NIW Documents - Business Plan (3)

Case Commentary on the Importance of a Business Plan as Evidence in NIW Petitions

This is based on the AAO decision dated August 23, which is notable for providing detailed standards regarding business plans in NIW (National Interest Waiver) cases. The petitioner in this case was a civil engineering professional who submitted a business plan to demonstrate his contribution to the national interest. However, USCIS identified flaws in the plan and ultimately denied the petition. This case serves as a clear illustration of how the AAO evaluates business plans in NIW adjudications.

NIW Attorney’s Analysis and Commentary:

This case highlights several critical issues that petitioners must address with care when applying for a National Interest Waiver under the Matter of Dhanasar framework.

Substantial Merit and National Importance:

The AAO acknowledged that the proposed endeavor—providing logistics storage solutions in Florida—had intrinsic value. However, the petitioner failed to persuasively explain how the proposed business addressed a broader national-level problem. Although the petitioner aimed to expand statewide in Florida by 2028, the lack of focus on national importance may have negatively impacted the case. In my NIW practice, I always advise clients to clearly articulate how their work aligns with national priorities such as addressing critical infrastructure needs, fostering technological innovation, or enhancing public safety.

Well-Positioned to Advance the Endeavor:

This is often the most challenging prong under the Dhanasar test. The AAO requires specific and verifiable evidence showing that the petitioner is well-positioned to carry out the proposed work. In this case, the AAO found that the petitioner’s business plan lacked sufficient detail, including a clear financial roadmap, staffing strategy, and operational expansion plans. From my experience, successful NIW petitions include solid evidence of the applicant’s unique qualifications, industry networks, and track record of success. Generic proposals are unlikely to persuade adjudicators.

Although the petitioner had warehouse construction experience in Colombia, the AAO concluded that this background did not effectively translate into a logistics consulting business in Florida. The key takeaway is that past experience must clearly support and align with future plans. For example, if the petitioner has engineering and construction experience, they must demonstrate how those skills directly contribute to success in logistics and consulting.

Lack of Demonstrated Interest from Clients and Investors:

One of the most important factors in proving “project feasibility” is showing tangible interest from stakeholders—clients, users, or investors. Although the petitioner submitted letters of interest from several companies, the AAO found them insufficient. Strategically, I always emphasize the importance of gathering strong stakeholder support in the form of contracts, letters of intent, or formal partnerships. Vague letters of interest alone do not convincingly establish a viable business path.

Importance of Specificity in the Business Plan:

A common shortcoming in NIW applications is the lack of detail in business plans or proposed endeavors. As an NIW expert, I recommend that petitioners present well-structured financial projections, a realistic timeline, and concrete market demand data. They must also explain how their work contributes to the logistics sector, particularly its impact on the U.S. economy, technology, or infrastructure.

Discretion and Balancing Test:

While the AAO did not address the third Dhanasar prong in this case (whether it is beneficial to the U.S. to waive the job offer and labor certification), it’s important to remember that this element is inherently discretionary. Even if the first two prongs are satisfied, the AAO can still deny the petition based on a discretionary assessment. Therefore, I advise petitioners to not only meet the legal standards but also persuasively demonstrate how their work aligns with national interests. This requires clearly linking the proposed endeavor to U.S. policy goals.

Conclusion:

In conclusion, this case illustrates how essential a strategic and detailed approach is to a successful NIW petition. While the proposed business may have had potential, the lack of specificity in the business plan, insufficient evidence of viability, and failure to demonstrate meaningful stakeholder interest led to its denial. As an attorney, I stress that NIW applicants must submit a well-structured case that thoroughly establishes their qualifications, business viability, and relevance to the U.S. national interest in order to maximize their chances of success.