Learn how to prove you're well positioned to advance your proposed endeavor for EB-2 NIW. Evidence strategies, examples, and USCIS requirements explained.
Understanding Positioning Requirements
The well positioned to advance endeavor standard represents the second prong of Matter of Dhanasar and often proves most challenging for petitioners. This prong asks whether YOU specifically are positioned to advance your proposed endeavor. Having important work isn't enough - you must prove you're the right person to do this work. USCIS evaluates your education, experience, achievements, resources, and concrete plans to determine if you can realistically accomplish what you're proposing.
The positioning assessment is individualized and forward-looking. Immigration officers ask "based on this person's background and current situation, can they actually advance this endeavor?" This differs from the first prong which evaluates the endeavor's importance abstractly. A cure for cancer is nationally important, but that doesn't mean every biology graduate is well-positioned to discover it. You need specific credentials, achievements, and plans demonstrating your particular capability to advance your specific proposed work.
Matter of Dhanasar lists factors USCIS considers: your education, skills, knowledge, and record of success in related efforts; a model or plan for future activities; any progress toward achieving the proposed endeavor; and the interest of potential customers, users, investors, or other relevant entities. You don't need to satisfy every factor perfectly. Strong evidence in some areas can compensate for weaker areas. The overall assessment asks whether a reasonable person would believe you can execute your proposed plans successfully.
Wondering if you're well-positioned for your proposed endeavor? Beyond Border evaluates your positioning evidence against Dhanasar standards.
Your EB-2 NIW second prong evidence should start with education and skills proving you have the technical foundation for your work. Include official transcripts showing relevant coursework. If your advanced degree is in your proposed field, this directly demonstrates educational positioning. If your degree is in a related but different field, explain how your education provides necessary background. Perhaps your computer science degree supports your AI research even though your proposed work focuses on healthcare applications.
Professional certifications and specialized training strengthen skills documentation. Industry certifications like AWS Solutions Architect for cloud engineering, CFA for finance, or PMP for project management prove specialized expertise beyond formal degrees. Training certificates from intensive programs, bootcamps, or professional development courses show continuing education. Online course completions from platforms like Coursera or edX in relevant specializations demonstrate ongoing skill development even if not formal degrees at USCIS.
Technical skills need specific documentation beyond just listing them. Include examples of applying skills in real projects or research. GitHub profiles showing code in relevant languages prove programming capabilities. Portfolio websites displaying design work demonstrate creative skills. Published papers prove research and writing abilities. Don't just claim skills - provide evidence you've actually applied them successfully in contexts related to your proposed endeavor.
Need help documenting your educational positioning? Beyond Border guides you through presenting credentials and skills effectively.
Demonstrating a track record NIW petition means showing you've successfully executed similar work in the past. Past performance predicts future capability. If you're proposing cancer research, previous research publications in oncology prove you can conduct that type of research. If you're proposing to build technology startups, previous successful ventures demonstrate entrepreneurial capability. If you're proposing clinical work serving underserved populations, prior experience in similar settings proves you can handle that environment.
Quantify your past successes whenever possible. Instead of "conducted successful research," state "published 12 papers with 300 total citations in peer-reviewed journals." Instead of "built successful software," specify "developed applications with 100,000 active users and 4.5-star rating." Instead of "created profitable business," detail "grew startup from zero to $2 million annual revenue with 15 employees." Specific metrics prove success objectively rather than relying on subjective assessments.
Your track record should show progression and growth. Perhaps you started with small projects and advanced to larger ones. Maybe your publications increased in impact over time. Your businesses might have grown in scale and success. This progression demonstrates not just past capability but increasing capability that positions you for even more ambitious future work. Immigration officers want to see you're on an upward trajectory in your field at USCIS.
Building your track record documentation? Beyond Border helps you identify and present past achievements that prove future capability.
The proving positioning NIW requires articulating concrete plans for advancing your endeavor. Vague intentions aren't sufficient - you need specific, realistic action plans showing how you'll execute your proposed work. Include timelines with milestones. Identify resources you'll need and how you'll access them. Describe methodology or approaches you'll employ. The more concrete and detailed your plan, the more credible your positioning becomes.
Progress to date strengthens positioning claims significantly. Perhaps you've already begun work on your proposed endeavor. Maybe you've secured preliminary funding, established key partnerships, or achieved early results. This progress proves you're not just talking about future work - you're actively advancing it already. Include evidence of any steps taken toward your endeavor including pilot studies, prototype development, initial customer acquisition, or grant applications submitted.
For entrepreneurs and business founders, your business plan becomes crucial positioning evidence. Include market analysis showing opportunity, competitive analysis demonstrating differentiation, financial projections proving viability, and operational plans detailing execution. Letters of intent from potential customers, term sheets from investors considering funding, or partnership agreements with established companies all prove you're not just planning theoretically but actively building toward your endeavor execution at USCIS.
Need help developing your action plan? Beyond Border guides you through creating concrete, credible plans that demonstrate positioning.
Demonstrating access to necessary resources strengthens your Matter of Dhanasar positioning significantly. Resources include funding, facilities, equipment, partnerships, or institutional support needed to advance your endeavor. If you're employed, letters from your employer confirming they'll support your work provide crucial resource documentation. If you're starting a company, funding commitments from investors prove financial resources. If you're in research, grant awards or institutional affiliations demonstrate resource access.
Letters of support from relevant stakeholders prove others recognize your positioning and want to enable your work. Potential collaborators expressing interest in working with you validate your capability. Prospective employers or clients stating they'd hire or contract with you demonstrate demand for your expertise. Industry leaders or academic experts endorsing your plans add credibility from recognized authorities. These third-party validations from credible sources strengthen positioning arguments significantly.
For founders and entrepreneurs, customer letters of intent or early revenue prove market validation. If businesses or individuals are willing to pay for your product or service, this demonstrates your endeavor has real-world viability beyond just theoretical importance. Include any pre-orders, pilot program agreements, or paying customers as evidence that your business positioning is validated by actual market demand rather than just your own projections at USCIS.
Building your resource and support documentation? Beyond Border helps you secure and present letters demonstrating stakeholder interest and resource access.
Even with strong overall profiles, most petitioners have some capability evidence NIW gaps or weaknesses. Perhaps you're pivoting to a new subfield where your track record is limited. Maybe you lack certain credentials typical for your proposed work. You might be early in your career with less extensive achievements than ideal. Don't ignore weaknesses - address them proactively by explaining how other strengths compensate.
If you're changing fields or directions, explain the logical connection between past work and proposed endeavor. Perhaps your previous research in materials science provides foundation for your proposed clean energy work. Your experience building consumer apps gives you skills applicable to healthcare technology. Your background treating patients clinically positions you to conduct practice-based research. Draw clear lines showing how past achievements prepare you for proposed work even if not identical fields.
For early-career professionals with limited track records, emphasize other positioning factors like education, preliminary results, or institutional support. Strong PhD programs, prestigious postdoctoral positions, or competitive fellowships demonstrate capability even without extensive publication records. Early successes like first-author papers, successful grant applications, or technology adoption by users prove you're already delivering despite career stage. Combine multiple evidence types to build comprehensive positioning arguments even with gaps in individual areas at USCIS.
Concerned about positioning gaps? Beyond Border helps you address weaknesses and emphasize compensating strengths effectively.
What evidence proves I'm well positioned for EB-2 NIW? Education credentials, relevant experience, track record of achievements, concrete plans, progress to date, resource access, and third-party validation from stakeholders or experts.
Do I need to show perfect qualifications for my endeavor? No, USCIS evaluates overall positioning holistically - strong evidence in some areas can compensate for gaps in others if total profile demonstrates capability.
Can I get EB-2 NIW early in my career? Yes, though more challenging - emphasize education, early achievements, preliminary results, institutional support, and strong action plans to demonstrate positioning despite limited track record.
How important are letters of support for positioning? Very important - third-party validation from employers, collaborators, customers, or experts provides crucial independent confirmation of your capabilities and plans.
.jpeg)
