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A recent Reddit discussion raised a common EB-2 National Interest Waiver (NIW) question: Why would USCIS question whether an applicant is well positioned to advance a proposed endeavor despite having more than 15 years of relevant experience?
It is a common mistake for applicants to believe that years of experience are the only factor being evaluated. Experience matters, but it is only one part of the analysis.
Having worked on thousands of EB-2 NIW projects alongside some of the most prominent immigration attorneys in the United States, we know that being well positioned involves more than professional qualifications. It also involves demonstrating how an applicant intends to advance the proposed endeavor and what progress has already been made toward achieving it.
This became especially relevant when an immigration attorney contacted Visa Business Plans about an RFE involving an experienced supply chain professional.
The Experience Was There. What About the Business?
The client had more than 15 years of experience in supply chain management and logistics. He planned to establish a U.S. consulting company helping food manufacturers reduce waste, improve inventory management and increase distribution efficiency.
His background clearly related to the proposed endeavor. However, the RFE questioned whether he was well positioned to advance it.
We approached the question by examining what it would take to turn the client’s expertise into a functioning company. That meant analyzing not only the services he planned to offer, but also who would buy them, why the market needed them, how the company would compete and whether the proposed launch strategy was realistic.
We also looked for evidence that the business was moving beyond an idea. Had the company been established? Were potential customers interested in its services? What concrete steps had the entrepreneur taken toward launching operations?
These considerations helped us evaluate the progress already made and identify what remained to be accomplished.
The goal was to connect his professional experience to a credible plan for implementing the proposed endeavor.
Would the Business Have Sufficient Financial Resources to Launch and Sustain Operations?
The business plan also needed to address financial feasibility.
We analyzed startup costs, operating expenses, revenue expectations, and working capital requirements. But developing financial projections was only part of the exercise.
We also needed to understand where the funding would come from.
Would the entrepreneur use personal savings? Did he have access to financing? Were investors involved?
After all, a business plan projecting substantial revenue means little if the entrepreneur cannot explain how the company will finance its initial operations.
Our analysis connected the proposed funding strategy to the resources necessary to launch and sustain the business.
What Impact Could the Business Have?
Another fundamental part of our work involved quantifying the potential impact of the proposed endeavor, something that was easier said than done.
Helping food manufacturers reduce waste and improve distribution efficiency sounded promising. But what benefits could this particular company realistically generate?
We examined how many manufacturers the business could reasonably serve, what operational improvements its services might produce, and what economic benefits could result.
We also considered whether those benefits could extend beyond individual customers.
This required careful research and realistic assumptions. We couldn’t simply rely on statistics about the size of the food manufacturing industry or make broad claims about the importance of reducing waste.
Our analysis needed to connect the potential impact to the company’s actual services, target market, and operating capacity.
Connecting Experience to Execution
The completed business plan brought these elements together, connecting the client’s professional background to a practical strategy for launching and operating his U.S. company.
It addressed market demand, progress toward implementation, financial resources, operations, and potential impact.
The attorney could then incorporate the business analysis into the RFE response while handling the legal arguments.
And that brings us back to the Reddit discussion.
Years of relevant experience are valuable, but they don’t automatically demonstrate that an applicant is well positioned to advance a proposed endeavor.
For applicants, the question extends beyond whether they possess the necessary expertise. It also involves what they’ve accomplished toward implementing their plans, whether they have a realistic strategy for moving forward, and whether the necessary resources are available or attainable.
At Visa Business Plans, our business plans are developed with these considerations in mind. We examine the proposed business, its market, its financial requirements, its progress toward implementation, and its potential impact.
Having the experience to pursue an endeavor and being positioned to advance it are not necessarily the same thing.
Contact us today to get started
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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