National Interest Waiver RFE · Dhanasar Prong Two
USCIS says you are not well positioned to advance the endeavor?
The second NIW prong focuses on whether this petitioner has a credible ability to move the proposed endeavor forward. The issue is not whether success is guaranteed. The record should show qualifications, progress, plans, support, interest, resources, or other evidence that makes advancement of the endeavor realistic.
Prong two connects the petitioner to the proposed endeavor.
Matter of Dhanasar identifies factors such as education, skills, knowledge, record of success in related efforts, a model or plan for future activities, progress toward achieving the proposed endeavor, and interest from potential customers, users, investors, or other relevant entities.
No single factor is necessarily required in every case. The evidence should be evaluated in the context of the particular endeavor and should explain why the petitioner’s background and current trajectory make continued advancement credible.
Common reasons USCIS issues a well-positioned RFE.
Strong credentials, weak connection to the endeavor.
Degrees, publications, awards, senior job titles, or years of experience do not automatically prove that the petitioner is positioned to carry out the specific future endeavor.
Past accomplishments are listed but not explained.
The response should identify which prior achievements demonstrate capabilities, momentum, credibility, access, or experience relevant to the proposed work.
The future plan is largely aspirational.
A plan becomes more persuasive when supported by concrete steps already taken, resources, partnerships, market activity, research progress, customers, funding, institutional support, or comparable evidence.
Recommendation letters provide conclusions only.
Letters are more useful when they describe specific knowledge of the petitioner’s work, explain why the record matters, and are corroborated by objective evidence.
Evidence of being well positioned is usually cumulative.
USCIS evaluates the record as a whole. Depending on the endeavor, useful evidence may include:
- Education, specialized training, licenses, technical expertise, and professional experience relevant to the endeavor;
- A record of success in projects or activities closely related to the proposed work;
- Research results, publications, patents, prototypes, products, implementations, or other demonstrated output;
- Contracts, grants, funding, investment, letters of intent, customer interest, or institutional commitments;
- Business plans or project plans that are credible, specific, and supported by underlying evidence;
- Progress already made toward the proposed endeavor;
- Independent recognition from people or organizations with a reason to evaluate the petitioner’s work; and
- Evidence of access to facilities, teams, collaborators, data, markets, capital, or other resources necessary to advance the endeavor.
Past success should point forward.
A strong prong-two response does not simply repeat a résumé. It identifies what the petitioner has already accomplished and explains why those accomplishments make advancement of the particular proposed endeavor credible.
Past Evidence
What has the petitioner actually done, achieved, built, researched, implemented, led, funded, published, or delivered?
Forward Connection
How does that record demonstrate the skills, access, credibility, momentum, or resources needed for the proposed endeavor?
USCIS does not require certainty of success.
The well-positioned inquiry is prospective and practical. The petitioner does not have to establish that the endeavor is certain to succeed. At the same time, unsupported intention is generally weaker than evidence showing meaningful preparation, progress, demand, support, or a demonstrated ability to execute related work.