Entrepreneurs often ask whether they can apply for EB2-NIW, and the short answer is yes. Many people don’t realize that the NIW category is not just for researchers, academics, or professionals. It can also be an excellent option for entrepreneurs who want to build something of national importance in the United States.
While NIW is a self-petition and does not require a sponsoring employer, U.S. Citizenship and Immigration Services (USCIS) specifically recognizes business and entrepreneurship as legitimate areas of “substantial merit and national importance” under the first prong of the NIW test.
The USCIS Policy Manual states: “The endeavor’s merit may be demonstrated in areas including, but not limited to, business, entrepreneurship, science, technology, culture, health, or education.” This makes it clear that entrepreneurs can indeed qualify, as long as their endeavor meets the required standards.
USCIS Updates Strengthen NIW Options for Entrepreneurs
In its recent update on NIW guidance, USCIS reaffirmed that the national interest waiver can apply to individuals pursuing entrepreneurial endeavors. The agency clarified that a petitioner may use a business as the platform for their proposed endeavor when it demonstrates substantial merit and national importance.
This is a powerful confirmation that business founders, startup leaders, and other entrepreneurial professionals can use NIW as a path to permanent residency when their proposed work has a meaningful impact.
What Kind of Documentation Do Entrepreneurs Need?
When the proposed endeavor involves a business, it is common and often strategic to include supporting documentation such as:
A business plan or personal endeavor plan
A U.S. business address (headquarters, office, or operational base)
Information about projected economic impact, market strategy, or job creation
These elements are not required for every NIW case, but they are key when the endeavor is tied to a company and central to the applicant’s proposed contributions. Over the years, we have created hundreds of NIW business plans specifically designed to support this type of case and have worked with myriads of attorneys and their clients on solid projects that have been instrumental for their NIW approval.
Not Every Entrepreneur Will Qualify
It’s important to highlight that not every entrepreneur will qualify for an NIW. The proposed endeavor must be of national importance and have a significant impact at the local, state, or national level. This can include job creation, technological innovation, advancements in key industries, or other contributions that align with the United States’ interests.
USCIS will also evaluate the petitioner’s ability to advance their proposed endeavor. This means showing a solid plan, relevant expertise, and a credible path to achieving meaningful impact.
Final Thoughts
The NIW is a flexible and powerful immigration category that can benefit many types of professionals, including entrepreneurs. With the right strategy, supporting documentation, and a clear articulation of national impact, business owners and founders can use NIW as a strong pathway to permanent residency.
If you’re an entrepreneur considering NIW, make sure your plan aligns with USCIS criteria and demonstrates how your business will contribute to the United States in a substantial way. A well-crafted business or endeavor plan can make all the difference.
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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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