Do You Need a Business Plan for EB-2 NIW?

One of the key requirements for an EB-2 National Interest Waiver (NIW) petition is presenting a detailed explanation of the proposed endeavor. This narrative allows USCIS to carefully evaluate whether the applicant’s work has substantial merit and national importance and whether they are well-positioned to advance their field. A well-structured document helps establish these critical elements, making it an essential component of a strong petition.

What is a Proposed Endeavor?

A proposed endeavor refers to the applicant’s intended work or contribution in the United States. This could be research, entrepreneurship, professional practice, or any specialized field that benefits the country. USCIS assesses whether this endeavor holds national importance and whether the applicant has the necessary qualifications, experience, and plans to advance it effectively.

What Type of Plan Do You Need?

Attorneys agree that presenting a strategic, evidence-backed document can significantly strengthen the visa petition. However, it is critical to select the type of plan needed based on the nature of the applicant’s proposed endeavor. There are three main types of plans that can be used in an EB-2 NIW case:

1. Professional Plan / Personal Endeavor Plan

Best for:

• Professionals working independently

• Those employed by another company

• Applicants who do not own or plan to own a business

A professional plan, also known as a personal endeavor plan, outlines the applicant’s background, proposed work, and how their contributions will benefit the United States. It focuses on career trajectory, expertise, and the intended plan in the U.S.

2. EB-2 NIW Business Plan

Best for:

• Entrepreneurs starting a new business

• Business owners expanding their existing company

For applicants looking to establish or grow a business, an EB-2 NIW business plan is the most advisable option. This document provides details on business operations, financial projections, market analysis, and how the enterprise contributes to the U.S. economy and national interests. It demonstrates that the applicant is well-positioned to succeed in their entrepreneurial endeavor.

3. Impact Analysis Report

Best for:

• Both professionals and entrepreneurs

• Attorneys responding to an RFE challenging national importance

An Impact Analysis Report presents in-depth data and evidence on how the applicant’s work benefits the U.S. economy, public health, technology, or other key sectors. This report is particularly useful in addressing RFEs that question the national importance of an endeavor.

Why a Strong Plan Matters

A detailed, well-supported plan not only strengthens the initial petition but also ensures that the applicant is prepared for potential RFEs. By providing a structured document that clearly aligns with USCIS criteria, applicants can significantly increase their chances of approval.

Get a Strategic, USCIS-Compliant Plan

Crafting the right type of plan is crucial for an EB-2 NIW petition’s success. Whether you need a personal endeavor plan, an EB-2 NIW business plan, or an impact analysis report, we create comprehensive, evidence-based documents tailored to your case. Contact us today to get started.

Contact us today to get started

The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.

Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.

Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.

At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.

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