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Prong 2 · Well positioned

Claims not backed by documents

Statements by the petitioner or counsel were not supported by evidence in the record.

What this objection usually means

Assertions in a brief or personal statement are not evidence. Every claim needs a document behind it.

What has tended to answer it

Cite an exhibit for every factual statement; replace adjectives with documents and numbers.

General patterns drawn from past decisions, not legal advice for your case. Ask a licensed immigration attorney how this applies to you.

The rule

“However, unsubstantiated claims would not meet the petitioner’s burden of proof.”

USCIS Policy Manual, Vol. 6, Pt. F, Ch. 5(D)(3) (second prong)

Quoted from the USCIS Policy Manual current as of Sept 23, 2026. Check the online manual before filing.

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See what your own profile records against this objection

Assess compares your case profile with the kinds of evidence that have answered “Claims not backed by documents” and the other catalogued objections in past decisions. It shows evidence coverage, not a prediction.

See it on a sample case

How often it is raised, by year

324 of 3,701 decisions in scope (years with 5+ decisions)

By field

Decisions raising it

  • Business & finance
    150
    10% of field
  • Engineering
    54
    10% of field
  • Clinical & health
    31
    8% of field
  • Computing, AI & data
    30
    7% of field
  • Education
    13
    7% of field
  • Aviation & transport
    12
    8% of field
  • Energy, environment & agriculture
    11
    13% of field
  • Arts, media & sports
    7
    6% of field

Where it sank the appeal

Recent dismissed appeals raising this objection

  • Dismissed2026-08-06Business & finance
    Counsel's unsubstantiated assertions do not constitute evidence.
    Read decision AUG062026_02B5203
  • Dismissed2026-08-05Business & finance
    Although the absence of letterhead alone is not dispositive, it diminishes the evidentiary weight of the letters when they are unsupported by official employment records or other corroborating documentation.
    Read decision AUG052026_01B5203
  • Dismissed2026-07-23Business & finance
    I Also, the Petitioner's statement describes I Ias a company that "provides staffing and janitorial services to the hospitality industry" and the record includes two agreements providing for the company to deliver such services, but an undated business plan for I I also submitted with the RFE response describes it as "an established HR consulting firm," a description that is otherwise unsupported in the record.
    Read decision JUL232026_01B5203
  • Dismissed2026-07-07Engineering
    However, evidence of the Petitioner's prior experience is not evidence of his proposed endeavor's national importance.
    Read decision JUL072026_03B5203
  • Dismissed2026-07-02Aviation & transport
    Further, we do not interpret users statements as creating unreasonable or legally unsupported expectations, but rather properly determining that the Petitioner's evidence did not sufficiently demonstrate the national importance of his specific, proposed endeavor, which is to enhance and promote aviation safety. users also properly found the Petitioner did not show how his consultancy services would largely influence the field and rise to the level of national importance.
    Read decision JUL022026_01B5203
  • Dismissed2026-05-27Business & finance
    Although the articles and reports that the Petitioner mentions in the record provide a background to better understand the industry or field in which she will work, none of these articles or reports specifically discuss her specific endeavor or its impact, and the ripple effects that the Petitioner has claimed are too attenuated or unsupported by independent and objective evidence to demonstrate the endeavor's national importance.
    Read decision MAY272026_04B5203

Where the petitioner still won or got a remand

Sustained or remanded decisions where this issue was discussed: read them to see what answered it

  • Remanded2025-10-14Engineering
    SCOPS also reached other unsupported conclusions, noting, for example, "the record did not show that your proposed endeavor stands to sufficiently extend beyond your company, future clientele or business partnership to impact the field more broadly."
    Read decision OCT142025_02B5203
  • Remanded2024-04-04Engineering
    Statements in a brief, motion, or Notice of Appeal are not evidence and thus are not entitled to any evidentiary weight.
    Read decision APR042024_06B5203
  • Remanded2023-10-20Business & finance
    The Director's unsupported conclusion that the Petitioner has "no proposed endeavor" led to an insufficient analysis of the Petitioner's eligibility for a national interest waiver under the Dhanasar framework.
    Read decision OCT202023_01B5203
  • Remanded2023-10-13Trades & services
    The articles are not evidence of their own significance.
    Read decision OCT132023_04B5203
  • Remanded2023-10-11Business & finance
    We agree that the unsubstantiated assertions of counsel do not constitute evidence.
    Read decision OCT112023_01B5203
  • Remanded2023-09-20Business & finance
    Assertions of counsel do not constitute evidence.
    Read decision SEP202023_05B5203