What Does “Well-Positioned to Advance an Endeavor” Mean in a National Interest Waiver?
The National Interest Waiver (NIW) is an immigration pathway for foreign nationals whose work is deemed beneficial to the United States. One of the key elements to obtain an NIW is that the petitioner must be “well-positioned to advance the proposed endeavor.”
The Dhanasar Standard
The Dhanasar standard outlines a three-pronged test for evaluating NIW petitions:
- The foreign national’s proposed endeavor has both substantial merit and national importance.
- The foreign national is well-positioned to advance the proposed endeavor.
- On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.
Key Components of Satisfying the Second Prong on Being “Well-Positioned”
The second criterion for an NIW is that the petitioner must be “well-positioned to advance the proposed endeavor.” But what does this phrase actually mean, and how can you demonstrate it effectively in your NIW application?
Academic Credentials and Professional Expertise: Your educational background is a testament to your expertise in your field. Whether you hold advanced degrees or certifications or have undergone specialized training, these qualifications can significantly bolster your case.
Proven Track Record: A history of success is a predictor of future performance. Your track record—be it completed projects, scholarly publications, or other measurable achievements—serves as evidence of your capability to advance your proposed endeavor.
Financial Resources: If your endeavor requires financial resources, demonstrating that you have access to grants, investments, or other means of funding can significantly strengthen your case.
Endorsements and Institutional Backing: Letters of recommendation offer a third-party endorsement of your skills and contributions. When these letters come from experts or organizations invested in your success, they provide evidence of your ability to advance your endeavor.
A Concrete Plan: Having a well-thought-out strategic plan for your endeavor shows that you’re not just capable but also have a realistic and feasible path to success.
Strategies to Demonstrate Being “Well-Positioned”
Provide Evidence: Support your claims with tangible evidence such as awards, publications, or project outcomes. The more specific you can be, the stronger your case.
Submit Testimonials: Letters from experts in your field can serve as powerful endorsements. These should be detailed and specific, explaining why you are well-suited to advance your proposed endeavor.
Show Financial Backing or Grants: Evidence of financial support can go a long way in proving that you are well-positioned. This could be in the form of grants, contracts, or even a strong business plan for entrepreneurial endeavors.
Highlight Collaborations: If you are part of a team or have institutional backing, make that clear. Collaborative efforts often carry more weight because they come with additional resources and expertise.
Common Mistakes
Being Vague: General statements about your capabilities are less convincing than specific examples and concrete evidence.
Overlooking Soft Skills: While hard skills and expertise are crucial, don’t underestimate the value of soft skills like leadership, communication, and problem-solving.
Ignoring the Bigger Picture: Being well-positioned isn’t just about you; it’s also about how your endeavor fits into a broader context. Make sure to articulate this in your application.
Contact BBA Immigration
Effectively demonstrating that you are “well-positioned to advance the proposed endeavor” is a complex but crucial part of the NIW application process. Contact BBA Houston National Interest Waiver Lawyers today for a comprehensive consultation. Our team of experts is well-versed in the intricacies of the NIW process.
Sources:
uscis.gov/policy-manual/volume-6-part-f-chapter-5
ailatexas.org/wp-content/uploads/2017/01/Stick-a-Fork-in-Me-3-New-National-Interest-Waiver-Prongs.pdf
