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National Interest Waiver – NIW (EB-2)

Prong II. The Petitioner is Well Positioned to Advance the Proposed Endeavor

When evaluating whether an individual is well positioned to advance the proposed endeavor, USCIS examines the factors set forth in Dhanasar to determine whether, for instance, the individual’s progress towards achieving the goals of the proposed endeavor/research, record of success in similar efforts, impact of work on the field, or generation of interest among relevant parties supports such a finding.

You must provide evidence that your work has served as an impetus for progress in the field.

For example, is you are a researcher you must show that your scholarly research has been frequently cited by independent researchers in the field.

While you must provide letters of recommendation, the statements made regarding the impact of your work on the field must be corroborated with independent objective evidence.

Moreover, the majority of the letters should not be from your current employer. In essence, these letters do not reflect independent testimony of the petitioner’s work in the field and are insufficient to establish that the petitioner meets this prong.

You must submit evidence to establish that you are well positioned to advance the proposed endeavor.

Evidence which best establishes that the petitioner is well positioned to advance the proposed endeavor will document the petitioner’s qualifications (skills, experience and track record), support (financial and otherwise) and commitment (plans and progress) to drive the endeavor forward, and will support projections of future work in the proposed endeavor.

USCIS may consider factors including, but not limited to, the following:

  • The petitioner’s education, skills, knowledge, and record of success in related or similar efforts:
    • To show a petitioner’s education, skills, knowledge, and record of success in related or similar efforts, the petitioner may submit one or more pieces of evidence from the following non-exhaustive list:
      • Patents, trademarks, or copyrights owned by the petitioner;
      • Letters from experts in the petitioner’s field, describing the petitioner’s past achievements and providing specific examples of how the petitioner is well positioned to advance his or her endeavor. Testimonial letters should include information about the expert’s own credentials, such as a curriculum vitae;
      • Published articles and/or media reports about the petitioner’s achievements or current work;
      • Documentation demonstrating a strong citation history;
      • Evidence that the petitioner’s work has influenced his or her field of endeavor;
      • Evidence demonstrating the petitioner has a leading, critical or indispensable role in the endeavor or similar endeavors; and
      • Evidence showing that the petitioner’s past inventions or innovations have been used or licensed by others in the field.
    • A model or plan for future activities:
      • To show a model or plan for future activities, the petitioner may submit one or more pieces of evidence from the following non-exhaustive list:
        • A plan describing how the petitioner intends to continue his or her work in the United States;
        • A detailed business model, when appropriate;
        • Correspondence from prospective/potential employers, clients or customers; and
        • Documentation reflecting feasible plans for financial support.
      • Any progress towards achieving the proposed endeavor:
        • To show progress towards achieving the proposed endeavor, a petitioner may submit one or more pieces of evidence from the following non-exhaustive list:
          • Evidence of grants the petitioner has received listing the amount and terms of the grants, as well as the grantees;
          • Copies of contracts, agreements, or licenses resulting from the proposed endeavor or otherwise demonstrating the petitioner is well positioned to advance the proposed endeavor;
          • Evidence of achievements that the petitioner intends to build upon or further develop (including the types of documentation listed under “petitioner’s education, skills, knowledge, and record of success in related or similar efforts”); and
          • Evidence demonstrating the petitioner has a leading, critical or indispensable role in the endeavor.
        • The interest of potential customers, users, investors, or other relevant entities or individuals:
          • To show interest of potential customers, investors, or other relevant individuals, a petitioner may submit one or more pieces of evidence from the following non-exhaustive list:
            • Letters from a government entity demonstrating its interest in the proposed endeavor;
            • Evidence that the petitioner has received investment from U.S. investors, such as venture capital firms, angel investors, or start-up accelerators, in amounts that are appropriate to the relevant endeavor;
            • Evidence that the petitioner has received awards, grants, or other indications of relevant non-monetary support (for e.g., using facilities free of charge, etc.) from Federal, State, or local government entities with authority over the field of endeavor;
            • Evidence demonstrating how the petitioner’s work is being used by others, such as:
              • Contracts with companies using products, projects, or services that the petitioner developed or assisted in developing;
              • Documents showing licensed technology or other procedural or technological advancements developed in whole or in part by the petitioner and relied upon by others; and
              • Patents or licenses awarded to the petitioner with documentation showing why the particular patent or license is significant to the field.
            • Other evidence that the petitioner is well-positioned to advance the endeavor.

Note:

  • The petitioner may be well-positioned to advance the endeavor even if there is no certainty that the proposed endeavor will be a success.
  • However, unsubstantiated claims are insufficient and would not meet the petitioner’s burden of proof.

 

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