An entrepreneur may come to us with a business idea that makes a lot of sense. There is a clear need for the service, the applicant understands the industry, and there is a reasonable path for turning the idea into a successful company.
That’s a good starting point for a business.
For an NIW, however, we need to look at the idea from a very different perspective.
We need to understand why this particular proposed endeavor could matter beyond the business itself and the customers it intends to serve.
This distinction is creating considerable confusion among NIW applicants. In public discussions, applicants who received RFEs frequently describe USCIS accepting that their work has substantial merit while questioning whether their specific proposed endeavor rises to the level of national importance.
The distinction can be difficult to understand at first.
Consider an entrepreneur planning an IT consulting company.
It’s easy to find research explaining why technology is important to the United States. We can talk about cybersecurity, artificial intelligence, cloud computing, productivity, and the enormous economic importance of the technology sector.
All of that may be true.
But it doesn’t necessarily establish the national importance of this entrepreneur’s proposed endeavor.
USCIS has been very clear on this point. The national importance analysis focuses on the specific endeavor the applicant proposes to undertake, not simply the importance of the industry or profession in which the person works. USCIS looks at the endeavor’s potential prospective impact and whether it has broader implications.
This is where an NIW business plan or Personal Endeavor Plan needs to be approached very differently from a traditional business plan.
Before we begin researching an NIW project, we first need to understand exactly what the applicant intends to do in the United States.
Not simply, “I will work in healthcare.”
What will you actually do in healthcare?
Not, “I will help American companies use artificial intelligence.”
How will you use AI? What problem are you trying to address? Who could benefit from the work? And what could make the impact extend beyond the individual companies that hire you?
Those conversations can completely change the direction of the project.
Imagine, for example, an entrepreneur who wants to establish a consulting company helping small manufacturers reduce equipment downtime and improve production efficiency.
We could easily produce pages of research about the importance of U.S. manufacturing.
But that doesn’t tell us enough.
We would want to understand what this particular entrepreneur plans to do, what kinds of manufacturers the endeavor intends to serve, what problem exists today, how the applicant expects to address it and whether there is a credible reason to believe the impact could extend beyond the normal relationship between a consultant and a client.
Once we understand that, the research becomes much more focused.
Perhaps there are government reports documenting a particular manufacturing challenge the endeavor addresses. Maybe there is evidence of supply-chain vulnerabilities, productivity problems or other documented national concerns directly relevant to the applicant’s work. There may also be letters, contracts, pilot programs, partnerships or other evidence showing that organizations outside the applicant recognize the need for what is being proposed.
The appropriate evidence will depend entirely on the endeavor.
This is also why financial projections cannot carry an NIW case by themselves.
For an entrepreneur, projections can help us explain how the endeavor is expected to develop. But a company becoming larger or more profitable doesn’t automatically tell USCIS why the proposed endeavor has national importance.
The same principle applies to an applicant’s professional background.
Someone may have 20 years of experience, advanced degrees, important certifications and an impressive career. That information can be highly relevant to the attorney’s argument that the applicant is well positioned to advance the proposed endeavor.
But an impressive résumé doesn’t replace the need to clearly explain what the endeavor is and why its prospective impact matters.
That is why we spend so much time at the beginning of an NIW project understanding the proposed endeavor before developing the plan around it.
Sometimes the initial idea is very broad, and our conversations with the client help us identify what they actually intend to accomplish. Other times, the endeavor is already quite specific, but we still need to research whether the broader impact being claimed can actually be supported.
And occasionally, after doing that analysis, we don’t see how a business plan or Personal Endeavor Plan would add meaningful value to the case.
When that happens, we prefer not to take on the project.
Creating a document simply because an applicant wants one doesn’t help anyone. We need to see a reasonable way for our research and analysis to support the proposed endeavor and complement the legal strategy being developed by the immigration attorney.
The goal isn’t to make every entrepreneur sound as though he or she is going to transform an entire industry.
It’s to understand what the person genuinely intends to do and determine whether there is credible evidence that can help explain why that work could have broader importance.
Sometimes there is a very compelling story there.
Sometimes the research helps us find it.
And sometimes, after looking carefully at the endeavor, the connection simply isn’t strong enough.
Recognizing the difference is an important part of preparing an NIW project in the first place.
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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