List of Documents that are needed for NIW application

Proposed endeavors

You need to submit detailed description of your proposed undertaking or venture. You must submit evidence to establish that your proposed endeavor has substantial merit.
Not importance of the industry or profession in which the individual will work, but the specific endeavor that the applicant proposes to undertake.
The evidence must demonstrate the endeavor’s potential prospective impact such as:
  • Has national or even global implications within a particular field
  • Has significant potential to employ US workers or has other substantial positive economic effects, particularly in an economically depressed area.
  • Will broadly enhance societal welfare or cultural or artistic enrichment; and,
  • Impacts a matter that a government entity has described as having national importance or is the subject of national initiatives.
The Matter of Dhanasar decision provided a more flexible and inclusive framework for NIW eligibility, making it more accessible to a broader range of individuals, including entrepreneurs and those whose work may not have had immediate and quantifiable impacts. However, it's important to note that immigration law can change, and USCIS policies may evolve, so it's advisable to consult with an immigration attorney or refer to the USCIS website for the most up-to-date information and guidance on the National Interest Waiver

Applicant; well positioned to advance the proposed endeavors

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