RFE Language by Criterion — NIW
When an RFE Challenges Whether You Are Well Positioned (Dhanasar Prong 2)
A partial finding here is common and easy to misread: the officer may accept that you are well positioned for one endeavor while rejecting the other one you described.
The governing text
Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)
Read the primary source →What the officer actually wrote
Quoted verbatim from a real USCIS notice. Names, employers, exact dates, and figures have been removed or generalized; bracketed text marks a redaction.
“In this case, it is unclear if the endeavor is simply to only work as [job title] or also work as a business or studio owner. For the former, the Petitioner has demonstrated the beneficiary is well positioned to work as [job title]. However, with regard to the beneficiary working as a business or studio owner, the record lacks evidence which shows they would be well positioned to work in that position.”
This case was denied after the RFE response。
Describing two endeavors in one petition splits the officer's analysis, and the weaker one drags down the finding. The response has to choose: either commit to a single endeavor, or fully evidence both. Hedging is what produced this outcome — the case was denied.
“The beneficiary may be well positioned to advance the endeavor even if there is no certainty that the proposed endeavor will be a success. However, unsubstantiated claims are insufficient and would not meet the Petitioner's burden of proof.”
This case was denied after the RFE response。
Useful because it sets the standard in the officer's own words: you do not have to prove the endeavor will succeed, only that your claims are substantiated. Petitioners frequently over-promise outcomes here when they only needed to document a plan and a track record.
What that officer said would help
USCIS's own list from the same notice, quoted verbatim. This is the closest thing to a specification for the response you will get.
- Documentation of the self-petitioner's qualifications (skills, experience and track record), support (financial and otherwise) and commitment (plans and progress) to drive the endeavor forward
- Letters from experts in the field, describing past achievements and providing specific examples of how the beneficiary is well positioned to advance the endeavor, including the expert's own credentials such as a curriculum vitae
- Copies of contracts, agreements, or licenses resulting from the proposed endeavor
Authorities the officer cited
Reproduced as they appear in the notice. These are the officer’s citations, not ImmiFlo’s — we have not independently verified each quotation against the reporter. Our own verified library is on the legal citations page.
- Matter of Dhanasar, 26 I&N Dec. 884, 890 (AAO 2016)
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