One of our clients was a highly educated engineer. He held a master’s degree in engineering, had years of experience in his field, and on paper clearly met the definition of an advanced degree professional under the EB-2 category.
As his immigration attorney pointed out, the first step in any EB-2 NIW analysis is determining whether the applicant qualifies for EB-2. According to the attorney, the answer was yes.
But EB-2 eligibility alone does not determine NIW approval.
When this client came to us, his proposed endeavor in the United States was not engineering related. He wanted to open a bakery.
This is where many NIW cases run into trouble. USCIS does not look at degrees in isolation. It evaluates the occupation underlying the proposed endeavor. While engineering is a profession that typically requires an advanced degree, the occupation of baker does not. Even though our client held a master’s degree, the endeavor itself did not rely on that education. That disconnect matters.
Same degree. Same person. Different endeavor. Very different NIW analysis.
The case evolved when the focus shifted from operating a bakery to building an entrepreneurial enterprise. Our client was not proposing to work as a baker. He was proposing to grow and scale a business. He had ambitious expansion plans, the financial capacity to invest in growth, and a strategy that included hiring employees, expanding operations, and developing a multi location model.
That shift alone was still not enough.
When an NIW case is based on entrepreneurship, USCIS expects to see evidence that the applicant is well positioned to advance the proposed endeavor. That includes a proven track record of entrepreneurial initiatives. Prior business ownership, leadership roles, operational decision making, and experience growing companies become critical. Capital and projections matter, but they must be supported by experience.
In this scenario, the profession did not change. What shaped the case was the endeavor and whether the applicant’s background credibly supported it. USCIS evaluates whether the proposed plan aligns with past experience and whether the applicant has demonstrated the ability to execute similar initiatives before.
This distinction is central to NIW adjudication. A strong degree alone does not carry a case. The proposed endeavor, supported by credible experience, research, and realistic financial figures, ultimately drives the outcome.
Final Thought
NIW cases are highly fact specific and should not be taken lightly. When entrepreneurship is the basis of the petition, prior entrepreneurial expertise must be clearly documented and directly connected to the proposed endeavor. A qualified immigration attorney who focuses on EB-2 NIW cases can help determine whether a profile is truly competitive.
And when the time comes to clearly explain the endeavor, make it understandable on paper, and demonstrate its national importance through research and well supported financial figures, that is where our work fits in. We help translate complex ideas into credible, data driven plans that align with how these cases are reviewed.
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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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