Over the past 17 years, one of the most valuable assets we have built at Visa Business Plans is not a template, a software program, or even a collection of sample cases.
It is our database of adjudication experience. Real case outcomes.
For nearly two decades, we have tracked and analyzed approval trends under different administrations. We have reviewed Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), Notices of Intent to Revoke (NOIRs), approvals, and denials. We have studied how officers evaluate cases and, perhaps more importantly, how they explain their decisions.
Why?
Because our mission has always been simple: identify potential weaknesses before the government identifies them.
Over time, this led us to develop our internal quality assurance framework, a process that evaluates 77 factors that could put a case at risk. The goal is not to guarantee an approval. No one can do that. The goal is to reduce risk by identifying vulnerabilities early and helping attorneys and applicants address them before the petition is filed.
Since helping attorneys respond to business-related RFEs is something we do every day, spotting trends becomes part of our job.
And lately, we have been seeing one particular weakness appear over and over again in EB-2 NIW cases.
It often sounds convincing.
It often comes from information circulating on social media.
And it is frequently challenged by USCIS.
The Problem with “Potential Prospective Impact”
The argument usually goes something like this:
“My field is important.”
Or:
“My profession contributes to the economy.”
Or:
“The industry I work in is critical to the United States.”
The applicant then assumes that because their field is important, their proposed endeavor must automatically satisfy the National Importance requirement.
Unfortunately, that is not how USCIS evaluates these cases.
In fact, USCIS has made its position very clear:
“The relevant question is not the importance of the fields or industries in which the individual will work; the focus is on the specific endeavor that the foreign national proposes to undertake.”
This distinction is incredibly important.
Yet many applicants completely miss it.
What USCIS Is Really Saying
Let’s translate this into plain English.
USCIS is not asking:
“Is healthcare important?”
“Is engineering important?”
“Is artificial intelligence important?”
“Is education important?”
The answer to all of those questions is obviously yes.
Instead, USCIS is asking:
“What exactly are YOU planning to do?”
And more importantly:
“How exactly will YOUR specific endeavor have a meaningful impact on the United States?”
This is where many cases begin to fall apart.
Applicants spend pages discussing how important their industry is while spending very little time explaining the actual endeavor they intend to pursue.
The officer may agree completely that the industry is important.
That still does not prove the proposed endeavor is nationally important.
A Simple Example
Imagine two software engineers.
Both work in artificial intelligence.
Both have impressive resumes.
Both can point to numerous articles discussing the importance of AI to the future of the United States.
However, one applicant proposes to develop AI systems that improve fraud detection in critical financial infrastructure.
The second applicant simply states that they intend to continue working in artificial intelligence because AI is important to the economy.
Which argument do you think is stronger?
The first applicant is discussing a specific endeavor and explaining its potential impact.
The second applicant is largely relying on the importance of the industry itself.
This distinction matters.
And it is one USCIS officers routinely highlight when challenging cases.
Why Social Media Is Making This Worse
One of the challenges we see today is that the popularity of the EB-2 NIW category has created an enormous amount of content online.
Some of that content is excellent.
Some of it is dangerously oversimplified.
Applicants are often told that if they have an advanced degree, professional accomplishments, publications, patents, or experience in a growing field, they are automatically strong candidates.
That is not necessarily true.
A strong professional background can help establish qualifications.
But qualifications alone do not establish national importance.
The proposed endeavor still has to stand on its own.
Unfortunately, many applicants focus almost exclusively on their credentials and the importance of their field while giving insufficient attention to the endeavor itself.
That is exactly the type of weakness that often generates RFEs.
The Question We Ask Every Client
When we review an EB-2 NIW case, we constantly ask one question:
“What is the applicant actually proposing to do?”
Not what they did in the past.
Not why their industry matters.
Not why they are talented.
What exactly will they do in the United States?
And how will that endeavor create an impact that extends beyond their immediate employer, clients, patients, or customers?
When a case can clearly answer those questions, the national importance argument becomes much stronger.
When it cannot, the risk of challenges increases significantly.
What We Have Learned After 17 Years
One of the biggest lessons we have learned from reviewing RFEs, NOIDs, NOIRs, approvals, and denials is that USCIS officers frequently focus on gaps in logic.
They look for unsupported assumptions.
And one of the most common assumptions we see is this:
“My field is important, therefore my endeavor must be nationally important.”
USCIS repeatedly pushes back against that reasoning.
The agency wants to understand the endeavor itself.
It wants evidence.
It wants a clear explanation of the anticipated impact.
And it wants more than broad statements about the importance of an industry.
Final Thoughts
If you are pursuing an EB-2 NIW petition, be careful about relying too heavily on the argument that your field is important.
USCIS already knows many industries are important.
That is not the issue.
The real challenge is demonstrating why your specific endeavor matters and how it has the potential to create a meaningful impact in the United States.
At Visa Business Plans, we have spent more than 17 years studying adjudication trends, reviewing government challenges, and helping attorneys strengthen the business side of immigration petitions. Our internal 77-point quality assurance process was developed from thousands of real-world cases, helping us identify weaknesses before they become RFEs, NOIDs, or denials.
For EB-2 NIW petitions, one of the most important pieces of evidence can be a well-developed personal endeavor plan or business plan, depending on the nature of the proposed endeavor. These documents provide an opportunity to clearly explain the endeavor, its objectives, its anticipated impact, and why it matters beyond the applicant’s immediate professional success.
After all, the goal is not simply to show that your field is important.
The goal is to show that your endeavor is.
Contact us today to get startedThe 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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