NIW Documents - Business Plan (2)

Based on the AAO's NIW Denial Decision Dated September 29, 2023:

The following is a summary outlining what elements a successful business plan should include for an NIW (National Interest Waiver) petition, and what types of additional evidence are permissible in response to a Request for Evidence (RFE), based on a denial decision issued by the Administrative Appeals Office (AAO) on September 29, 2023.

1. Requirements for a Strong Business Plan in a Successful NIW Petition

In this case, a veterinary assistant applied for an NIW based on a plan to open an animal clinic in Texas. However, USCIS denied the petition, concluding that the petitioner was not adequately prepared to pursue the proposed business. This decision highlights that merely submitting a business plan is not sufficient — a successful petition must be supported by concrete, reliable evidence demonstrating both feasibility and readiness for execution.

A compelling NIW business plan must include the following components:

• Proof of Financial Backing: If the business is self-funded, the petitioner must provide evidence of available funds through bank statements, investment commitments, or similar documentation. In this case, the petitioner claimed a startup cost of $50,000 but failed to provide proof of available funding.

• Realistic Revenue Projections Based on Data: Revenue estimates must be supported by market analysis, competitive pricing comparisons, and clear service offerings. A simple claim such as “services will be priced at $49/hour” without evidence or rationale is not persuasive.

• Detailed Operational Plan: The plan must clearly outline services offered, hiring strategy, expense breakdowns, marketing approach, and a timeline for launching. Vague or overly general descriptions are insufficient.

• Evidence of Preparatory Steps Taken: At the time of filing, the petitioner should have already taken verifiable steps such as registering the business, signing a lease, purchasing equipment, or applying for relevant permits. In this case, the business registration was dated after the petition was filed, and the business location changed from Texas to Florida — both of which were cited as major issues.

• Geographic Consistency and Legal Feasibility: Any change in the business location or nature after filing can be considered a “material change,” which may lead to denial. Furthermore, under Texas law, individuals without a veterinary license cannot legally own or operate an animal hospital — yet the petitioner failed to address this legal barrier.

• Evidence of Demand and Support: Letters of support from potential clients, collaborators, or local community members can strengthen the petition. However, only letters dated prior to the petition filing date are considered valid. In this case, all letters were dated after the petition was submitted, and therefore were not accepted.

2. Rules Regarding Acceptable Evidence in RFE Responses

USCIS may issue an RFE when the initial petition lacks sufficient information. In this case, the RFE asked the petitioner to provide evidence of preparedness to carry out the proposed business. To be accepted, supplemental evidence submitted in response to an RFE must meet specific standards.

Examples of acceptable evidence:

• Documentation of prior success in similar business ventures

• Business registration documents (dated prior to the petition filing date)

• A revised, detailed, and specific business plan

• Lease agreements, investor commitments, or evidence of funds transferred showing actual progress

• Letters of support from clients, community leaders, or professionals (dated prior to petition filing)

• Proof of meeting legal and licensing requirements

Examples of unacceptable evidence:

• Evidence created after the petition filing date (e.g., support letters dated after submission, late business registrations)

• Major changes that alter the core of the original business plan (e.g., changing business location or scope)

• Speculative or exaggerated claims (e.g., unexplained profit growth, unsubstantiated cost estimates)

3. Final Assessment

This AAO decision demonstrates that an NIW petition based on a business proposal cannot succeed based on an idea alone. USCIS expects petitioners to provide clear, tangible evidence that they are fully prepared to execute the business and that the endeavor will serve the national interest of the United States.

To increase the likelihood of NIW approval, petitioners must submit:

• A well-developed business plan backed by verified financials

• Evidence created and dated before the petition filing date

• Structural and legal readiness, including licensing and regulatory compliance

• Proof of real-world actions taken, not just aspirational descriptions

All of these elements must come together to meet the rigorous standards set by USCIS for NIW approval.