Key Insights and Strategies for a Successful EB-2 NIW (National Interest Waiver) Application

USCIS evaluates EB-2 NIW applications by thoroughly reviewing all submitted evidence and the applicant's arguments as a whole. Rather than assessing individual pieces of evidence in isolation, USCIS examines the logical connection and persuasiveness of the entire submission. If the evidence does not adequately support the claims, there is a high likelihood of denial.

The evaluation is based on the three criteria established in the Dhanasar precedent. First, the proposed endeavor must have substantial merit and national importance. This means the activity must contribute meaningfully to areas such as economics, science, arts, education, health, or culture and must extend beyond regional impact to achieve national-level influence. Examples include innovation, job creation, or advancing public welfare.

Second, the applicant must be well-positioned to advance the proposed endeavor. This involves demonstrating the applicant's qualifications, past achievements, and expertise, which collectively show their ability to successfully carry out the activity. A clear connection between past accomplishments and future plans is critical. Letters of recommendation and endorsements from industry experts can serve as compelling evidence to support this argument.

Third, it must be in the national interest to waive the job offer requirement. This requires proving that requiring labor certification would hinder the proposed activity's execution and that the applicant possesses unique expertise or skills that are not readily available within the U.S. workforce. Highlighting the applicant’s distinctiveness and demonstrating how their activities align with national priorities is crucial for meeting this criterion.

In my experience as an attorney handling NIW cases, one of the most critical elements of a successful application is demonstrating the clear relationship between the applicant's past accomplishments and their proposed future endeavors in the U.S. It is not enough to list achievements or outline a plan. Instead, the application must clearly articulate how these accomplishments form the foundation for meaningful contributions to the U.S. economy, society, or specific industries.

For instance, while evidence of expertise or prior success is essential, it must be connected to how the applicant will provide innovative, unique, and irreplaceable value to the U.S. Additionally, letters of recommendation should go beyond general support and provide specific examples of how the applicant's work aligns with and advances U.S. national interests. In my experience, strategically prepared letters tailored to the applicant’s proposed endeavor significantly strengthen the application.

Ultimately, the success of an EB-2 NIW application relies on crafting a persuasive narrative that aligns the applicant’s qualifications and proposed activities with the Dhanasar criteria. With careful planning and strategic preparation, it is possible to address these requirements effectively and significantly improve the chances of a favorable decision. As a specialized attorney, I can provide the guidance and expertise needed to build a strong, well-supported case and help applicants achieve their goals.

Hong-min Jun

Attorney at Law

Admitted to practice law in the states of Indiana and Illinois