Prong 1 asks whether your specific endeavor has substantial merit and national importance. Officers look at your endeavor, not just your job title, and national importance depends on the prospective impact of the work (USCIS Policy Manual).
Many files fail here by describing an occupation and not an endeavor. This page shows the difference.
What is the difference between merit and national importance?
Substantial merit is about the value of the endeavor in fields such as business, science, health, education or culture. National importance is about its reach, meaning the impact it could have beyond you and one employer.
What does USCIS say will not be enough?
- One employer: benefits limited to one employer are not enough.
- Classroom teaching: teaching alone generally does not qualify.
- Labor shortages: pointing to a national shortage in your occupation is not enough on its own.
These points come from the USCIS Policy Manual on the national interest waiver.
How do you show national importance?
You show it with evidence about the prospective impact of your endeavor. Strong files connect the work to a wider benefit and support the claim with independent proof.
Step 1: State the endeavor in one plain sentence. Name what you will do, for whom and where.
Step 2: Describe who benefits beyond a single employer.
Step 3: Add independent evidence: government reports, industry data, funding programs and expert letters.
Step 4: Link the endeavor to a national or regional priority.
What about entrepreneurs?
Founders face extra scrutiny. USCIS may look at U.S. company ownership, outside investment, accelerator participation, grants, intellectual property, media coverage and revenue growth. Ownership alone rarely establishes eligibility (USCIS Policy Manual).
What comes after prong 1?
You still need prong 2 and prong 3. Read how to be well positioned under prong 2 and how to write the proposed endeavor. The full overview is in our plain guide to the NIW.
Frequently asked questions
What is prong 1 of the NIW?
It asks whether your proposed endeavor has substantial merit and national importance (USCIS Policy Manual).
Is a labor shortage enough for national importance?
No. Pointing to a national shortage in your occupation is not enough on its own (USCIS Policy Manual).
Can teaching qualify?
Classroom teaching alone generally does not qualify (USCIS Policy Manual).
Is it enough that my work helps my employer?
No. Benefits limited to one employer are not enough. The impact must reach beyond that.
Does owning a company prove national importance?
Rarely. Ownership alone rarely establishes eligibility, and USCIS looks at investment, grants, intellectual property and growth (USCIS Policy Manual).
Where to go from here
To talk through your own case, Book a Strategy Consultation, or start with the U.S. route finder.
Last updated: 15 October 2026.
Amir Ismail leads Amir Ismail & Associates, which has guided clients since 1991 and works with independent U.S. immigration attorneys. AIA is not a law firm. Legal advice and filings are handled by the attorney.
