FAQ for EB-2 National Interest Waiver (NIW) for Entrepreneurs
1. What is an EB-2 National Interest Waiver (NIW) for Entrepreneurs?
An EB-2 National Interest Waiver (NIW) is a type of U.S. employment-based immigrant visa category that allows entrepreneurs to seek permanent residency (a green card) without the need for a specific job offer or labor certification, provided they can demonstrate their proposed endeavor in the national interest of the United States.
2. What are the specific evidentiary considerations for entrepreneurs seeking an EB-2 NIW?
Entrepreneurs seeking an EB-2 NIW may have unique aspects of their evidence that demonstrate their qualifications and the national importance of their proposed endeavor. These considerations include factors related to their ownership and role in a U.S.-based entity, educational qualifications, investments, participation in incubators or accelerators, awards or grants, intellectual property, published materials, revenue generation, growth in revenue, job creation, and letters or statements from third parties. These specific considerations can help entrepreneurs demonstrate the criteria for the EB-2 NIW case.
3. How can evidence of ownership and role in a U.S.-based entity support an EB-2 NIW application?
Entrepreneurs can provide evidence of their ownership interest and active role within a U.S.-based entity, such as being a founder or co-founder or holding an officer position. This evidence demonstrates their ability to advance the proposed endeavor. This also helps showing inability of entrepreneurs to obtain labor certification for their entity.
4. What role do degrees, certifications, licenses, and letters of experience play in the EB-2 NIW application?
These documents can showcase the petitioner's knowledge, skills, and experience relevant to the proposed endeavor, reinforcing their qualifications. Examples include relevant degrees, work history, and leadership experience.
5. How can investments contribute to a successful EB-2 NIW application for entrepreneurs?
Demonstrating investments or commitments from outside investors, such as angel investors or venture capital firms, can validate the substantial merit of the proposed endeavor and the petitioner's ability to advance it.
6. What is the significance of incubator or accelerator participation in the EB-2 NIW application?
Admission into an incubator or accelerator can be seen as an endorsement of the petitioner's plan and their potential to succeed. It may serve as evidence of the petitioner's preparedness to advance the proposed endeavor.
7. How can awards or grants support the EB-2 NIW application for entrepreneurs?
Awards or grants from government entities or other reputable organizations can independently validate the national importance of the proposed endeavor and the petitioner's readiness to advance it.
8. How can intellectual property contribute to a successful EB-2 NIW application?
Intellectual property, such as patents held by the petitioner or their start-up entities, can serve as evidence of a prior record of success and the potential impact of the endeavor on the field.
9. What role do published materials play in the EB-2 NIW application for entrepreneurs?
Published materials about the petitioner or their U.S.-based entity can demonstrate significant attention or recognition by the media, bolstering the petitioner's qualifications.
10. How can evidence of revenue generation, growth, and job creation support an EB-2 NIW application?
Demonstrating revenue growth, job creation, and the petitioner's contribution to these aspects can show the substantial merit and national importance of the endeavor.
11. Can letters and statements from third parties be beneficial for an EB-2 NIW application for entrepreneurs?
Yes, letters from relevant third parties, such as government entities, investors, or industry experts, can provide independent validation of the petitioner's qualifications and the importance of the endeavor.
12. What are the key considerations when evaluating an entrepreneurial EB-2 NIW application?
USCIS evaluates the application based on three prongs: substantial merit and national importance of the endeavor, the petitioner's ability to advance it, and the overall benefit to the United States. Evidence should establish these prongs by a preponderance of the evidence, and officers must consider the totality of circumstances.
13. What happens if an entrepreneurial endeavor ultimately fails?
USCIS acknowledges that entrepreneurial endeavors may fail, and petitioners are not required to prove guaranteed success. The focus should be on demonstrating substantial merit, national importance, the petitioner's ability, and the overall benefit to the United States.
14. Is there a requirement for specific metrics like revenue or profitability in the EB-2 NIW application for entrepreneurs?
While revenue and profitability can be important metrics, USCIS considers other factors as well. The evidence should collectively demonstrate the substantial merit, national importance, and the petitioner's ability to advance the endeavor.
15. How can I ensure a strong EB-2 NIW application as an entrepreneur?
To strengthen your application, provide comprehensive evidence that aligns with the specific criteria mentioned in the guidelines. Schedule your consultation for guidance in preparing a compelling case that demonstrates your contributions to the national interest of the U.S.