NIW for Entrepreneurs and Founders

The EB-2 National Interest Waiver permits qualifying professionals to request permanent residence without employer sponsorship or labor certification when their proposed work would benefit the United States.

NIW petitions are particularly relevant to entrepreneurs, founders, scientists, engineers, technology professionals, physicians, researchers, executives, and other individuals pursuing work of substantial merit and national importance.

We evaluate the proposed endeavor, the applicant’s qualifications and record of achievement, and the evidence demonstrating that the applicant is well positioned to advance the endeavor in the United States.

The EB-2 National Interest Waiver provides a permanent-residence strategy for individuals whose proposed work has substantial merit and national importance to the United States. The applicant must first qualify for EB-2 as a member of the professions holding an advanced degree or its equivalent, or as a person of exceptional ability in the sciences, arts, or business.

The applicant must then demonstrate:

• The proposed endeavor has substantial merit and national importance.

• The applicant is well positioned to advance the proposed endeavor.

• On balance, it would benefit the United States to waive the permanent-job-offer and labor-certification requirements.

NIW applicants may self-petition. The classification can be particularly useful for entrepreneurs, founders, researchers, physicians, scientists, engineers, technology professionals, executives, and other individuals pursuing work with broader U.S. significance.

EB-2 NIW may be appropriate when:

• The applicant holds an advanced degree or can demonstrate exceptional ability.

• The proposed U.S. endeavor has implications extending beyond a single employer or client.

• The endeavor addresses an important economic, technological, scientific, cultural, educational, healthcare, or other national need.

• The applicant has a record, plan, resources, partnerships, or other evidence showing an ability to advance the endeavor.

• The overall record supports waiving the normal job-offer and labor-certification requirements.

An NIW petition does not necessarily require the level of acclaim associated with EB-1A. It does, however, require a carefully defined proposed endeavor and persuasive evidence of its national importance and the applicant’s ability to advance it.