Proving NIW Well-Positioned to Advance Proposed Endeavor Prong

The EB2 National Interest Waiver (NIW) is an attractive immigration pathway for professionals who can demonstrate that their work benefits the United States.

Contents hide

1 Why This Criterion is Critical for NIW Approval

2 What This Guide Covers

3 Understanding the “Well-Positioned to Advance the Endeavor” Prong

4 What Qualifies as Being Well-Positioned to Advance the Endeavor?

5 What Doesn’t Qualify as Being Well-Positioned to Advance the Endeavor?

6 How to Strengthen Your NIW Petition & Overcome Weaknesses

7 📌 Common RFE Issues & How to Overcome Them

8 Conclusion

9 📌 Further Reading & Resources

To qualify, applicants must satisfy the three-prong test established in Matter of Dhanasar:

Substantial Merit – The applicant’s work must have significant value in their field.
National Importance – The work must impact the U.S. beyond a local or regional level.
Well-Positioned to Advance the Endeavor – The applicant must prove they have the skills, resources, and credibility to successfully continue their work in the U.S.

Many applicants successfully establish Substantial Merit and National Importance, only to face challenges proving that they are well-positioned to advance their endeavor. USCIS is not just interested in whether your work is valuable—it also wants to see that you have the expertise, experience, and resources to execute your plans and make a meaningful impact in the U.S.

Why This Criterion is Critical for NIW Approval

A well-qualified professional can still be denied an NIW if they fail to demonstrate that they have the ability to carry out their work successfully in the U.S.. The “Well-Positioned” criterion ensures that only those who have the right background, funding, partnerships, or career trajectory are granted a waiver of the labor certification process.

What This Guide Covers

In this article, we will break down:

What USCIS looks for when evaluating whether an applicant is well-positioned.
What qualifies as strong evidence.
What doesn’t qualify and common reasons for denial.
How to strengthen your case with compelling evidence.
The most common challenges and how to address them.

If you’re planning to apply for an EB2 NIW, understanding this requirement can make or break your case. Let’s dive into the details.

PS: If you go through this guide and believe you have a potentially valid case, then don’t hesitate to fill out our free attorney case assessment questionnaire: Click here to access our free NIW evaluation form!

Understanding the “Well-Positioned to Advance the Endeavor” Prong

The third prong of the EB2 NIW test, as outlined in Matter of Dhanasar, requires applicants to demonstrate that they are well-positioned to advance their proposed endeavor in the United States. This means USCIS must be convinced that you have the qualifications, expertise, resources, and support necessary to successfully continue your work and make a lasting impact.

Unlike the Substantial Merit and National Importance criteria, which focus on the value of your work, this requirement evaluates your ability to execute your plans effectively. Even if your work is highly innovative and beneficial, USCIS may deny your petition if they are not convinced that you have the skills, connections, and resources to bring it to fruition.

🔹 How USCIS Evaluates Whether You Are Well-Positioned

USCIS considers several factors to determine whether an applicant has the capability and credibility to carry out their endeavor. While there is no fixed checklist, strong petitions typically include some or all of the following evidence:

✅ 1. Education and Professional Background

Your academic qualifications and professional experience should align with your proposed work.

Advanced degrees (Master’s, Ph.D.) or specialized training.
Years of experience in the field.
A track record of previous contributions, such as patents, research, or business success.

📌 Example: A biomedical researcher with a Ph.D. in genetics, 10 years of experience, and multiple high-impact publications would be well-positioned to advance an endeavor related to gene therapy innovations.

✅ 2. Relevant Work Experience and Career Achievements

A history of professional success in your field strengthens your NIW case.

Key leadership positions or executive roles in organizations.
Contributions to major industry projects or national initiatives.
Recognized achievements, such as awards, fellowships, or industry honors.

📌 Example: A cybersecurity expert with experience working for the Department of Homeland Security or a major tech company like Google or Microsoft would have a strong case for NIW approval.

✅ 3. Funding, Grants, or Financial Resources

Having financial support demonstrates that your work is feasible and sustainable.

Research grants from government agencies (e.g., NIH, NSF, DOE).
Private sector funding, venture capital, or institutional investment.
Corporate sponsorship or startup funding.

📌 Example: A clean energy entrepreneur with $500,000 in venture capital funding would have a strong case for being well-positioned.

✅ 4. Collaborations, Industry Endorsements, and Professional Network

Partnerships with respected organizations or government entities strengthen your case.

Letters of support from top professionals, government agencies, or research institutions.
Collaborations with leading universities, think tanks, or private corporations.
Membership in elite professional organizations.

📌 Example: A public health specialist working with the CDC, WHO, or NIH would likely be well-positioned to implement national health programs.

✅ 5. Clear Plans to Continue Work in the U.S.

A strong petition should include evidence that you have definitive plans for how you will advance your endeavor in the U.S.

A detailed business plan (for entrepreneurs).
Employment contracts or letters of intent from U.S. employers.
Research proposals with committed institutional backing.

📌 Example: A medical researcher with a formal offer from Harvard Medical School to lead a groundbreaking study is well-positioned.

🔹 Why USCIS May Reject NIW Petitions That Lack This Evidence

Many applicants meet the first two NIW criteria but fail to demonstrate that they have the ability to execute their plans. Common reasons for rejection include:

🚫 No relevant degree or work experience in the proposed endeavor.
🚫 No documented history of success in the industry.
🚫 Lack of funding or financial feasibility.
🚫 No partnerships, employer sponsorship, or institutional support.
🚫 Unclear or vague plans for future contributions in the U.S..

📌 Example of a Weak Case: A mechanical engineer with no patents, no collaborations, and no industry recognition may struggle to prove they are well-positioned, even if their work is beneficial.

🔹 How This Criterion Fits Into the Overall NIW Case

Think of your NIW petition as a three-part argument:

Why your work is valuable (Substantial Merit)
Why it matters to the U.S. (National Importance)
Why you are the right person to make it happen (Well-Positioned)

Failing to meet any one of these three criteria can lead to a denial. If USCIS is not convinced that you have the skills, resources, and credibility to successfully carry out your endeavor, they may issue a Request for Evidence (RFE) or deny the petition.

What Qualifies as Being Well-Positioned to Advance the Endeavor?

To satisfy the third prong of the NIW criteria, applicants must provide concrete evidence that they have the expertise, experience, and resources needed to advance their work successfully in the U.S. Below are strong indicators that an applicant is well-positioned.

✅ 1. Strong Educational Background & Expertise in the Field

A highly relevant academic degree or specialized training increases credibility and helps demonstrate that you have the necessary knowledge to advance your work.

📌 Examples of Qualifying Evidence:
✔ Ph.D., Master’s, or professional degree in a field directly related to the proposed endeavor.
✔ Postdoctoral research in a high-impact area with demonstrated results.
✔ Certifications or specialized training recognized by industry experts.
✔ A track record of publishing research, securing patents, or contributing to scientific or technological advancements.

📌 Example of a Strong Case:
🔹 A data scientist with a Ph.D. in Artificial Intelligence, multiple peer-reviewed publications, and a patent for AI-driven cybersecurity solutions.

📌 Example of a Weak Case:
❌ A finance professional with a general MBA, applying under NIW for blockchain technology development without technical experience.

✅ 2. Industry Experience & Professional Accomplishments

Having substantial experience in your field demonstrates that you have the skills to execute your endeavor successfully. USCIS looks for measurable career achievements as proof.

📌 Examples of Qualifying Evidence:
✔ Leadership roles (e.g., CEO, Senior Researcher, Department Head) in a recognized organization.
✔ Experience leading large-scale projects, national initiatives, or corporate innovations.
✔ Significant industry contributions, such as improving efficiency, safety, or accessibility.
✔ Employment at top research institutions, Fortune 500 companies, or government agencies.

📌 Example of a Strong Case:
🔹 A renewable energy engineer with 15 years of experience, having led the development of sustainable solar panels used in multiple U.S. cities.

📌 Example of a Weak Case:
❌ A software engineer with two years of experience and no industry awards, patents, or leadership roles.

✅ 3. Research Funding, Grants, or Financial Backing

Having financial support shows USCIS that your endeavor is viable. If your work has been backed by government agencies, private institutions, or investors, it strengthens your case.

📌 Examples of Qualifying Evidence:
✔ U.S. government grants (NSF, NIH, DOE, DARPA, etc.).
✔ Private-sector investments in your startup or business.
✔ University funding for ongoing research.
✔ Crowdfunding, venture capital, or angel investor support.

📌 Example of a Strong Case:
🔹 A biomedical researcher awarded a $1 million NIH grant for cancer research and currently collaborating with U.S. medical institutions.

📌 Example of a Weak Case:
❌ An entrepreneur without investment or revenue, claiming to develop a healthcare startup but providing no financial plan.

✅ 4. Partnerships, Collaborations, and Institutional Support

Strong endorsements from U.S. institutions prove that you are actively engaged in your field and well-positioned to make a lasting impact.

📌 Examples of Qualifying Evidence:
✔ Signed collaboration agreements with universities, research centers, or corporations.
✔ Memorandums of Understanding (MOUs) or letters of interest from industry leaders.
✔ Partnerships with government agencies, non-profits, or industry organizations.
✔ Invitations to serve as a panelist, guest speaker, or consultant on a national level.

📌 Example of a Strong Case:
🔹 A public health researcher working with Harvard Medical School and the CDC to develop pandemic response strategies.

📌 Example of a Weak Case:
❌ A freelance consultant with no signed agreements or professional endorsements proving future U.S. work.

✅ 5. Clear Plans to Continue Work in the U.S.

To be well-positioned, you must demonstrate a clear plan for the future, not just past achievements. USCIS wants to see where your work is heading and how it will continue to impact the U.S.

📌 Examples of Qualifying Evidence:
✔ Job offers or letters of intent from U.S. employers.
✔ A detailed business plan (for entrepreneurs) showing scalability and national impact.
✔ A research proposal with documented U.S. institutional backing.
✔ Conference presentations, industry leadership, or future speaking engagements in the U.S.

📌 Example of a Strong Case:
🔹 A cybersecurity expert with a job offer from the U.S. Department of Defense, working on national security projects.

📌 Example of a Weak Case:
❌ A professor without a faculty appointment, hoping to find opportunities after NIW approval.

📌 Key Takeaways: What Makes Someone Well-Positioned?

Factor	Strong Case	Weak Case
Education	Ph.D./Master’s in the field, published research, patents	General degree, no industry contributions
Work Experience	10+ years, leadership roles, key innovations	Limited experience, no leadership, no impact
Funding/Grants	NIH, NSF, private investment	No proof of financial backing
Collaborations	U.S. partnerships, endorsements, MOUs	No letters of support, no known collaborations
Future Plans	Business plan, job offer, research continuation	No clear evidence of ongoing work

What Doesn’t Qualify as Being Well-Positioned to Advance the Endeavor?

Even if an applicant’s work has substantial merit and national importance, USCIS may still deny the NIW petition if they fail to demonstrate that they are well-positioned to execute their proposed endeavor. Below are common reasons why applicants fail to meet this requirement and how to avoid them.

❌ 1. Lack of Relevant Education or Professional Background

🔴 Problem: The applicant’s education and work experience do not align with their proposed endeavor.

📌 Examples of Weak Cases:
🚫 An IT professional with a general MBA applying for an NIW in biomedical engineering with no experience in that field.
🚫 A civil engineer claiming to advance artificial intelligence (AI) research without a background in AI or data science.

✅ Solution:

Ensure that your academic degrees, certifications, and work experience directly support your NIW claim.
If transitioning into a new field, show relevant research, collaborations, or training to demonstrate your expertise.

❌ 2. No Track Record of Professional Achievements or Industry Recognition

🔴 Problem: The applicant does not have a history of leadership, innovation, or notable accomplishments in their field.

📌 Examples of Weak Cases:
🚫 A junior scientist with no peer-reviewed publications or citations.
🚫 A startup founder with no previous entrepreneurial experience and no evidence of past success.

✅ Solution:

Highlight awards, leadership roles, patents, publications, or past successful projects.
Obtain letters from industry experts confirming your expertise and influence in the field.

❌ 3. No Financial Backing or Proof of Feasibility

🔴 Problem: The applicant’s proposed endeavor requires significant funding, but they fail to provide evidence of financial resources.

📌 Examples of Weak Cases:
🚫 A clean energy entrepreneur claiming to develop next-gen solar panels but with no investor funding or business revenue.
🚫 A medical researcher with a promising project but no secured grants or institutional support.

✅ Solution:

Show grants, investment funding, or financial backing to demonstrate the feasibility of your project.
If applying as an entrepreneur, provide a detailed business plan showing expected costs, revenue projections, and scalability.

❌ 4. No Collaborations, Industry Partnerships, or Institutional Support

🔴 Problem: The applicant has no evidence of working with U.S. institutions, research labs, corporations, or industry leaders.

📌 Examples of Weak Cases:
🚫 A biotech researcher developing new drug therapies but lacking partnerships with U.S. pharmaceutical companies.
🚫 A public policy expert without any engagement with government agencies, think tanks, or research organizations.

✅ Solution:

Secure collaborations, letters of support, or memorandums of understanding (MOUs) with U.S.-based institutions.
Demonstrate involvement in industry networks, conferences, or government advisory panels.

❌ 5. No Clear Plan for Future Work in the U.S.

🔴 Problem: The applicant provides vague or unclear plans about how they will continue their work in the U.S.

📌 Examples of Weak Cases:
🚫 A professor claiming they will contribute to U.S. academia but lacking a faculty appointment or research proposal.
🚫 An entrepreneur stating they will launch a business but providing no business plan, market research, or funding commitments.

✅ Solution:

Provide employment contracts, job offers, or research proposals that confirm long-term work in the U.S.
Entrepreneurs should submit a business plan with revenue projections, market demand analysis, and funding details.

❌ 6. Weak Letters of Recommendation or Lack of Independent Endorsement

🔴 Problem: The applicant provides generic, vague, or unconvincing letters that do not prove their impact or qualifications.

📌 Examples of Weak Cases:
🚫 Letters from colleagues, mentors, or personal connections rather than independent experts.
🚫 Letters that only say the applicant is “talented” or “hardworking” without discussing national importance.

✅ Solution:

Obtain letters from influential experts, government officials, or industry leaders who can confirm your national impact.
Ensure letters include specific examples of how your work has influenced the field.

📌 Common USCIS Denial Reasons for Failing the “Well-Positioned” Test

Reason for Denial	Example of Weak Case	How to Fix It
No Relevant Education or Background	A financial analyst applying under NIW for cancer research without medical training.	Provide evidence of training, certifications, or relevant collaborations.
No Career Accomplishments or Recognition	A software engineer with no patents, publications, or leadership experience.	Demonstrate industry impact, publications, or major project contributions.
No Funding or Financial Plan	A startup founder with no investor backing or revenue.	Secure grants, venture capital, or research funding.
No Collaborations or Institutional Support	A scientist working independently with no university or corporate partnerships.	Build partnerships with research labs, companies, or government agencies.
No Clear U.S. Work Plan	An entrepreneur without a business plan, contracts, or market research.	Provide concrete business plans, employer support, or funding details.
Weak Letters of Recommendation	Generic letters from co-workers instead of industry leaders.	Obtain expert endorsements with detailed evidence of national impact.

How to Strengthen Your NIW Petition & Overcome Weaknesses

Strengthen NIW Well Positioned

If your NIW petition lacks strong evidence that you are well-positioned to advance your endeavor, USCIS may issue an RFE (Request for Evidence) or deny your application. Below are proven strategies to strengthen your case and avoid common pitfalls.

✅ 1. Strengthen Your Educational & Professional Credentials

🔹 If your degree is not directly related to your proposed endeavor, USCIS may question your expertise.

✔ Solutions:
✅ Highlight relevant experience – Show how your past work, research, or training aligns with your field.
✅ Show certifications & additional training – If you transitioned fields, provide evidence of professional development (e.g., online courses, boot camps, industry certifications).
✅ Use expert letters – Have industry leaders validate your qualifications and explain how your expertise applies to your NIW endeavor.

📌 Example:
❌ Weak Case: A civil engineer applying for an NIW in AI without any formal background in machine learning.
✅ Fixed Case: The engineer completed AI certifications, worked on infrastructure automation projects, and had letters from AI experts confirming their expertise.

✅ 2. Prove Industry Impact & Recognition

🔹 If USCIS is unsure whether your work is recognized as important, they may deny your petition.

✔ Solutions:
✅ Provide peer-reviewed publications, patents, or citations proving your influence.
✅ Show that your work has been featured in major media outlets or cited by policymakers.
✅ List awards, keynote speeches, and panel invitations as indicators of industry leadership.

📌 Example:
❌ Weak Case: A researcher with publications in low-impact, little-known journals.
✅ Fixed Case: Highlighted highly cited papers, provided Google Scholar citation count, and obtained letters from leading scientists confirming the impact.

✅ 3. Secure Financial Backing or Proof of Feasibility

🔹 If your endeavor requires funding, lack of financial support may raise doubts about feasibility.

✔ Solutions:
✅ Show grants, venture capital, or government funding to prove financial viability.
✅ If no external funding, submit financial projections, client contracts, or revenue reports to demonstrate sustainability.
✅ Include a detailed business plan for entrepreneurs, outlining scalability, projected revenue, and market demand.

📌 Example:
❌ Weak Case: A clean energy entrepreneur without funding or a clear business plan.
✅ Fixed Case: Secured $500K in venture capital, obtained letters from investors, and provided a detailed business plan with revenue projections.

✅ 4. Establish Collaborations & Partnerships

🔹 If USCIS sees no institutional or industry support, they may assume your work lacks credibility.

✔ Solutions:
✅ Obtain letters of support from universities, government agencies, or corporations confirming their collaboration.
✅ Sign MOUs (Memorandums of Understanding) with institutions to prove planned partnerships.
✅ Provide evidence of joint research projects, corporate partnerships, or advisory board roles.

📌 Example:
❌ Weak Case: A researcher claims they are “developing technology for NASA” but provides no proof of collaboration.
✅ Fixed Case: Obtained an MOU with NASA, emails confirming project involvement, and a letter from a NASA official supporting the petition.

✅ 5. Submit Strong Letters of Recommendation from Industry Experts

🔹 Weak, generic letters can sink an otherwise strong petition.

✔ Solutions:
✅ Letters must be from top experts, not just coworkers or supervisors.
✅ Each letter should explain why your work is nationally important and how you are well-positioned to continue it.
✅ Use data and real-world impact examples rather than vague praise.

📌 Example:
❌ Weak Case: A generic letter saying, “The applicant is hardworking and talented.”
✅ Fixed Case: A letter from a senior professor at MIT, stating, “The applicant’s work on AI-based cybersecurity has been cited 500+ times and is used by Fortune 500 companies for fraud detection.”

✅ 6. Prove a Clear Plan for Future Work in the U.S.

🔹 USCIS denies many petitions because applicants fail to show how they will continue their work in the U.S.

✔ Solutions:
✅ Provide employment contracts, job offers, or letters of intent from U.S. companies.
✅ If self-employed or entrepreneurial, include a business plan with projected growth, revenue, and impact analysis.
✅ Submit future research proposals, funding applications, or government contracts showing your continued U.S. contributions.

📌 Example:
❌ Weak Case: A researcher claims they will “continue work in AI,” but provides no evidence of how.
✅ Fixed Case: Showed a signed contract from Google, confirming their role in a high-impact AI research initiative.

📌 Common RFE Issues & How to Overcome Them

RFE Issue	Reason for RFE	How to Fix It
“Applicant is not well-positioned.”	Weak evidence of experience, achievements, or impact.	Strengthen letters, highlight key accomplishments, provide funding proof.
“No evidence of future work in the U.S.”	No contracts, business plans, or collaborations.	Submit employment offers, MOUs, or market analysis.
“Lack of institutional support.”	No university, government, or corporate backing.	Obtain endorsement letters from key industry figures.
“Vague or weak letters of recommendation.”	Letters fail to provide specific contributions or national impact.	Ensure letters are detailed, with data and examples.
“Unclear funding sources or feasibility concerns.”	No proof of investment, funding, or revenue model.	Provide grants, financial backing, or business projections.

Conclusion

Proving that you are well-positioned to advance your endeavor is one of the most critical aspects of an EB2 National Interest Waiver (NIW) petition. While meeting the Substantial Merit and National Importance criteria is essential, failing to demonstrate that you have the skills, resources, and track record to successfully execute your work in the U.S. can lead to a Request for Evidence (RFE) or denial from USCIS.

To strengthen your petition:
✔ Highlight your education, expertise, and industry contributions.
✔ Provide strong letters of recommendation from recognized experts.
✔ Show proof of financial backing, funding, or institutional support.
✔ Demonstrate active collaborations, partnerships, and industry recognition.
✔ Submit job offers, business plans, or research proposals to prove your future impact.

If USCIS challenges your case, don’t panic—focus on filling in the gaps with strong evidence. A well-prepared petition with a clear argument, strong supporting documents, and a well-defined path for future contributions significantly increases your chances of approval.

📌 Further Reading & Resources

For more in-depth guidance, case studies, and official sources related to the EB2 NIW Well-Positioned to Advance the Endeavor Criteria, explore the following resources:

🔹 USCIS Official Guidelines & Forms

USCIS Policy Manual – EB2 National Interest Waiver (NIW) Requirements
📌 https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-5
Form I-140 (Immigrant Petition for Alien Worker) – Filing Instructions
📌 https://www.uscis.gov/i-140
Visa Bulletin (Check Green Card Availability for EB2 NIW)
📌 https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
USCIS Processing Times for I-140 & I-485
📌 https://egov.uscis.gov/processing-times/
Check USCIS Case Status Online
📌 https://egov.uscis.gov/casestatus/landing.do

🔹 Legal Precedents & Case Law for NIW Petitions

Matter of Dhanasar (Key Case Establishing NIW Criteria)
📌 https://www.justice.gov/eoir/page/file/920996/download
Administrative Appeals Office (AAO) Decisions on EB2 NIW Cases
📌 https://www.uscis.gov/administrative-appeals-office-decisions
Common EB2 NIW RFEs & How to Respond
📌 https://www.uscis.gov/forms/filing-guidance/responding-to-a-request-for-evidence

🔹 Strengthening Your NIW Petition

How to Write a Strong EB2 NIW Petition Letter
📌 https://www.immihelp.com/national-interest-waiver-petition/
How to Get Effective Letters of Recommendation for EB2 NIW
📌 https://www.immihelp.com/recommendation-letters-for-eb2-niw/
Using Citations & Publications as Evidence for EB2 NIW
📌 https://scholar.google.com/ (Google Scholar – Track Your Citations)
📌 https://www.scopus.com/ (Scopus – Research Citation Database)
NIW Business Plans – How to Structure a Winning Petition
📌 https://www.bplan.com/sample-business-plans/ (Example Business Plans for Entrepreneurs)

🔹 Understanding the “Well-Positioned to Advance the Endeavor” Criterion

What USCIS Looks for in an NIW Petition
📌 https://www.uscis.gov/sites/default/files/document/guides/EB2-NIW-Guidelines.pdf
How to Prove You Are Well-Positioned for NIW Approval
📌 https://www.trackitt.com/usa-discussion-forums/i140-eb2-niw/ (Discussion Forum for NIW Applicants)
How to Strengthen Your NIW Case with Collaborations & Industry Recognition
📌 https://www.aila.org/infonet (American Immigration Lawyers Association – Expert Opinions on NIW)

🔹 Tracking Your EB2 NIW Case & Avoiding Delays

How to Expedite an EB2 NIW Petition (Premium Processing Info)
📌 https://www.uscis.gov/forms/all-forms/how-do-i-request-premium-processing
USCIS e-Request: Submit a Case Inquiry If Your Petition Is Delayed
📌 https://egov.uscis.gov/e-request/Intro.do

🔹 NIW Success Stories & Case Studies

Real EB2 NIW Approvals & RFEs (Forum Discussions & Case Studies)
📌 https://www.visajourney.com/forums/forum/127-eb2-niw-national-interest-waiver/

Final Thoughts

✔ Use official USCIS sources to ensure your information is accurate and up-to-date.
✔ Follow Matter of Dhanasar case law to structure your argument effectively.
✔ Leverage industry recognition, research collaborations, and funding proof to strengthen your petition.
✔ Track your case and be proactive if there are delays or RFEs.