Welcome back to our series on the Employment-Based Second Preference National Interest Waiver (EB2 NIW) Green Card category. In our previous articles, we discussed the EB-2 threshold qualifications and demonstrating that your work has substantial merit and national importance—the first criterion of the Matter of Dhanasar decision. Today, we focus on the second prong: proving that you are well-positioned to advance your proposed endeavor.
Understanding the Second Prong: Well-Positioned to Advance the Endeavor
The second prong of the Matter of Dhanasar requires you to demonstrate that you not only possess the necessary skills and experience to carry out your proposed work but also have a clear plan for how you will implement and advance your endeavor in the United States. This prong looks both backward, at your prior achievements, and forward, at your future plans. Without adequately mapping out how you will advance your endeavor in the U.S., your NIW petition cannot approved.
The goal is to show that your past achievements have laid a solid foundation for your proposed work and that you’ve taken concrete steps to ensure future success. It’s not just about proving past success—it’s about demonstrating that your past accomplishments naturally lead to, and support, your future plans.
Key Factors to Consider
Linking Past Successes to Future Plans
Your previous accomplishments are crucial, but it’s equally important to show how these successes position you for success in your future U.S. endeavor. There should be a clear, logical progression from what you’ve already achieved to what you intend to do next.
Example: If you’ve developed innovative healthcare solutions adopted in several countries, explain how this experience has prepared you to tackle similar challenges in the U.S. healthcare system.
Detailed Planning for Your U.S. Endeavor
USCIS will look for evidence that you’ve done more than just conceptualize your U.S. endeavor—you need to show that you’ve taken steps to bring it to life. This includes strategic planning, resource allocation, and initial implementation efforts.
Example: If you’re planning to establish a renewable energy startup in the U.S., provide a detailed business plan outlining your market analysis, initial funding, partnerships, and any early-stage work, such as securing patents or pilot testing your technology.
Relevant Education, Experience, and Ongoing Development
Your educational background and professional experience are important, but they should be presented as part of a broader narrative that shows continuous development and preparation for your U.S. endeavor.
Example: Highlight not only your Ph.D. in environmental science but also the specific projects you’ve led and the skills you’ve gained that directly prepare you for your planned work in the U.S.
Proactive Steps Taken Toward Your U.S. Goals
Evidence of proactive steps toward your U.S. endeavor can significantly strengthen your case. This could include setting up a U.S. entity, securing initial funding, forming partnerships, or beginning preliminary work.
Example: If you’re moving to the U.S. to launch a new technology platform, evidence that you’ve incorporated a U.S. entity, conducted market research, and established key partnerships will demonstrate that you are serious and prepared to move forward.
Letters of Support and Recommendation
Letters from experts who can vouch for both your past achievements and future plans are invaluable. These letters should make it clear that you have a realistic and well-thought-out plan for your U.S. endeavor.
Example: A letter from a former mentor who has witnessed your past successes and supports your current project can help tie your past and future together, showing continuity and foresight.
Addressing Potential Challenges
Part of demonstrating that you’re well-positioned is acknowledging and planning for potential challenges. USCIS will want to see that you’ve thought through the risks and have strategies in place to overcome them.
Example: If your endeavor involves entering a highly competitive market, outline how you plan to differentiate yourself, secure funding, and scale your operations despite these challenges.
Balancing Past Success and Future Planning
While your prior successes are essential, they should serve as a foundation that supports your future plans. USCIS is looking for a coherent narrative that ties your past achievements to your future endeavors, demonstrating that you have the knowledge, skills, and preparation needed to succeed in the U.S.
How to Present Your Evidence
To effectively present your case, organize your documentation to create a clear narrative that ties your past successes to your future plans:
Create a Narrative: Begin with your resume or CV, followed by detailed descriptions of your past successes. Be specific and detailed about the steps you took to succeed and the impact your prior successes had. Then transition into your future plans and the steps you’ve already taken to achieve them.
Highlight Future Planning: Use your business or project plan as a centerpiece to show that you’re not just relying on past successes but are actively working toward your U.S. goals.
Use Letters Strategically: Include letters of support that not only highlight your past achievements but also endorse your future plans, showing that others believe in your ability to succeed.
Conclusion
The second prong of the Matter of Dhanasar test requires a delicate balance between past achievements and future planning. By demonstrating that your past successes logically lead to, and support, your future endeavors, and by showing that you’ve taken concrete steps to advance your work in the U.S., you can build a compelling case that you are well-positioned to achieve your goals.
If you're considering applying for the EB2 NIW or want personalized guidance on your immigration journey, reach out to us at info@peludimmigration.com to schedule a consultation. Our firm has successfully guided numerous clients through this complex process, and we’re here to help you navigate the steps with confidence and clarity.
In our next article, we’ll explore the final prong of the Matter of Dhanasar test: proving that it is in the national interest to waive the job offer and labor certification requirements. Stay tuned as we continue our in-depth guide to navigating the EB2 NIW process and securing your Green Card.
Comentários