This week, USCIS made further clarifications regarding the NIW. The specific content can be found online, so I won't repeat it here. As I’ve emphasized in previous notes, and as I understood when writing my PL (Petition Letter), the key, key, key element is the proposed endeavor. Spending more than 50% of your time on the proposed endeavor is not excessive. Everything else should revolve around the proposed endeavor. I am someone without an academic background, with just a professional master's degree and a finance background, and I was able to DIY my application and get approved without an RFE. I believe the biggest factor in my approval was my proposed endeavor.
My overall take:
The update mentioned that if eligibility is based on claiming exceptional ability instead of being an advanced degree holder, the six out of ten criteria must directly serve the proposed endeavor (see Image 1), rather than just fulfilling random criteria.
National importance refers to the importance of the proposed endeavor (see Image 2). The proposed endeavor is fundamental and extremely individualized; even if people share the same profession or similar qualifications, each person's proposed endeavor is different. I believe the first step is to fully quantify the potential impact of the proposed endeavor, especially in terms of economic benefits. This should be written first (because it is the most core part). After that, you can include news articles and third-party reports that highlight the importance or scarcity of the field or profession. However, relying solely on news and third-party reports to demonstrate the importance of the field is far from sufficient.
Prong 2: Well Positioned
As I mentioned in an earlier note, you can approach Prong 2 by using the same thinking as the "exceptional ability" claim to explain how you are well-positioned. The PL must go further, and for Prong 2, as today’s update emphasized, each point should directly connect to the proposed endeavor. For example, explain how your experience, projects, education, certifications/designations all enhance your ability to execute the proposed endeavor. If you’ve switched industries, prioritize the experiences most directly related to your proposed endeavor. For your previous work, dig deeper to find transferable skill sets, mention them briefly, and place them under a section called “Other Related Professional Experience.” Ultimately, the best position for Prong 2 is to show that you are already engaged in Step One of your proposed endeavor.
Prong 3: Waiving PERM
Lastly, when designing your proposed endeavor, you should think about which endeavor could logically allow for a PERM waiver, benefiting both you and the U.S. national interest.