product are excellent examples of helpful evidence.

6
Well Positioned: Record of Success (Prong 2)

We look for a track record of innovation relevant to your field of proposed endeavor. You will need specific proof that your past code mattered, such as high-star open source repositories on GitHub, patents for software logic, or evidence that you built core systems that successfully scaled to support millions of users.

7
National Importance (Prong 1)

You must prove your work has a broader impact beyond just your employer or clients. We leverage specific government frameworks, such as the Critical and Emerging Technologies list, to prove your specific technical niches. Artificial Intelligence, Cybersecurity, or High-Performance Computing are high priorities for the United States government to maintain global leadership.

8
Beneficial to the U.S. to Waive Job Offer (Prong 3)

You must argue why the U.S. benefits from you specifically, without testing the labor market via PERM. We argue that the United States faces a critical shortage of specialized engineering talent in your specific niche and that forcing you through a labor certification process would delay technical innovations that are urgent for U.S. competitiveness.

How Software Developers Qualify for the EB-2 NIW

We specialize in EB-2 NIW petitions for software engineers, cloud architects, and full-stack developers. 

This visa category is highly favorable for developers working in high-impact technical fields, as USCIS increasingly recognizes software infrastructure as critical to U.S. economic and national security.

To qualify, you must first prove eligibility and then pass the three prong Matter of Dhanasar test.

Common Challenges for Software Developers Getting the EB-2 NIW

Proving "National Importance"

Your primary challenge is proving your impact transcends your specific employer. You will need a strong narrative to prove that you can contribute to broader, positive impact on the U.S. economy or security.

We help frame your work's impact on national level goals based on our immigration expertise.

Establishing You Are "Well-Positioned"

As a developer, your challenge isn't your title, but proving your unique ability to advance your endeavor. This involves properly defining your technical niche beyond job title, showcasing your advanced degree, your track record of applying your technical skill to industry use, and ensuring the petition proves you possess specific skills that are difficult to find in the general U.S. labor market.

Move with Confidence

More than 90% of our clients run a cross border business with a U.S. entity with team mobility needs.

We pre-vet our attorneys with strong track records, so you don’t have waste months finding a good one.

We work with 10x engineers, regardless of industry, every day to craft compelling EB2-NIW petitions.

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Work with 15+ years of combined extraordinary visa knowledge. We are confident in your approval.

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Frequently asked questions

How long does the US visa process take with Beyond Border?

We guarantee to complete the petition drafting and submission within 1 month of receiving all supporting documents required to file your long term visa or green card petition. Beyond Border is amongst the fastest legal service provider in the industry, thanks to our tech-enabled approach to petition filing and focus on technologists.

How much does this cost?

The fee will vary depending on the visa or green card type that best suits your need, but you should budget between US$8,000-10,000, excluding government fees and depending on your long term visa or green card category.

You can visit USCIS's free fee calculator to get an estimate for the associated government fees to process your visa.

Who is Beyond Border?

Beyond Border is a modern immigration platform founded by immigrants from the technology industry for immigrants. We leverage technology to speed up the end-to-end U.S. immigration petition process, and work with a carefully curated network of attorneys who specialize in U.S. immigration cases for technologists.

Our attorneys maintain a 98% success rate throughout their careers with more than 4,000 approvals. We work exclusively with venture backed tech operators and researchers, which allow us maintain a high approval rate and provide profile building advice given sector expertise.

What happens if my visa application is rejected?

If your application is rejected, we will review the reasons for denial and help you reapply by addressing any issues or missing documentation.