EB-2 NIW Guide for

Business Owners

Tailored guide for business owners to EB2-NIW success.

TRUSTED BY INNOVATORS:

EB-2 NIW Criteria Explained for Business Owners

1
The Advanced Degree

You must hold a Master’s degree or higher, such as an MBA, or its foreign equivalent. Alternatively, a Bachelor’s degree plus 5 years of progressive, post degree work experience counts. Note that if you rely on the Bachelor’s plus 5 years, we must prove your experience is "progressive" (meaning increasing executive responsibility) and strictly post graduation.

2
The "Proposed Endeavor"

This is the foundation of your entire case. You must define specifically what you will do in the U.S. Instead of simply stating you will "run a consulting firm," your endeavor should be specific, such as "establishing a specialized logistics company to resolve supply chain bottlenecks for U.S. manufacturers." It must be forward looking and distinct from just running a generic local business.

3
Substantial Merit (Prong 1)

You must prove your proposed work has merit in a field like business, entrepreneurialism, or technology. For business owners, this is often demonstrated by showing your business has the potential to generate revenue, create U.S. jobs, or introduce innovation into a stagnant market.

4
Well Positioned: Education & Expertise (Prong 2)

You must prove you are the right person to execute this business plan. Your advanced degree (MBA or technical Masters) is the starting point. We complement this with your prior track record as a founder, previous successful exits, or deep industry expertise that distinguishes you from a first time entrepreneur.

5
Well Positioned: Progress & Traction (Prong 2)

You will need concrete evidence that your current U.S. business is real and moving forward. Incorporation documents, initial customer contracts, Letters of Intent (LOI) from partners, evidence of personal investment or seed funding, and a clear hiring plan are excellent examples of helpful evidence.

6
Well Positioned: Record of Success (Prong 2)

We look for a track record of commercial success relevant to your proposed business. We are proficient with translating your industry specific metrics to general understanding for EB2-NIW purposes.

7
National Importance (Prong 1)

We leverage specific economic arguments, showing that your business operates in an Economically Distressed Area, supports a critical U.S. supply chain, or enhances U.S. global competitiveness in a key sector like renewable energy or advanced manufacturing.

8
Beneficial to the U.S. to Waive Job Offer (Prong 3)

You must argue why the U.S. benefits from you specifically, without testing the labor market via PERM. This is the strongest argument for owners.

How Business Owners Qualify for the EB-2 NIW

The EB-2 National Interest Waiver (NIW) is an excellent path for entrepreneurs because it bypasses the need for an employer sponsor, solving the "owner employee" problem found in other visa categories.

The key is to demonstrate your "proposed endeavor" (your specific business plan) has substantial merit and national importance.

We focus on the metrics that prove this: your Advanced Degree, your specific plan to create jobs or solve a U.S. market problem, and your capacity to drive economic activity. 

The focus must be on your specific, executive expertise and the broader benefit of your company to the United States economy. 

Common Challenges for Business Owners Getting the EB-2 NIW

Proving "National Importance"

Your primary challenge is proving your business does more than just support yourself. USCIS often denies cases for generic businesses (like a local restaurant or general consulting) that only impact a few clients. 

You will need a strong narrative to prove that your business creates significant local employment, serves an Underrepresented Area, or improves U.S. productivity on a national scale.

Move with Confidence

More than 90% of our clients run a cross border business with a U.S. entity with team mobility needs.

We pre-vet our attorneys with strong track records, so you don’t have waste months finding a good one.

Company founders of all sizes trust us to translate their vision into compelling EB2-NIW petitions.

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Work with 15+ years of combined extraordinary visa knowledge. We are confident in your approval.

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Frequently asked questions

How long does the US visa process take with Beyond Border?

We guarantee to complete the petition drafting and submission within 1 month of receiving all supporting documents required to file your long term visa or green card petition. Beyond Border is amongst the fastest legal service provider in the industry, thanks to our tech-enabled approach to petition filing and focus on technologists.

How much does this cost?

The fee will vary depending on the visa or green card type that best suits your need, but you should budget between US$8,000-10,000, excluding government fees and depending on your long term visa or green card category.

You can visit USCIS's free fee calculator to get an estimate for the associated government fees to process your visa.

Who is Beyond Border?

Beyond Border is a modern immigration platform founded by immigrants from the technology industry for immigrants. We leverage technology to speed up the end-to-end U.S. immigration petition process, and work with a carefully curated network of attorneys who specialize in U.S. immigration cases for technologists.

Our attorneys maintain a 98% success rate throughout their careers with more than 4,000 approvals. We work exclusively with venture backed tech operators and researchers, which allow us maintain a high approval rate and provide profile building advice given sector expertise.

What happens if my visa application is rejected?

If your application is rejected, we will review the reasons for denial and help you reapply by addressing any issues or missing documentation.