In the intricate world of immigration, responding to Requests for Evidence (RFEs) requires a meticulous approach, especially when it comes to business plans. Over a decade of experience in assisting attorneys with NIW (National Interest Waiver) petitions has highlighted a recurring error in business plans or personal endeavor plans written by the petitioner or inexperienced plan writers – a lack of clarity and emphasis on the applicant's future projects. This oversight often leads to RFEs challenging the vagueness of proposed endeavors. In this case study, we explore the importance of detailed narratives and research-based content to strengthen the original business plan submitted with an NIW petition and RFE responses.
The Common Error
Frequently encountered in RFEs associated with personal endeavor plans or business plans written by the petitioner or inexperienced writers is a failure to delve into the specifics of the applicant's future projects. Many plans focus extensively on the client's background but neglect to elaborate on the crucial details of what exactly the applicant’s proposed endeavor will be and how they intend to advance the plan in the future.
Case in Point
This week, our team was engaged to assist in responding to an RFE that raised concerns about the vagueness of the applicant's proposed endeavor, which was simply stated as 'continuing with his work.' The RFE demanded a comprehensive elucidation of the applicant's plans, addressing how, when, why, and where the proposed endeavor would take place.
To address this challenge effectively, we advocate for a similar structure used in all of our NIW projects: a business plan that goes beyond narrating the applicant's past experiences and focuses on the intricacies of future projects. Our approach involves creating well-detailed narratives that are not only grounded in extensive research but also aligned with industry metrics.
1. Detailed Elaboration:
• What: Clearly define the applicant's proposed endeavor. Break it down into specific components, detailing the nature and scope of the project.
• How: Outline the methodologies and strategies the applicant intends to employ in executing the proposed endeavor. Provide a step-by-step plan showcasing a thorough understanding of the industry.
2. Timeline and Milestones:
• When: Establish a realistic timeline for the execution of the project. Highlight key milestones, demonstrating a strategic and feasible approach to achieving the proposed goals.
3. Motivation and Purpose:
• Why: Articulate the applicant's motivations behind pursuing this endeavor. Showcase how it aligns with their professional aspirations and contributes to the broader national interest.
4. Geographical Relevance:
• Where: Specify the geographical locations where the applicant plans to carry out their endeavors. Highlight any regional or industry-specific considerations that make these locations pivotal.
In navigating the complexities of NIW petitions and responding to RFEs, a well-crafted business plan is a cornerstone for success. By avoiding the common pitfall of neglecting future projects, applicants can provide immigration authorities with a comprehensive understanding of their intentions. This approach not only satisfies the RFE requirements but also establishes a strong foundation for a successful NIW petition. Remember, a detailed and research-based narrative is key to securing approval in the intricate landscape of immigration.
The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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