Does USCIS evaluate whether my project has a risk of failure?

When applying for the EB-2 NIW – National Interest Waiver – visa, USCIS’s main focus is to verify whether you have exceptional qualifications and if your proposal offers substantial benefits to the United States. In this context, the agency analyzes how the project aligns with the national interest, considering evidence that your initiative has merit, innovation, and potential to make a significant contribution to the country.

Regarding the question about whether USCIS evaluates if your project has a risk of failure, it is important to clarify that the analysis does not directly focus on commercial risks or the market viability of your enterprise. Instead, immigration officers pay attention to aspects such as the relevance of your area of expertise, the robustness of the project rationale, evidence that you possess experience and accomplishments in the field, and how your proposal may benefit the national interest.

This evaluation is based on the quality of the documentation presented, the originality and relevance of the project, and the credibility of the arguments justifying the importance of your contribution to the United States. Although USCIS shows interest in ensuring that proposals submitted under the EB-2 NIW are well-founded and bring innovation or advances that benefit the country, there is no literal ‘check’ of risk of failure according to the same metrics used by investors or banks.

The analysis is legal and documental, seeking to demonstrate that, despite the uncertainties inherent to any initiative, your track record and past contributions, as well as future plans, meet the criteria of exceptionality and national interest.

We always recommend strictly following United States immigration laws and seeking reliable information from official sources or specialized consultants. Be wary of promises of easy or guaranteed results, avoiding scams or marketing campaigns that could jeopardize your immigration journey.

This careful approach is essential so that you can prepare a robust and appropriate petition – without, however, any guarantee about the final outcome, as this depends on the complete analysis of the documentation and the USCIS officers’ understanding of the case.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.