
Blog
korean blogThe Importance of Time Frame in National Interest Waiver Applications
May 25, 2023
When applying for a National Interest Waiver (NIW), it is
important to provide evidence that demonstrates both substantial
merit and national importance. This evidence can include a
detailed business plan, letters of recommendation, and expert
opinion letters. However, even if all evidence is properly
prepared in English, the time frame of the application can still
impact its success.
In a recent USCIS case, a petitioner submitted an NIW
application with a business plan that was drafted nearly one
year after the filing of the petition. While all evidence was
properly prepared in English and demonstrated substantial merit
and national importance, USCIS denied the case because they did
not believe that the petitioner had provided sufficient evidence
to demonstrate that their proposed endeavor met the requirements
for a National Interest Waiver.
This case highlights the importance of submitting a
well-developed and concrete plan for your proposed endeavor at
the time of filing. Waiting nearly a year to submit a business
plan in response to an RFE may be viewed negatively by USCIS and
could impact their decision to grant an NIW.
Therefore, it is important to carefully consider your timeline
when applying for an NIW. If you are not yet ready to submit a
detailed business plan or other evidence demonstrating
substantial merit and national importance, it may be better to
wait until you have developed your plans further before
submitting your application.
In conclusion, while all evidence being properly prepared in
English is important when applying for an NIW, it is also
crucial to consider your timeline. Submitting a well-developed
and concrete plan at the time of filing can increase your
chances of success and help demonstrate that your proposed
endeavor has both substantial merit and national importance.
Hong-min Jun
NIW attorney
NIW attorney