Specific evidence
Evidence of progress and outside interest
Whether there is evidence of steps taken toward the endeavor and of interest from customers, users, investors, or others.
What USCIS is questioning
- Whether the record shows progress toward the endeavor and interest from potential customers, users, investors, or other relevant entities.[1,2]
The legal standard
- Matter of Dhanasar lists progress toward the endeavor and the interest of potential customers, users, investors, or other relevant entities among the factors for the well-positioned prong.[1]
- For entrepreneurs, the Policy Manual lists evidence such as ownership and an active role in a U.S. entity, outside investment appropriate to the endeavor, incubator or accelerator participation, government awards or grants, intellectual property, media coverage, and revenue or job growth. Claims without corroboration are not enough.[2]
How the request usually reads
- Interpretation An RFE on this issue typically asks for evidence of steps already taken toward the endeavor, such as funding, contracts, pilots, users, or letters from interested parties.[2,3]
Evidence petitioners often provide
- Interpretation Signed contracts or letters of intent, investment documents, grant awards, incubator or accelerator admission, user or customer data, and patents or licenses, each with context on why it matters.[2]
Where responses go wrong
AAO decisions on this issue
- Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)
Progress toward the endeavor and interest from potential customers, users, investors, or other relevant entities are among the factors USCIS weighs for the well-positioned prong.
This information is for general informational purposes and is not legal advice. It does not create an attorney-client relationship and does not predict the outcome of any individual case.
Sources
- 1.Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)USCIS Administrative Appeals Office (published in DOJ EOIR Virtual Law Library) · AAO decision · Published Dec 27, 2016 · Checked Sep 27, 2026
- 2.USCIS Policy Manual, Volume 6, Part F, Chapter 5 — Advanced Degree or Exceptional AbilityUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
- 3.USCIS Policy Manual, Volume 1, Part E, Chapter 6 - EvidenceUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
- 4.8 CFR 103.2 - Submission and adjudication of benefit requestseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026