EB-2 NIW

Record of Success

Also known as: Track record, Past success

Direct definition

Documented past performance relevant to whether a person is well positioned to advance a proposed endeavor; it is probative but does not guarantee future results. In practical use, the term should be read in the context of EB-2 NIW and the authority governing the particular filing.

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What Does Record of Success Mean?

Record of Success is best understood as a defined part of a larger immigration framework, not as a stand-alone promise of eligibility. Documented past performance relevant to whether a person is well positioned to advance a proposed endeavor; it is probative but does not guarantee future results. The important question is what the term requires or helps prove in the particular petition, application, notice, or status inquiry.

Terminology is most reliable when tied to a source and a precise question. Current regulations and official instructions govern, while examples and practical explanations help show how the concept is ordinarily documented or distinguished from related ideas.

Where It Applies

This term is used in the EB-2 national interest waiver context. A petitioner must first qualify for the underlying EB-2 classification and then separately establish the national interest waiver under the current Matter of Dhanasar framework.

For this glossary, the most relevant categories are EB-2 NIW. That classification list is an orientation aid, not a conclusion that the term operates identically in every listed category.

Why It Matters

The practical value of this definition is issue spotting. Once record of success is identified correctly, a reader can locate the controlling source, gather evidence responsive to that source, and avoid conflating the concept with a neighboring rule.

Readers should be able to follow the term from the written explanation to the supporting source or exhibit. Clear cross-references, consistent dates, and restrained descriptions make that path easier to evaluate.

How USCIS Uses or Evaluates It

USCIS evaluates the proposed endeavor rather than a job title in isolation, the person’s positioning to advance that endeavor, and whether the balance favors waiving the job offer and labor certification. The three prongs are related but analytically distinct. For Record of Success specifically, the record should remain anchored to this definition: documented past performance relevant to whether a person is well positioned to advance a proposed endeavor; it is probative but does not guarantee future results.

Adjudication is record-specific. USCIS may consider favorable and unfavorable information together, resolve whether threshold requirements are met, and explain case-specific deficiencies through the procedure available for that filing.

Key Considerations

Plans should be specific enough to evaluate while acknowledging that future results cannot be guaranteed. Past achievements, present resources, credible interest, and forward-looking evidence can be relevant when they are connected to the proposed endeavor and the particular prong.

  • Identify the precise classification, form, procedural stage, or legal element in which the term is being used.
  • Use current official instructions and authority; fees, filing locations, processing information, and agency procedures can change.
  • Explain what each cited document proves instead of relying on the term’s label or the volume of exhibits.
  • Keep factual claims consistent across forms, letters, exhibits, timelines, and responses.

Reading the Record in Context

Context determines whether a fact is meaningful. Dates, comparison groups, the beneficiary’s role, the source’s knowledge, and the relationship between an achievement and the claimed field can change the weight of otherwise similar documents.

Quality control should check both substance and navigation: every important claim should have support, every cross-reference should reach the intended exhibit, and every source should be represented accurately.

Practical Example

Hypothetical example

A founder reviewing a EB-2 NIW draft notices that “Record of Success” is stated as a conclusion. The draft is revised to cite the governing source and explain the supporting documents and their limits. USCIS would still decide the issue from the complete filing.

Common Misconception

Record of Success is not a separate shortcut around the Dhanasar prongs or the underlying EB-2 requirement.

Official Sources

  1. USCIS Policy Manual, Volume 6, Part F, Chapter 5USCIS · accessed 2026-08-25
  2. Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)Official U.S. Government source · accessed 2026-08-25
  3. 8 CFR 204.5 — Employment-based immigrantsOfficial U.S. Government source · accessed 2026-08-25

Prepared by EB1 Mentor Editorial Team

Last reviewed . No attorney review is claimed.

EB1 Mentor is not a law firm. This educational page is not legal advice and does not create an attorney-client relationship or guarantee an immigration outcome.

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