Responding to NIW RFEs: Strategies for Addressing Prong 2 (Well-Positioned to Advance the Endeavor)
NIW RFE Series – Part 2

In this second installment of our NIW (National Interest Waiver) RFE strategy series, we examine how to effectively respond to challenges related to Prong 2 of the Matter of Dhanasar framework: whether the applicant is “well positioned to advance the proposed endeavor.”

What USCIS Looks For

According to Matter of Dhanasar and reinforced through AAO decisions, USCIS evaluates the following factors when assessing Prong 2:

• The applicant’s education, skills, and specialized knowledge
• A track record of prior achievements in the field
• Concrete plans for future work in the U.S., including detailed career or business plans
• Evidence of progress, such as existing projects, contracts, or institutional support
• Proof of industry interest, including letters from potential collaborators, clients, or investors

What RFEs Are Asking

In practice, USCIS is increasingly scrutinizing this prong—especially in cases where the applicant is currently outside the United States. Recent RFEs emphasize the need for a detailed career development plan or business model, as well as documentation showing that the applicant has already taken steps toward independently launching their work in the U.S.

USCIS officers have explicitly stated that a business plan or model is essential, and that applicants should show some level of execution—such as outreach from potential clients, support letters from U.S. entities, or proof of services in demand.

Strategic Response: What to Provide

To effectively respond to a Prong 2 RFE, applicants should consider submitting the following:

• A comprehensive business planoutlining the nature of the proposed endeavor, market analysis, and implementation timeline
• Letters of intentfrom U.S. collaborators or clients
• Proof of project funding, including government grants or private investments
• Evidence of traction, such as pitch decks, startup registrations, or meeting summaries with potential partners
• Correspondence or support lettersshowing interest from the relevant industry or local communities

For applicants outside the U.S., it is especially important to demonstrate how they will transition and establish operations or projects once in the country. USCIS wants to see more than aspirations—it expects groundwork.