By Attorney Yazhou Wang (yazhou.wang@hooyou.com)

Under the legal framework established in Matter of Dhanasar, USCIS evaluates EB-2 NIW petitions based on three prongs. The second prong of this test requires the petitioner to demonstrate that the applicant is “well positioned to advance the proposed endeavor.”This prong shifts the focus from the applicant’s proposed endeavor (the first prong) to the applicant’s experience, skills, achievements, and future potential. USCIS assesses whether the applicant possesses the expertise, experience, skills, track record, and resources necessary to implement his future plan in the United States.

1. Key Factors Considered by USCIS

To determine whether an applicant is well positioned to advance their endeavor, USCIS considers a range of factors, including but not limited to:

• Education, Training and Skills –Relevant educational background, training and skills.
• Experience and Record of Success in Related Efforts – Prior accomplishments, such as research publications, awards, patents, and leadership roles in significant projects, can indicate that the applicant has a history of success in similar endeavors.
• Detailed Plan or Proposal – A clear and well-supported proposal outlining the applicant’s intended activities in the U.S. strengthens the case. For example, if an entrepreneur’s proposed endeavor is to establish a new company in the U.S., a detailed business plan will be an important document to help proving that the entrepreneur is well positioned to advance the proposed endeavor.
• Progress Toward Achieving the Endeavor – Applicants who have already begun making progress, such as securing funding or forming strategic partnerships, are in a stronger position. USCIS looks for evidence of measurable steps taken toward the proposed endeavor.
• Interest of Others in the Applicant’s Work – Interest or backing from potential customers, investors, partners, employers, or government agencies significantly bolsters an applicant’s case. Letters of support from industry leaders, funding commitments, or contracts with U.S.-based organizations can be persuasive. For example, if an entrepreneur, who plans to establish a company in the U.S., could obtain financial supports from a potential investor, the evidence of such investment commitment will be very helpful in showing that the entrepreneur is well positioned to advance the proposed endeavor.

2. Types of Supporting Evidence

While USCIS does not require any single piece of evidence to establish eligibility, a combination of the following documents can substantiate that the applicant is well positioned to advance the proposed endeavor:

• Degrees, certificates, or licenses in the field;
• Patents, trademarks, or copyrights developed by the applicant;
• Evidence of the recognition of the applicant’s work/achievements, such as:

1. Media reports about the applicant’s achievements or work;

2. Important awards granted to the applicant;

3. Evidence of the applicant’s published articles and evidence of the impact of the articles (such as the number of citations to the articles);

4. Evidence showing that the applicant’s work has influenced the field, such as evidence showing that the applicant’s work has solved an important issue in the field or evidence showing that the applicant’s work has provided new research directions for the field;

• Evidence showing that the applicant’s work is being used by others, such as:

1. Contracts with companies using products developed by the applicant;
2. Evidence showing that the applicant’s inventions/innovations are being used by others;

• A detailed plan describing the applicant’s plan for his future activities in the U.S.;
• Evidence showing the interest of others in the applicant’s future work, such as communications from and/or contracts/agreements with potential investors, partners, customers, users, or other relevant entities;
• Evidence of financial resources (this is particularly important for entrepreneurs);
• Letters from experts in the applicant’s field who have first-hand knowledge of the applicant’s achievements, describing the applicant’s achievements and providing specific examples of how the applicant is well positioned to advance the proposed endeavor.

3. Conclusion

The second prong of the EB-2 NIW test is a crucial component of a successful petition. By providing compelling evidence of their education backgrounds, qualifications, track record, detailed plans for future activities, and interest of others in their work, applicants can establish that they are well positioned to advance their proposed endeavor. USCIS adjudicates each petition on a case-by-case basis, assessing the totality of circumstances. No single factor is determinative, but a combination of strong credentials, past success, and future potential enhances an applicant’s chances of approval. The more integral an applicant is to the success of their endeavor, the stronger their case for being well-positioned to advance it.

One more thing to keep in mind:  Although applicants are required to prove that they are well positioned to advance their proposed endeavor, it is important to note that USCIS does NOT require applicants to prove that their endeavor will definitely succeed.

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients worldwide in all aspects of U.S immigration law. We have successfully handled over ten thousand immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, I-485 I-130, H-1B, O, L and J cases. In the past over twenty years, we have successfully helped over ten thousand clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

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(03/13/2025)