In January 2025, USCIS published updates in its Policy Manual that clarified the evidentiary requirements that entrepreneurs need to meet to make a successful case for a National Interest Waiver. Of particular note, USCIS emphasized that an entrepreneur cannot only rely on a business plan to prove that they are well positioned to advance the proposed endeavor.
USCIS now expects entrepreneur applicants to not only submit a business plan, but also to provide sufficient corroborating evidence that substantiate the claims made in the business plan.
- Business plans are helpful but insufficient; USCIS now expects robust, independent evidence to show an entrepreneur is well positioned to advance the proposed endeavor.
- Diverse third-party documentation like contracts, government grants, incubator or accelerator support, and media coverage can credibly substantiate and validate the business plan.
- Evidence of influence in the field, including prior large-scale user reach or impact, powerfully supports the NIW “well positioned” argument beyond the current project.
- The Role of Business Plans in NIW Petitions
- 1. Copies of Contracts or Agreements Showing Potential Impact
- 2. Grants or Support from Government Entities
- 3. Published Articles and "Positive Discourse"
- 4. Evidence of Influence in the Field of Endeavor
- Beyond the Business Plan: Strengthening Your NIW Case
The Role of Business Plans in NIW Petitions
USCIS explains that business plans can be useful in the sense that they explain the applicant’s objectives, but the business plan alone wouldn’t be sufficient to prove that the applicant is well positioned to advance the endeavor. The plans must be “supported by other independent evidence.”
At first glance, it can be daunting for an entrepreneur to understand what other forms of independent evidence can substantiate a business plan. However, there can be a surprising variety of material that could be recruited for support.
To avoid common mistakes when applying for an NIW as an entrepreneur, it is vital to understand what specific documentation carries the most weight with USCIS officers. Below I will introduce a few examples of how an entrepreneur can utilize diverse forms of evidence to supplement their business plan and strengthen their argument that they are well positioned to advance their proposed endeavor.
1. Copies of Contracts or Agreements Showing Potential Impact
Many entrepreneurs, especially if they have been developing their business in the U.S. for some time in a non-immigrant visa status such as an E-2 visa, have existing clients for their services or products. Contracts with clients, especially if the engagement is large-scale and the clients are well-known, leading institutions in the industry, can be an effective form of objective evidence that can corroborate an entrepreneur’s business plan.
Case Study Examples:
- Modular Interior Solutions: One applicant was the founder of a business that produced modular interior wall solutions for commercial offices, and could show past and ongoing contracts with major institutions, including a multinational tech company that had chosen to purchase the applicant’s solutions for renovating one of its regional offices.
- Graphic Design & AI: One applicant who had founded a graphic design firm specializing in developing go-to-market strategies for AI companies submitted past and ongoing contracts with several AI startups that were actively using the applicant’s services.
These contracts were an objective form of evidence that showed that major U.S. industry actors were interested in, and relying on, the applicant’s offerings, providing a compelling validation of the business plan, making it more credible.
2. Grants or Support from Government Entities
Many startup founders apply for grants and other forms of support from various government and industry organizations. If a business is technology-based, one of the founders may have applied for research grants to develop the underlying technology for the company.
For other companies, the founders may have applied for government-affiliated incubators or accelerators, participating in a competitive selection process to be granted diverse forms of support. This is particularly relevant when attempting to prove national importance for STEM entrepreneurs.
Proof of the business’s selection for such competitive grants, in the form of correspondence, funding agreements, and other detail documents can be a powerful form of objective evidence that can substantiate the business plan. Such evidence shows not only that the idea behind the business plan is real, but also highly valuable to relevant U.S. government and industry actors.
3. Published Articles and “Positive Discourse”
For many entrepreneur applicants who develop an innovative approach or product in the field, their work may have been featured in various forms of media, such as industry newsletters, blogs, online newspapers, podcasts, or other outlets.
These entrepreneurs are sometimes invited to be featured in business media, podcasts, radio programs, or speak at industry conferences. The record of all of these public-facing events can be useful evidence, because they show that third parties are interested and discussing the applicant’s business project.
These records generated by third parties are highly valuable additions that validate the content in a business plan, which on its own is insufficient to meet the burden of proof because it is generated by the petitioner/beneficiary.
4. Evidence of Influence in the Field of Endeavor
Even if the applicant has made limited progress on the current business project that serves as the proposed endeavor, the applicant may also rely on records from previous related projects to meet the well positioned prong.
Case Study: Martial Arts Training App
We recently handled a successful NIW case for an entrepreneur who planned to design and distribute a mobile app that would make martial arts training more accessible to a wider range of the population. Although the entrepreneur had not finished developing this app at the time of filing, the applicant had previous experience developing and distributing mobile apps in a different context.
Specifically, we were able to present evidence from the App Store showing that the previous apps he had developed were downloaded by over 1 million users. Evidence of such broad-scale influence in the applicant’s previous projects related to the proposed endeavor can powerfully corroborate the applicant’s business plans.
Beyond the Business Plan: Strengthening Your NIW Case
As the above examples show, a successful NIW application consists in more than just a business plan. Independent documentation plays an increasingly important role in building a credible and persuasive case for an entrepreneur NIW petition.
It is highly recommended to work with experienced counsel who can help you find creative ways to use diverse material from your career to strengthen the ‘well positioned’ argument for your NIW case.
