The EB-2 National Interest Waiver (NIW) is a popular pathway for skilled professionals seeking a U.S. green card without employer sponsorship. However, many applicants make critical mistakes that lead to Requests for Evidence (RFEs) or outright denials.
1. Vague Proposed Endeavor
One of the most common mistakes is failing to clearly define your proposed endeavor. USCIS wants to see a specific, well-articulated plan for your work in the United States. Generic statements like "I will continue my research" are not sufficient.
Solution: Clearly describe what you plan to do, how you'll do it, and the specific impact your work will have.
2. Insufficient Evidence of National Importance
Many applicants struggle to demonstrate that their work has implications beyond their immediate field or local area. The three-prong test requires showing that your endeavor has national or global importance.
Solution: Provide evidence of how your work addresses broad challenges, cite policies or initiatives that align with your work, and obtain recommendation letters that speak to the national impact.
3. Weak Recommendation Letters
Generic recommendation letters that simply praise the applicant without providing specific examples or explaining why waiving the job offer requirement benefits the United States are a common weakness.
Solution: Work with recommenders to craft detailed letters that address the three-prong test and provide specific examples of your contributions and their impact.
4. Inadequate Documentation of Achievements
Claiming achievements without providing solid documentation is a recipe for an RFE. Every claim you make should be backed by evidence.
Solution: For each achievement, provide primary source documentation such as awards certificates, publication records, citation metrics, and media coverage.
5. Ignoring the "Well-Positioned" Prong
The second prong of the Matter of Dhanasar framework requires demonstrating that you are well-positioned to advance your proposed endeavor. Many applicants focus so heavily on their endeavor's importance that they neglect this crucial element.
Solution: Document your education, experience, skills, achievements, and resources that demonstrate your ability to successfully pursue your endeavor.
Conclusion
Avoiding these common mistakes can significantly improve your chances of NIW approval. Take the time to carefully craft your petition, gather strong evidence, and consider seeking professional guidance to ensure your application presents the strongest possible case.