NIW Well Positioned Requirement

The second prong of Matter of Dhanasar requires an EB2 National Interest Waiver applicant to establish that the applicant is well positioned to advance the proposed endeavor.

This does not require certainty that the endeavor will succeed. Instead, USCIS evaluates the applicant’s education, knowledge, skills, record of success, future plans, progress and other evidence showing a realistic ability to advance the proposed work.

For the general NIW framework, review NIW for researchers.

The Second Dhanasar Prong

The question is whether this particular applicant is well positioned to advance this particular proposed endeavor.

The analysis should therefore connect the applicant’s qualifications directly to the future work described in the petition.

Education

Relevant education may provide a strong foundation for the proposed endeavor.

Potential evidence includes:

An advanced degree alone, however, does not automatically establish the second prong.

Specialized Knowledge and Skills

The applicant may demonstrate technical expertise through specialized methods, laboratory techniques, computational tools, engineering knowledge, clinical expertise or other skills directly relevant to the endeavor.

Record of Success

Past success can provide evidence that the applicant is capable of making future progress.

Depending on the field, useful evidence may include:

Publications

Peer-reviewed publications may demonstrate that the applicant has successfully conducted and completed research related to the proposed endeavor.

There is no fixed publication minimum.

Citations

A strong citation history may demonstrate that other researchers have noticed and used the applicant’s work.

There is no fixed NIW citation threshold.

Review NIW citation requirements.

Patents

Patents may demonstrate technical innovation.

Evidence of licensing, commercialization or implementation may further demonstrate that the applicant has successfully translated technical work into practical use.

Research Grants

Competitive research funding can help show that organizations have confidence in the applicant’s research program.

The applicant’s role in obtaining or carrying out the grant should be explained.

Peer Review

Journal, conference or grant peer review may demonstrate that professional organizations trust the applicant’s expertise.

Peer review is supporting evidence rather than an independent NIW requirement.

Awards

Competitive awards may demonstrate prior professional recognition.

The petition should explain the award’s criteria, scope and significance.

Progress Toward the Proposed Endeavor

Evidence that the applicant has already begun advancing the endeavor can be especially useful.

Examples may include:

A Detailed Future Plan

The applicant should present a credible plan explaining how the endeavor will continue in the United States.

The plan may identify:

Employment Evidence

NIW does not require a permanent job offer.

Nevertheless, current or prospective employment can provide evidence that the applicant has a practical setting in which to advance the endeavor.

Institutional Support

Support from universities, laboratories, companies or other organizations can strengthen the second-prong showing.

Examples may include:

Government Support

Government funding or documented agency interest may provide particularly useful evidence when it relates directly to the applicant’s proposed endeavor.

Recommendation and Support Letters

Letters may be persuasive when knowledgeable experts explain specific achievements and provide concrete examples demonstrating why the applicant is well positioned.

Letters are stronger when supported by independent documentary evidence.

Review NIW recommendation letters.

Independent Adoption

Evidence that other researchers, companies, institutions or governmental entities have used the applicant’s work can provide powerful evidence of prior success.

Early-Career Researchers

A person does not need decades of experience to be well positioned.

Postdocs and other early-career researchers may rely on education, publications, research progress, specialized skills, collaborations and other evidence appropriate to their career stage.

Review NIW for postdoctoral researchers.

PhD Students

A PhD student may potentially demonstrate being well positioned when the record contains sufficient evidence of prior training, research progress and a credible future plan.

Review NIW for PhD students.

Being Well Positioned Does Not Require Guaranteed Success

Research and innovation inherently involve uncertainty.

The applicant does not need to prove that every future project will succeed. The evidence should demonstrate a credible capacity to advance the endeavor.

National Importance and Well Positioned Are Separate

Evidence showing that a researcher is accomplished does not automatically prove national importance.

Similarly, evidence showing that an endeavor is nationally important does not establish that a particular applicant is capable of advancing it.

Review NIW national importance.

Common Well-Positioned Problems

Research Funding and Impact Evidence

NIW RFE Guide for Researchers

Review how to respond to a researcher NIW RFE under the three Matter of Dhanasar prongs.

Primary Legal Sources

Show a Credible Path Forward

The second NIW prong is strongest when the record shows not only that the applicant is qualified, but that prior accomplishments, current progress and future opportunities create a credible path for advancing the proposed endeavor.

Contact The Messersmith Law Firm to request an NIW evaluation.

This page provides general immigration information and is not legal advice.