eb2 niw business plan sample

Compare U.S. green card paths

A comprehensive eb-2 niw business plan sample and guide.

By Jemima Owen-Jones

Wondering how to self-petition for an EB-2 visa as a business owner? Check our EB-2 NIW business plan sample with a detailed guide to each section.

The EB-2 NIW allows you to self-petition for a United States visa without a sponsor or labor certification. Writing a compelling business plan is a crucial part of the application process. It gives you the opportunity to prove to USCIS that your work is of national interest and substantial benefit.

Read our EB-2 NIW business plan sample to understand what sections to include and how to position yourself. We also include some examples of what to write for inspiration.

What is an EB-2 NIW business plan?

The EB-2 NIW business plan is a document foreign entrepreneurs can use to support their self-petition for an employment-based visa . Although the plan isn’t a formal part of the visa application process, USCIS officials often request it.

Applicants apply for the national interest waiver (NIW) to skip the lengthy process for employment-based visas. Usually, the employment-based second preference visa (EB-2) requires a job offer and legal labor certification. Often, foreign nationals end up waiting over a year to finalize these arrangements.

The importance of an EB-2 NIW business plan

Writing a business plan helps to convince immigration officials that you meet their three requirements , otherwise known as the ‘matter of dhanasar.’ You can prove that:

• Your venture holds substantial merit and national significance
• Your business is likely to succeed
• You and the country would benefit from expediting the visa

If your NIW petition is successful, the United States Citizenship and Immigration Services (USCIS) will waive the visa requirements for a job offer and permanent labor certification. You can get your visa upfront and enter the country without a wait.

Like a traditional business plan, this document should provide a detailed description of your company, your mission and objectives, and your strategy. You may think of it as pitching yourself to the U.S. to secure their investment.

Immigration business plans can range from launching a new product to pioneering research and opening a franchise. The most successful applicants don’t necessarily have the most innovative ideas but can prove they’ll have a positive impact on the country.

What to include in an EB-2 NIW business plan

NIW visa business plans vary between applicants. The size and format of the document depend on the complexity of your proposal and the types of information you need to include. However, here’s a breakdown of sections every EB-2 NIW business plan needs, alongside some templates:

Executive summary

Outline your proposed endeavor and explain why it’s in the interest of the United States. Be clear and brief to help the official quickly grasp the core of your proposal. If your

Example: This plan showcases my exceptional ability in [field]. With a [qualification] in [area of study] and [number] years of experience in [industry], I’ve become one of the leading experts in my field. My work in [field] has the potential to revolutionize [specific industry], leading to significant advancements in [specific technology or field] that are crucial to the United States' leadership in the global market.

Applicant’s background

Discuss your work experience, qualifications, and achievements. You can summarize your history but go into further detail in subsequent sections. You should provide evidence such as degree certificates and professional references for all your claims.

Everything you include should emphasize why you’re best suited to lead your venture. You want to rule out the possibility that a current American citizen or another applicant could be a better fit for the role.

For example, you might have a degree in sustainable agriculture in a country with farming techniques not yet prevalent in North America. You’d be uniquely qualified to introduce these practices to the U.S. and help them increase their agricultural yield.

Example: My qualifications, including [list credentials], uniquely position me to drive the success of this venture. I also have over [number] of experience working for [company name], a market leader in [field] in [home country]. During that time, I won [list achievements] for contributing to [industry]. I could use this expertise to further [area of research or development] in the United States and improve [area of U.S. society or economy].

Business analysis

Give a detailed description of your current business or professional endeavors, including your:

• Role and responsibilities
• Mission and objectives
• Description and scope of services
• Target market
• Resources and equipment used
• Achievements to date

You want to demonstrate that you’ve got a thorough understanding of your business, the industry, and the global market. Immigration officers must see that you have the expertise to implement your plan.

Support your analysis with research and reports to substantiate your claims. If you’ve run a similar business in your home country, you could present your financial records. You could also use employee surveys and customer feedback forms as qualitative data.

The immigration official may also need to see that your business is compliant. Look for evidence that you meet international guidelines and laws. For example, you could include patents for new technology or the results of audits.

Example: I serve as the [position] of a fast-growing [field] business in [home country]. Within the next [number] years, we’re poised to [list objectives] with our high-quality [product or service]. The company has recently invested in [processes, resources, or equipment] to further our success. Now we are the leading [achievement] in [area] and have [percentage] of the market.

Market analysis

Describe the current state of your industry. Ideally, you’ll demonstrate there’s either a national or global demand for your business.

Some common examples include a shortage of a specific product or service or an emerging need. For instance, as companies move online, cyber security has become more of a concern. Applicants who can demonstrate they’ve got innovative software solutions to protect U.S.-based servers could be front-runners for EB-2 visas.

Present extensive, current market data to support your analysis. The immigration official may not know about the industry, and they’ll need proof of the demand.

Going back to the example about cybersecurity, you could present statistics about how online data breaches are increasing. You could also include information about the cost to U.S. companies and the increase in hiring for in-house cybersecurity experts.

Ensure your information is recent, as the market fluctuates constantly. The cut-off point for research materials depends on your exact industry. In fast-changing sectors like technology and commerce, information could be outdated within months.

Example: I’ve extensively researched [industry] using [list resources]. The market for [ product/service] is rapidly growing, with a projected annual growth rate of [percentage], indicating the strong demand for such [products/service]. My business can fill this demand by [list projects].

Social and economic impact

Your market analysis shows how your business could tick a box. In this section, you’ll go a step further by discussing the positive contributions you could make to the United States. You should cover:

• Tax payments: Give your projected revenue alongside how you’ll sustain or even grow your income. The more money you make, the more you’ll contribute to the country in taxes
• Economic growth: Show how your business could have a knock-on effect on other organizations. If they earn more money, they’ll also end up paying more tax
• Job creation: List the roles you’ll hire for within the United States. You’ll demonstrate how you’re creating job opportunities for U.S. citizens, reducing unemployment, and alleviating the burden on taxpayers
• Community impact: Discuss how you’ll have a social impact on U.S. citizens. That might be by hiring underprivileged groups, providing a service for vulnerable people, or improving impoverished areas
• Likelihood to succeed: Calculate the probability that your venture will have the intended results. You can provide additional support for your claim through similar case studies and historical trends and patterns

Compare what you could achieve with potential competitors on the market. You can prove how you’d provide more jobs or encourage economic growth in your sector. For example, a business could show how they’ll rely less on imported goods than competitors and thus support local U.S. suppliers.

Example: My business is expected to create [number] jobs for U.S. workers within the first [number] years of operation. As you can see from the financial projections above, my revenue will hit [number] by the end of [quarter] in [year].

National interest waiver

Discuss how the U.S. would benefit from not only allowing you into the country but also waiving the EB-2 visa requirements. You need to convince USCIS that your work is of such national importance that they should expedite your entry into the country.

In many cases, you can state that you’ll be addressing an immediate need. You could include data on how the issue will deteriorate and affect the country if you don’t take action soon. One example is how a shortage of the renewable technology your business provides will lead to escalating utility bills and more energy poverty.

It could also be a matter of strategic timing. Other countries may be on the verge of seizing global dominance over your industry. The U.S. could need to move quickly to outdo them and position themselves as market leaders.

Timing could also affect applicants in research and development. You may only have a small window when you can carry out your work in fields like technology, politics, and the environment. For instance, natural events like comets or El Nino only occur periodically.

Conclude this section with a summary of your overall plan and how you’ve proven you met the three requirements for the national internet waiver.

Example: The U.S. stands at a pivotal juncture concerning [industry], where timing is paramount. As [issue] advances, the need for my [product/service] increases. We need to launch [product/service] by [time] to see [percentage] increase in [issue]. If the launch is just one year later, that figure drops to [percentage].

Supporting documents

You should provide the following documents alongside your NIW petition:

• Your passport
• Any degree certificates
• A transcript of your academic record
• A minimum of three professional references

Alongside this paperwork, you need evidence of three of the following to show you have exceptional ability in your field:

• An advanced degree, such as a Master’s degree or your country’s equivalent
• Ten years of experience in your industry
• A license to practice your profession
• Evidence that you’ve received a salary for your work
• Membership in a professional association
• Awards or recognitions for your achievements

While you may need other documents to substantiate your plan’s claims, these aren’t a mandatory part of the visa process.

Key points to consider

There are some common pitfalls to avoid when writing an EB-2 NIW business plan. You can increase your chances of immediate approval by identifying them and proactively addressing them.

• Tailor your submission to the requirements : Ensure every aspect of your plan focuses on proving you meet the three main visa criteria
• Use reliable sources for research : You’ll appear more professional and knowledgeable if you use original, reputable sites, journals, and databases to support your plan
• Avoid treating your plan like a biography : Many sections may focus on your background, but the immigration officer will only be interested in how your experience makes you a good candidate. Prioritize facts over anecdotal evidence
• Spare no details : If you don’t provide a comprehensive business plan, the officer may ask for extra information and delay your application. You also only have one chance to make a response to this request for information (RFE)
• Get a proofreader : Officials won’t judge you on your writing or language proficiency. However, getting someone to error check and make revisions can make you look more professional
• Outsource to experts where necessary : USCIS won’t penalize you for getting help with your proposal. You can hire researchers, graphic designers, and even business plan writers, provided the ideas are your own

It’s highly recommended to consult with an immigration attorney for the entire EB-2 NIW process. They can provide specialist guidance and ensure your plan aligns with USCIS expectations.

Create a visa business plan that stands out

Writing a compelling EB-2 NIW plan requires a lot of time, energy, and resources. However, it’s worthwhile to convince US immigration to waive the lengthy labor certification process and grant you immediate visa approval.

To help you draft the plan, seek expert legal advice from services like LegalPad, specializing in the EB-2 NIW process. They can help you tailor your document to the USCIS guidelines and prove you meet the requirements.

Contact our team to see how we could streamline your EB-2 NIW visa process.

About the author:

Jemima Owen-Jones

Jemima helps international startups and their teams navigate the work visa process so they can get approved fast and focus on what they do best.

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How To Write an EB-2 NIW Business Plan

The Second-Preference Employment-Based (EB-2) visa is a category for individuals who are in a line of work that is of national interest to the United States. Such foreign nationals are able to petition for a National Interest Waiver (NIW) so they don’t have to undergo the labor certification process, which is quite a lengthy one. 

In order for NIW petitioners to immigrate to and establish their enterprise in the U.S., they must include a business plan that details their business – whether it currently exists or will be established in the near future – and how it will serve the country on a national level.

An EB-2 NIW business plan also includes some of the following key components:

• Either the petitioner’s advanced degree or exceptional ability
• Relevant job experience
• Demonstration of strong skills, especially in the arts, sciences, or business
• Financial, management, personnel, and marketing plans
• Analysis of the industry 

One common factor within each section to be continually followed is the path of proving national merit by the presence of their business. In this article, we outline the EB-2 NIW business plan while paying special attention to the vital elements within each one. 

Who Is Eligible to Apply for an EB-2 NIW?

Any foreign national who can prove exceptionalism in their profession and how their presence and employment in the U.S. substantially benefits the country. Though not an exhaustive list, the following professions are generally eligible to apply for an EB-2 NIW :

• Entrepreneur
• Small business owner
• Medical professional
• Technologist
• Urban engineer
• Professional athlete
• Consultants

Accordingly, there are two sub-categories under the U.S. Citizenship and Immigration Services (USCIS) Eligibility Criteria that define the eligibility for EB-2 NIW applicants. They are:

Advanced Degree

Exceptional ability.

Check out our blog covering which jobs qualify for a national interest waiver.

Under the Advanced Degree sub-category, the petitioner must be seeking a position that ultimately requires that any applicant for the role has an advanced degree or its foreign equivalent. Foreign equivalents include a baccalaureate degree or a foreign equivalent plus five years of progressive post-baccalaureate work experience in the same field. Likewise, the petitioner must possess the required degree.

Naturally, proof of degree documentation is also mandatory. This can be via any of the following official academic records:

• U.S. advanced degree or its foreign equivalent or a
• U.S. baccalaureate degree 
• Foreign U.S. baccalaureate equivalent, accompanied by letters from the applicant’s current or former employers, detailing more than five years of progressive post-baccalaureate experience in the specialty (if no U.S. baccalaureate is possessed)
• U.S. doctorate or its foreign equivalent (when a doctoral degree is required)

Furthermore, requirements for an EB-2 NIW are that petitioners must:

• Apply for a job requiring an advanced degree or exceptional ability, and as such, have the degree or its equivalent
• Have proof that their work has, or will have, a substantial positive impact on education, economy, health, technology, business, science, or the arts in the U.S.
• Have unique qualifications essential to the development and advancement of their work via a specialized experience or degree, other particularized skills
• Proof that their contribution will benefit the U.S., en masse, more so by waiving the labor certification requirement than by requiring it

Those seeking an NIW can self-petition do not need an employer to sponsor their employment-based visa.

Exceptional ability means a degree of expertise that is significantly higher than what is usually encountered in the following fields:

• The sciences
• The arts 
• Doctors and Physicians

What is important to note is that the USCIS does allow a three-to-one ratio. That is to say, and it is permissible to have three years of work experience per one year of college experience. 

Additionally, it is well-advised that NIW applicants have their advanced degrees and work experience professionally evaluated by an evaluation agency to ascertain they meet the three-to-one ratio before petitioning. 

What’s in an EB-2 NIW Business Plan?

As with any written plan-of-action for proposed endeavors, NIW petitioners must meticulously design a document (or document packet) demonstrating exceptional ability in their field and how their work serves as national interest to the United States. They must also be evidentiary of an advanced degree in their profession, highlighting their reasoning for applying. 

As previously stated, business plan components of an EB-2 NIW must contain the following:

• Executive summary
• Company summary
• Either the petitioner’s advanced degree or exceptional ability, along with job experience 
• Demonstration of strong skills especially in the arts, sciences or business
• Financial, personnel and marketing plans
• Details of the proposed managerial team
• Industry analysis

Though the above elements are standard, petitioners may find the need to include additional sections so as to underline the further proposed plans, as they pertain to their business. 

EB-2 NIW Business Plan Executive summary

The initial section bears the following components:

• A summary of the business itself
• The description of the goods and services offered by the candidate
• Highlights of how the proposed endeavor is, or will be, cost-effective and profitable for the owner
• A statement of how the business will be managed

EB-2 NIW Business Plan Company Summary

The second section contains additional pertinent details about the proposed endeavor, such as:

• The reason for the enterprise
• Productivity and optimization methods
• Demonstration of the managers’ expertise
• Details about the target audience and how they will be approached about the goods or services
• Any applicable tools or technology that will be leveraged
• All existing licenses, permits or registrations obtained (or which ones to be obtained) 
• Any other information regarding the continued operations of the enterprise

Education and Professional Experience For A EB-2 NIW Business Plan

This section of the business plan entails the candidate’s education and how it is foundational to their application for the Waiver. Again, this is by way of an advanced degree, or its foreign equivalent. If the applicant has foreign U.S. baccalaureate equivalent, they must also include letters from the applicant’s current or former employers which details the five or more years of post-baccalaureate experience.

As for the professional experience portion, this is where the applicant highlights exactly how he or she is well-positioned to further their proposed endeavor. 

EB-2 NIW Business Plan Financial and Personnel Plans

This financial part should contain all relevant financial details. This includes startup capital, sources of funds, financial projections of about five years, and all planned advertising. Needless to say, the more financial details included showcase how earnest the applicant is, and how eager to succeed they are.

The personnel section should detail all of the individuals to be hired in the near future, and how their expertise is essential to the success of the business. Job creation is a must to increase the possibility of being granted an NIW. Therefore, this is where information about the entire organization should be itemized per profession, from supervisors and field experts, to technicians and administrators.

Market Analysis and Marketing Plan For The EB-2 NIW Business Plan

In this final section, the applicant should first summarize the findings from his or her previously conducted analysis of the industry. Particularly, information regarding the enterprise's target market consumers, their interests, how they function, and their presumed purchasing intentions. 

Such research allows the business owner to discover the best strategies to not only have a successful business, but to outshine any competition within the industry. What needs to be remembered while drafting this section is to underline how and why the applicant’s proposed endeavor will be of substantial merit and of national importance within the U.S. market.

Then, the applicant should highlight their marketing strategy and projected sales. It is the ultimate plan for promoting the sale of goods and services to the target market’s consumers. 

Conclusion of How To Write an EB-2 NIW Business Plan

EB-2 applicants, especially entrepreneurs applying for an NIW, can do so without the need of a sponsoring employer. This means self-petitioning for a green card is somewhat easier than under most other visa categories. The inclusion of a business plan is a critical aspect of the NIW application.

Eligible persons for an NIW generally fall into categories such as the arts, sciences or business.

According to the requirements under the Matter of Dhanasar, and once eligibility for an EB-2 visa has been established, applicants can self-petition for the Waiver. They must supply proof of satisfying the following three main requirements:

• The applicant’s proposed endeavor has both substantial merit and national importance
• The applicant is well-positioned to advance their proposed endeavor
• It would be beneficial to the U.S. to waive the job offer and thus the permanent labor certification requirements

While aligning with the above requirements, the business plan must first include executive and company summaries. Then, the applicant’s educational and professional experience. Followed by the financial and personnel plans, and ending with the market analysis and plans for marketing. 

The business plan must be evidentiary, well-documented and substantially merited. It should also be persuasive in nature; showcasing how the business operations will be established and maintained in the United States.

The EB-2 NIW business plan highlights every vital aspect of the proposed endeavor, but it is also important to continually point to how the petitioner is exceptionally qualified, how their endeavor is substantially merited and how their enterprise benefits the U.S. as a whole.

Frequently Asked Questions About How To Write an EB-2 NIW Business Plan

Do i need a business plan for an eb-2 niw, how many citations do i need for eb-2 niw, how many recommendations are needed for an eb-2 niw business plan.

Table Of Contents

How Hard Is It To Get an EB-2 NIW Visa in 2024?

Filing forms i-140 and i-485 concurrently, what is an eb-2 niw expert opinion letter, eb-2 vs eb-2 niw and the differences explained in 2024.

Ultimate Guide to the EB-2 NIW Visa

Ultimate guide to the eb-2 (niw) visa.

This ultimate guide for the EB-2 NIW visa will equip you with the necessary knowledge of the visa itself, especially how to qualify for the National Interest Waiver. Topics discussed include: the EB-2 visa, the National Interest Waiver, the required documents, how to minimize EB-2 NIW visa costs, the application process, application duration, pros and cons, and frequently asked questions about the EB-2 NIW visa.

What is the EB-2 Visa?

The employment-based (second preference) or EB-2 visa is open to individuals who are members of professions holding an advanced degree (or its foreign equivalent) or a person with exceptional ability. It is reserved for individuals with a job offer from a U.S. employer that requires an advanced degree or its equivalent or someone with exceptional ability in the sciences, arts, or business. As it is an immigrant visa, it grants the applicant permanent residence or a green card.

To be eligible as an applicant with an advanced degree, the job you are applying for must require an advanced degree (degrees above a Bachelor’s) or its foreign equivalent (a baccalaureate or equivalent foreign degree, and five years of post-baccalaureate, progressive work experience in the field). You also need to meet the other requirements specified on the labor certification. 

In addition, you must also show evidence to prove your eligibility, such as official academic records and letters from current or former employers to prove at least five years of progressive post-baccalaureate work experience in your specialty. Doctoral degrees must be from the U.S. or at least be a foreign equivalent.

Note that an applicant who does not possess at least a U.S. bachelor’s degree or a foreign equivalent is automatically ineligible for the advanced degree classification. 

To be eligible as an applicant with exceptional ability in the arts, sciences, or business, you must be able to prove that you have a degree of expertise that is significantly above that ordinarily found in your specialty in the sciences, arts, or business. You must also meet the requirements specified on the labor certification. In addition, you must meet at least three of the seven criteria below:

Official academic records showing your degree, diploma, certificate, or similar awards from college, university, school, or other institution of learning related to your specialty

Letters from current or former employers documenting at least ten years of full-time experience in your specialty

A license to practice your profession or a certification for your profession/specialty

Evidence that you have commanded a salary (or other remuneration) for your services demonstrating your exceptional ability in your specialty

Membership in a professional association

Recognition for your achievements or significant contributions to your field of specialty by your peers, professional or business organizations, or government entities

Other comparable evidences of eligibility

Note that the term “exceptional ability” is defined as a degree of expertise significantly above what is ordinarily encountered in the applicant’s field of specialty in the arts, business, or sciences.2 This standard is lower than the standard for the extraordinary ability classification.

Labor Certification

The EB-2 visa must be accompanied by a certified Application for Permanent Employment Certification from the Department of Labor (DOL) on ETA form 9089. Your U.S. employers must demonstrate the ability to pay your offered wage as of the priority date and continue until you obtain lawful permanent residency. To do this, your employer can use an annual report, federal income tax return, or audited financial statements demonstrating a continuing ability to pay your offered wage. 

However, you can request to waive this requirement in the national interest by self-petitioning. Since the national interest waiver (NIW) waives the job offer requirement, you will not need to demonstrate an employer’s ability to pay your wage since you will self-petition for the EB-2 via NIW. 

What is the National Interest Waiver (NIW)?

The National Interest Waiver (NIW) is a method of getting an EB-2 visa by self-petitioning. In other words, it is a way to obtain the EB-2 visa without having an employer’s sponsorship, as it waives the labor certification requirement for the EB-2 visa.

Applicants requesting to waive the job offer, and thus the labor certification, do so in the interest of the U.S. To qualify for NIW, the U.S. Citizenship and Immigration Services (USCIS) considers the following three factors :

The applicant’s proposed endeavor has both substantial merit and national importance . This can be shown in areas like technology, science, business, culture, health, or education. It does not need to be quantifiable evidence of economic impact. It is helpful to note that meeting this requirement does not ensure immediate approval, and the application will be reviewed on a case-by-case basis.

The applicant is well-positioned to advance the proposed endeavor . The applicant need not prove that their endeavor will succeed but rather that they have a plan for opportunities to succeed. Factors that impact this include relevant experiences and skills, educational background, a record of similar successes, current progress, and a plan for success.

It would benefit the United States to waive the requirement  of a job offer and labor certification. This means that the benefits of waiving the job offer requirement outweigh the advantages of not waiving it.

Families or dependants of EB-2 Visa holders, such as spouses and unmarried children under 21 years, are eligible to apply for admission to the United States in the E-21 and E-22 immigrant status, respectively. The spouse may be able to apply for an Employment Authorization Document (EAD) to work in the U.S. during the process.

To summarize, here are the three ways to qualify for the EB-2 Visa:

Members of professions with a demonstrable advanced degree, and an employer who can demonstrate the ability to continually pay your wage

Individuals with proven exceptional abilities in their particular field, whether in the sciences, arts, or business, and an employer who can demonstrate the ability to continually pay your wage

Self-petitioning via the National Interest Waiver (NIW)

What are the requirements and documents needed for EB-2 NIW?

An NIW fast-tracks EB-2 applications for those who can provide evidence that their specialty is in the U.S.’s national interest, thus permitting the EB-2 applicant to attain an employment-based green card without having an employer. To ensure your application process goes smoothly, prepare the following key requirements or documents:

Advanced degree or exceptional ability. Ensure that you have an advanced degree or an exceptional ability in your field of work. This needs to be demonstrated or supported by documents, such as your academic records, publications, resume, recognitions or awards, and other relevant evidence demonstrating your advanced degree or expertise in your specialty above that of ordinary standards.

National interest. Ensure that your demonstrable exceptional ability or advanced degree is in the national interest of the United States. This can be demonstrated by providing evidence and documentation, such as your petition letter, publications and citations, resume, patents, awards or recognitions, letters of recommendation, affidavits from leaders in your field, memberships to associations, and other relevant evidence of your significant contribution to your field of specialty.

Necessary form. You must file an I-140 petition with the USCIS. You must attach all your supporting evidence, as previously mentioned.

Fees. Ensure that all required fees for filing the I-140 petition are paid. It includes $700 for the petition itself. Premium processing costs an additional $2,500 and ensures a response from the USCIS within fifteen calendar days of receiving your petition. If the applicant is already in the U.S. under a different visa and is applying for a change in status using the I-485 form , the fee is $1,225. 

For those outside the U.S., you may be subject to additional fees via consular processing. Providing biometric information, i.e., fingerprints, is also part of the application process and costs $85. Fees are subject to change, so check the USCIS to ensure your information is updated. In addition, if you choose to work with an immigration attorney, you must also consider the fees associated with acquiring additional services. These can vary depending on the attorney hired and the complexity of your case.

Minimize your EB-2 NIW Visa Costs

Here are some ways to minimize your spending for your EB-2 NIW application :

Avoid mistakes! Be thorough and organized every step of the way to avoid mistakes that could cost you both time and money. It is easy to get rejected just by filing an incomplete or incorrect application, causing delays and additional expenses. Take the time to carefully review all your requirements and ensure that all of your supporting documents are complete and correct, and that all fees are paid for. Review and double-check every step of the way. It can be easy to forget signing where you need to sign, for example.

Opt for regular processing. Premium processing can be useful if you need to expedite your application. The key word here is need. Can you spare the time to wait? Consider forgoing premium processing to save money and pay $700 instead of adding $2,500 to expedite it.

Compare consular fees with the change of status fees. Adjustment of status can be expensive compared to applying in your country via consular processing, depending on circumstances. Check and see which option saves you money.

Consider doing it yourself. Hiring an immigration attorney is extremely helpful, especially for complicated cases, but it can also be expensive. Is yours going to be a complex case? Consider the facts. If you feel confident in your ability to navigate the entire process independently, it is a good way to save money. If not, immigration attorneys can save you the trouble for a fee.

What is the application process like for the EB-2 NIW Visa?

The steps involved in the EB-2 NIW visa application process generally involve the following:

You must first determine your eligibility. Do you have an advanced degree? Do you have an exceptional ability in your field, whether in arts, sciences, or business, and can you demonstrate that your specialty would be in the national interest of the United States? If your answer is yes, you are eligible.

Once you have determined that you are qualified, you must file a petition. The NIW is a self-petitioning method. You must file an I-140 petition with the USCIS and include your supporting documents, such as your academic degrees, publications in your specialty, letters of recommendation, and evidence of national interest.

Next, you must attend an interview. If the applicant is already in the U.S., i.e., under a different visa, they may be required to attend an interview with the USCIS. On the other hand, if the applicant is outside of the U.S., they will attend an interview at a U.S. consulate or U.S. embassy abroad.

Wait to receive a decision. After the interview, the USCIS will review your application to determine whether to approve or deny your EB-2 NIW visa petition.

Applying for the EB-2 NIW visa can be complicated and understandably frightening. However, as long as you ensure that your eligibility is solid and you have ample, qualifying supporting documents or evidence to that your exceptional ability or specialty is of national interest to the country (via a thorough and evidence-laden application), chances are you will be approved even if it takes some time.

How long does it take to acquire the EB-2 NIW Visa?

The EB-2 NIW visa typically takes between three to nine months. However, it varies depending on the assigned USCIS service center, the adjudicating officer, and your particular case and its complexity, as evaluation is on a case-by-case basis. It is advisable to consult an immigration attorney for a full breakdown of your case to request a realistic estimation.

However, with premium processing (via filing an I-907) for an additional $2,500, your processing time will be expedited to only fifteen calendar days. It is important to note that this does not increase your chances of approval; it merely greatly decreases your waiting time for a decision from months to a maximum of fifteen days.3

It is important to ensure you use the correct, updated I-907 form to avoid rejection, as filing the old form can waste your time, effort, and money.

What are the Pros and Cons of the EB-2 NIW Visa?

The EB-2 NIW visa offers several advantages and disadvantages for foreign applicants seeking to obtain a green card to immigrate to the U.S.:

A big advantage to the NIW is it waives the job offer and, consequently, the labor certification requirement. This makes the process easier for a highly-skilled applicant. 

Since it does not require an employer or a job offer, the applicant can self-petition for their EB-2 NIW visa. They can file their own application without needing an employer to sponsor or file for them. 

Applicants granted an EB-2 NIW visa are assigned a priority date, fast-tracking their place in line for a green card. This is helpful since green cards have quotas, and backlogs often cause long wait times.

Most importantly, the EB-2 NIW allows foreign nationals to seek employment from any employer in the U.S. in their field of expertise, making it flexible for those who may wish to change jobs or employers along the way. This is an extra benefit to self-petitioning.

A major disadvantage to the EB-2 NIW is it requires a rigorous and high-standard of proof to qualify for it in the first place. It is reserved for individuals with an advanced degree or exceptional arts, business, or sciences ability. It also requires evidence to prove such claims, such as awards, recognitions, and letters of recommendation from qualified third parties. On top of that, the applicant must demonstrate that their admission to the U.S. will be of national interest or benefit to the country.

It can be uncertain. There is no guarantee that the application will be approved or that the individual’s skills and exceptional ability will be deemed of national interest. Besides, the process takes a long time and can be subject to delays or additional requests for further evidence.

The visa is limited to certain qualifying professions in the arts, business, or sciences, such as members of certain professions like scientists, academics, and researchers. This restriction severely limits the eligibility of some foreign nationals seeking green cards who do not meet the visa’s criteria.

The applicant’s family must apply for their own visas or wait for the applicant to obtain their green card before joining them in the U.S., as the visa does not include family dependents in the application. Spouses can apply for the E-21 status, while unmarried children under 21 can apply for the E-22 status.

Frequently Asked Questions (FAQ) regarding the EB-2 NIW Visa

Here are some frequently asked questions about the EB-2 NIW visa:

What are the differences between EB-2 and EB-2 NIW?

For EB-2, a U.S. employer needs to petition for the foreign national applicant (beneficiary). The employer must obtain a labor certificate before filing Form I-140 for the beneficiary. In addition, the petition must establish the beneficiary’s qualifications as someone with either an advanced degree or exceptional ability in the arts, sciences, or business.

Meanwhile, the NIW allows the foreign national applicant to self-petition or file Form I-140 on their own behalf as the NIW waives the requirement of acquiring an employment offer and, subsequently, a labor certificate. Thus, foreign nationals self-petitioning for EB-2 NIW does not require an employer. They can apply independently so long as they demonstrate that their qualifications satisfy the NIW requirements.

What does the EB-2 NIW waive?

The NIW waives the labor certification process and, thereby, the necessity of having a U.S. job offer or employer.

Who qualifies for the EB-2 NIW?

To be qualified for the EB-2 NIW, you must first meet one of the two EB-2 requirements:

(1) EB-2 Advanced Degree. An advanced degree refers to degrees beyond a baccalaureate degree (including a U.S. or foreign Ph.D., a U.S. or foreign master’s, or MD/MBBS).

Otherwise, you must demonstrate that you have the equivalent of an advanced degree, such as a baccalaureate degree, plus five years of progressive work experience in your specialty. Although an EB-2 case will be stronger with a Ph.D., it is not a strict requirement.

(2) EB-2 Exceptional Ability. If you do not meet the advanced degree requirement, you can still satisfy the EB-2 requirement by demonstrating exceptional ability. To do so, you have to meet at least three of the following criteria:

Official academic records showing your degree, diploma, certificate, or any similar award from a college, university, school, or other learning institution related to your area of expertise.

Letters documenting at least ten years of full-time experience in your specialty.

A license to practice your profession or certification relating to your occupation or specialty.

Evidence that you have commanded a salary or other remuneration for services demonstrating your exceptional ability in your specialty.

Membership in a professional association.

Recognition for your achievements or significant contributions to your industry by your peers, professional or business organizations, or government entities.

Other comparable evidence.

You must also pass the three-prong test in the Matter of Dhanasar decision:

Your proposed endeavor is of substantial merit and national importance.

You are well-positioned to advance your proposed endeavor.

It would be in the United States’ benefit to waive the requirement of a job offer and the labor certification.

What is an “advanced degree” for the EB-2 NIW?

An advanced degree is a U.S. advanced degree (degrees above a Bachelor’s) or a foreign equivalent degree.

What if I only have a Bachelor’s degree and no post-graduate degrees?

Suppose the applicant only has a U.S. baccalaureate degree (or its foreign equivalent). In that case, they must also have five years of progressive, post-baccalaureate experience in their specialty to fulfill the requirement for an “advanced degree.” Otherwise, they will have to demonstrate “exceptional ability” instead.

What is an “exceptional ability” for the EB-2 NIW?

An exceptional ability refers to a degree of expertise significantly above that ordinarily found in your specialty in the sciences, arts, or business.

The law does not specify the definition of “exceptional ability,” but it requires the applicant to have a higher level of expertise in their specialty. To establish this, the applicant needs to meet at least three of the following:

What is a letter of recommendation for an EB-2 NIW petition?

A letter of recommendation is also referred to as a reference letter. It is written by an expert in the applicant’s specialty or by another authoritative individual in an allied or related field. They are essential in the petition for employment-based immigration benefits. Since adjudicating officers are rarely experts in your field, letters of recommendation are one way to objectively determine whether you qualify for the standards set in the Matter of Dhanasar decision.

Whom should I contact to obtain letters of recommendation?

You should obtain strong letters from your inner and outer circle peers, such as those you have directly worked with (either in academics or business).

Can I still apply for an NIW if I do not have any awards in my field?

Yes, you can still apply for an NIW. There is no specific requirement regarding having awards to obtain approval for an NIW application, although they improve your chances of approval. You can prove your case by providing other documentation instead that qualifies to prove the other prongs listed by the law.

What form should be used for the EB-2 NIW petition?

Form I-140.

Is a labor certification required for EB-2 NIW?

It is not required. The NIW waives the labor certification.

Is a job offer required for EB-2 NIW?

No job offer is required. The NIW waives it and enables the applicant to self-petition.

How can an EB-2 NIW petition be filed?

By mailing the I-140 form and supporting evidence to the appropriate service center.

Can an EB-2 NIW be withdrawn?

Yes, the petitioner or the Form G-28 representative may send a letter to request withdrawal to the USCIS.

If my EB-2 NIW petition is denied, how long do I wait to file under EB-2 NIW or other categories again?

The law does not restrict the time you can file your EB-2 NW petition after a denial. It does not bar you from submitting another petition as well. However, it is best to ensure your circumstances have improved before filing a petition again.

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EB-2 NIW Business Plan Fully Compliant with USCIS Requirements from OGScapital

Our approval rate is above 95%.

What is EB2 NIW Visa

Individuals from different parts of the world make plans to move to the United States for various reasons. However, getting a green card or going through the immigration process via an EB-2 NIW is a complex procedure.

It is worth mentioning that not everyone can qualify for EB-2 NIW. And yet, it is a visa type for the US that has gained significant popularity.

The process includes several steps and a lot of documentation. You can, however, make the process easier if you apply for a business plan EB-2 NIW. If you’re considering moving to the US, learn how to obtain an EB-2 visa to start a business.

EB-2 NIW is an immigrant visa of the USA. It grants an overseas national lawful citizenship without any employment offer. The US govt waives the job requirement if the candidate proves that his residency in the country will benefit the country.

Here is what makes us standout

Conformity at its best.

When it comes to designing an EB2 NIW Visa Business plan that can make an impact with its on-point USCIS requirements, you can rely on OGS Capital. Our expert team keeps itself updated with requirement changes and develops plans accordingly. Satisfaction is guaranteed as we make the best modifications.

Business Plans for Turn into a Viable Company

Not sure if your business idea or plan has growth potential? We ensure to incorporate the value propositions and financial projection your business plan needs to become a successful company in future.

Professional Representation

A professional layout matters the most when it is about increasing your chances of visa approval. Our business plan maestros excel at designing plans that demonstrate your business idea in the best possible manner.

Best Industry Knowledge

Developing each document to make it industry-specific is one of our fortes. We have developed more than 5000 business plans and make sure your document comprises the best business knowledge.

Skilled Team

Thorough market analysis and competitive research are the key attributes of our team. With its wealth of experience in developing EB2 NIW business plans, our expert team focuses on your immigration grounds to prepare a plan that fits your exclusive visa needs.

Detailed Action Plan

We work with an aim to develop an EB2 NIW business plan that builds on your professional goals. With 12 years of experience in various international consulting companies, we develop a comprehensive and detailed custom business plan that clearly demonstrates your action plan.

Any questions? Get in Touch!

Who can apply for eb2 niw visa.

EB-2 NIW is open for all foreign nationals. That means anyone can apply for EB-2 NIW to start a business. However, you need an immigration attorney to complete a strong application process to check all the requirements. A strong application helps you make an appropriate legal argument. If you’re an applicant, you don’t need an employer.

EB-2 NIW waiver doesn’t require a labor certification from the US Department of Labor. Remember that obtaining a labor certificate is time-consuming and costly. The visa can waive off the employment offer’s requirement. But candidates must still fulfill all entry requirements. This will help them meet the visa’s eligibility criteria.

EB-2/NIW Business Plan

NIW is in the EB-2 green card category. That means applicants or candidates need an advanced degree to apply. These can include a foreign equivalent degree, a baccalaureate, or progressive work experience in a relevant field. Applicants must also demonstrate a good ability in arts, business, and science. EB-2/NIW Business Plan Requirement – after this, applicants need to show that their proposed endeavor has national importance.

Recently, the National interest waiver law has gone through changes. This allowed NIW petitions to be available to many business owners. Applicants can enjoy more benefits if they opt for business plan EB-2 NIW.

People applying for NIW as an entrepreneur or EB-2 business visa need a comprehensive business plan with the application. A thorough business plan EB-2 NIW is important if your proposed endeavor is a small business. This doesn’t mean that established companies cannot benefit from a business plan EB-2 NIW when applying for an EB-2 business type visa.

An EB-2 business necessity letter sample or a business plan shows the planned trajectory of their company. Therefore, it reinforces how your firm will serve the country. In short, if you’re a startup, you need an EB-2/NIW Business Plan to strengthen your application.

Some basic requirements of your national interest waiver business plan

Executive summary

Highlight a National Importance

Show Benefits to the US economy

Describe a Contribution of the Applicant

Professional Expertise and Experience

Our solution

Our tailored business plan will help you to get the EB2 NIW visa approval you need.

EB2 NIW visa business plan:

Users:   USCIS, EB2 NIW Visa applicants and Immigration lawyers

Document size:  25-30 pages

Timeframe:   10-12 days

Graphic design:  included

Assigned team:   2 senior consultants with a team lead

Unlimited revision period:  3 weeks

Rush Delivery Service:  Available

Document contents:

• Executive Summary
• Applicant’s profile
• Current Situation
• Contribution
• National Importance

Illustrative sample business plan for EB2 NIW visa

OGS EB2 NIW Business Plans are created using an extremely user-friendly and stunningly modern format. An OGS business plan will substantially increase the success rate of your USCIS. We do not use a EB2 NIW visa business plan template or any other ready-made solutions.

EB2 NIW visa Business Plan

What section do the EB-2/NIW business plans incorporate?

In general, a business plan EB-2 NIW comprises four sections that include;

• Description of the services a business offers
• Details of the management team
• Personal Plan
• Description of financial projection and marketing strategies

What should you do if USCIS rejects the application?

In case the USCIS rejects your EB-2 visa to start a business, you will now have to go to immigration court. You can file your case and use an opportunity to present the details to an immigration judge.

What is the cost of the OGScapital business plan?

The cost of a business plan depends on the type and requirements of your business. You can call our representative to discuss the cost of the business plan.

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Having OGS write a business plan for you is a simple and straightforward process.

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OGS will prepare a draft of your EB2 NIW Visa Business Plan within 10-12 days.

After we’ve responded to all of your comments, we will issue the final business plan.

Payment options : debit/credit card and wire transfer

OGScapital was founded by 8 partners in 2006. Having prepared more than 5,000 business plans covering 42 industries, we are the #1 business plan company focused on immigration business plans. We serve 95 EB2 NIW Visa applicants per year, and we regularly analyze USCIS guidelines to make sure that all of our plans are 100% compliant.

OGScapital was established in 2006

Our approval rate is 95%

Our team members have experience in 45+ industries

OGS develops 95 business plans for EB2 NIW Visa annually

Our team consists of 63 senior experts

OGScapital successfully cooperates with 48 solicitors and law firms

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EB-2 NIW Business Plan

EB-2 visas are a second preference to employment visas. In fact, many professionals or business owners find it an attractive option. This is especially when obtaining permanent residency for their families in the USA. An EB-2 visa is the right idea for a business or family because it’s quick to obtain. A standard EB-2 visa requires an employment offer from a US-based employer. An NIW visa, on the other hand, is one that foreign nationals can easily obtain via a self-petition. Anyone from any profession or business occupation can apply for an EB-2/NIW visa.

Who can Quality for an EB-2 NIW

The following people can apply for an EB-2NIW

• Foreign nationals who meet the educational requirement
• Foreign nationals who meet the 3-prong test decision in the Matter of Dhanasar decision include:
• The proposed venture has national importance and substantial merit
• The applicant can advance the proposed endeavor

A substantial benefit to the United States

NIWs (National Interest Waivers) – What is it and How it Works

As mentioned earlier, the National Interest Waiver (NIW) is a job-based green card that allows self-petitioning. The “waiver” refers to the fact that people will only receive the visa type based on a “waiver of an employment offer” and PERMS (labor certification process). Moreover, the national interest in the visa type name shows the requirement is different. An applicant can only get that visa if it is in the interest of the USA. As mentioned earlier, the NIW comes in the category of the EB-2 green card. Therefore, only people with an advanced degree, a baccalaureate, or work experience in any field. Plus, applicants must be able to show their exceptional ability in arts, business, and sciences. The threshold requirement for getting a National Interest Waiver is either having “exceptional ability” in the field or a master’s degree. The primary need is a three-part test. So, to become an EB-2 NIW small business owner, or to qualify for it;

• Your proposed venture must have a “substantial intrinsic/fundamental merit.”
• The benefits/advantage of your work need to be “national in scope.”
• Your application must establish that achievements in the past have benefitted the national interest to a “greater degree.”

OGS Capital Consultant- Your Business Plan EB-2 NIW Solution

If you’re looking for a result-driven business plan to qualify for an EB-2 NIW, an OGS Capital consultant could be the best option. We work with a team of experienced professionals. They know how to incorporate value proposition into your business plan. The added value can show the growth potential of your startup. You can rely on OGS consultants to create the best customized NIW plan for your small business. We take pride in providing the most reliable personalized services that also include business plan revisions. Our experienced specialists add their knowledge to your business plan to make it relevant and industry-specific. The EB-2 business plan has helped many businesses petition successfully for NIW Immigration to the US. We devise an NIW business plan customized to each of the NIW petitioner’s profiles. Call us or visit us to explore how our experts can help you exceed the requirements of USCIS and obtain NIW petition approval.

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How a Well-Written Business Plan Can Impact an EB2-NIW Application

While a business plan is not a legal requirement for an EB2 NIW visa application, it can still significantly affect the outcome. In fact, immigration authorities have been increasingly requesting business plans for EB2 NIW cases.

In this article, we’ll explore the role of a business plan in the EB2 NIW application process, the types of business plans available for applicants, tips for writing an effective plan, and why Joorney is the right choice for EB2 NIW applicants.

Let us help you tell your story and showcase your potential. Read on to learn more!

The Role of a Business Plan in the EB2 NIW Application

A business plan plays a crucial role in enhancing an EB2 NIW visa application. While not required by law, recent trends have shown that immigration authorities are increasingly requesting business plans for most cases and/or during Requests for Evidence (RFEs).

A well-written business plan for an EB2 NIW visa application can help demonstrate why the proposed endeavor is of substantial merit and national importance, which is a key eligibility requirement.

The plan should include industry and market analysis that highlights aspects of the industry and the unique value of the proposed endeavor. This is especially important for applicants seeking the EB2 NIW visa.

Ultimately, a business plan demonstrates that the applicant is well-qualified and has a solid plan for contributing to the US economy, culture, or other aspects of national interest.

Types of Business Plans for EB2 NIW Applicants

Two types of business plans are available for EB2 NIW visa applicants: Personal or Professional Plans and Company or Business Plans. Each type of plan caters to different situations and goals.

Personal or Professional Plan

A personal or professional plan is ideal for EB2 NIW visa applicants who do not have a company as part of their application strategy. This plan focuses on showcasing the exceptional ability of an applicant, as well as the national interest and benefits of their proposed endeavor in their industry or field of practice.

This plan includes the applicant’s professional background, qualifications, and experience. It also highlights their research, publications, awards, or other achievements that showcase their exceptional ability in the arts, science, or business. The plan also demonstrates how the applicant’s proposed endeavor will benefit the US economy, culture, or other aspects of national interest.

Company or Business Plan

A company or business plan is recommended when the applicant plans to establish a company as part of their proposed endeavor.

This type of plan includes information regarding the business and highlights job creation and financial projections for the next five years.

This plan typically includes an executive summary, company description, industry analysis, marketing and sales strategies, financial projections, management and personnel, and supporting documents. It can also include market research and competitive analysis that demonstrate the company’s unique value proposition.

In both cases, the business plan should showcase the national interest strategy and the overall benefit to the US.

Tips for Writing an Effective Business Plan for the EB2 NIW Application

Writing a well-crafted business plan is crucial for an EB2 NIW visa application. Here are some tips to keep in mind when creating a plan:

• Conduct thorough industry and market research: To demonstrate the national interest strategy and the importance of the particular field for the US, it is essential to conduct thorough research on the industry and market. This research should include current trends, market size, and competition.
• Highlight the unique value proposition of the proposed endeavor: The business plan should showcase how the proposed endeavor is unique and will bring value to the US economy, culture, or other aspects of national interest.
• Include detailed financial projections: The business plan should include financial projections that demonstrate the viability of the proposed endeavor. These projections should cover a period of at least five years and should include revenue and expense projections.
• Demonstrate the applicant’s qualifications and experience: The business plan should showcase the applicant’s exceptional ability, advanced degree, or experience in the arts, science, or business. It should include relevant education, work experience, and achievements.
• Emphasize the overall benefit of the proposed endeavor for the US: The business plan should clearly demonstrate the overall benefit of the proposed endeavor for the US. This benefit could be economic, cultural, or other aspects of national interest.

Why Joorney is the Right Choice for EB2 NIW Applicants

At Joorney, we specialize in writing business plans for EB2 NIW visa applicants. We understand the importance of a well-crafted business plan that showcases the national interest strategy, the exceptional ability of the applicant, and overall benefit to the US.

Here are the top reasons why Joorney Business Plans is the right choice for EB2 NIW visa applicants:

• Expertise in writing business plans for EB2 NIW visa applicants: We have written over 3,000 business plans yearly for this visa type and have worked with over 1,000 lawyers on these projects. This high volume of completed plans has given us vast expertise in the specific requirements of EB2 NIW visa applications.
• Customized plans tailored to your specific situation and goals: We understand that every applicant’s situation and goals are unique. Therefore, we work closely with each client to create a customized plan that tells their story and maximizes their chances of success.
• Experience in various industries and fields: Our team of writers has experience in various industries and fields, from IT & Software to the arts. This breadth of experience allows us to craft plans specific to each applicant’s industry and field of practice.
• Attention to detail and accuracy: We understand the importance of accuracy and attention to detail in business plans for EB2 NIW visa applications. Our team of writers and editors thoroughly reviews each plan to ensure that it meets the specific requirements of the application process.

The Bottom Line

A well-written business plan can make all the difference when it comes to an EB2 NIW visa application. It can showcase the national interest strategy, demonstrate the exceptional ability of the applicant, and highlight the overall benefit to the US.

Our team of international, multilingual consultants at Joorney understands the importance of crafting a high-quality business plan that meets the specific requirements of the EB2 NIW visa application process. We want to help you tell your story and showcase your potential so that you can take the next step toward achieving your goals.

If you’re interested in learning more about how we partner with immigration attorneys or want to get started on your EB-2 project, reach out to us today or visit the Joorney website to learn more!

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EB2-NIW Visa Business Plan

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Content – With the company:

• Business Description
• Industry Analysis
• Market Analysis
• Marketing Plan
• Personnel Plan
• Financial Projections (5 years)

Content – Without the company:

• Applicant’s Profile Description
• Scope of Business
• Applicant’s Contribution to the U.S.

With an EB-2 NIW immigration visa, you can apply for a National Interest Waiver (NIW). NIW grants you permanent residency without needing an employment offer from a US-based employee or a labor certificate.

Joorney is the most reliable business plan provider that provides dedicated support, and a first-class expert team of consultants and writers that will gladly be at your disposal throughout the business plan writing process.

We lead the industry with over 3,000 business plans per year. Our professionals are ready to create a high-quality, custom immigration business plan that may help you get your EB2-NIW visa approved.

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EB2-NIW Visa Business Plan Samples

Disclaimer Joorney Business Plans Canada Inc. is not a law firm nor an immigration consulting firm and all information provided in this document should not be considered as legal advice or any advice or recommendation on any immigration application program. All information provided in this document should be verified by a licensed or certified immigration professional before the reader can act on this information. As such, it is understood that Joorney Business Plans Canada Inc. shall not be liable for any loss or damage of whatever nature (direct, indirect, consequential, or other) whether arising in contract, tort, or otherwise, which may arise as a result of your use of (or inability to use) this document, or from your use of (or failure to use) the information on this document.

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• E2 Visa Business Plan

EB2-NIW Visa Business Plan Writers

Retain our eb2 niw visa business plan writers to position your business for residency..

As an entrepreneur tapping into the U.S. market can help fulfill your future business goals. The EB-2 visa provides individuals with an advanced degree, or exceptional ability, a pathway for permanent residency in the United States of America. Applicants must fall within one of the two aforementioned categories. Meanwhile if their employment, or business venture, would be of a national interest to the U.S., they may apply for the National Interest Waiver (NIW) .

What is the EB2-NIW visa?

The vision of the EB2 National Interest Waiver visa has changed since its inception, and broadened its scope. While originally it was strictly for a certain subset of business owners, now more industries are eligible than ever before. There are also several benefits to choosing this pathway for residency in the U.S. As a result, entrepreneurs can leverage their skills to spearhead growth for their business, which serves a key U.S. government goal. For example, the business may be engaged in cybersecurity, information technology, or another field.

What are the EB2-NIW Visa business plan requirements?

An EB2 NIW business plan is a core document for your venture should you choose the non-employment route. As changes in the EB2 NIW visa have enabled more entrepreneurs to apply, this means it is a more competitive process; therefore, a comprehensive EB2-NIW Visa Business Plan is required in order to improve your likelihood of success. Therefore, it is essential that you fulfill the requirements and position your business effectively.

Established companies can benefit from an EB2 NIW visa as well. A business plan solidifies your place in how your organization will serve the country in potentially a prime or subcontracting role with a government agency. Collaborating with a team of experienced business plan writers to assist applicants is a proven method to help maximize results.

What is the NIW EB2 processing time?

Initially, your NIW green card processing time will vary depending on the completion of form I-40, which takes approximately 2 to 3 weeks. From there, it can take 6 to 18 months for the USCIS to approve your EB2 National Interest Waiver application. However, applicants can also receive a Request for Evidence (RFE) from USCIS, to further expand on your application.  The agency typically responds back within 60 to 90 days on your RFE.

How can you help with my NIW EB2 business plan?

Our team of Immigration Business Plan Writers work with a variety of industries and businesses to deliver custom EB2 NIW Visa business plans for our clients. We understand the nuances of the NIW green card application processing times and how to position your venture effectively to the USCIS. Contact us today to get started.

A Comprehensive EB-2 NIW Business Plan Sample and Guide

Wondering how to self-petition for an EB-2 visa as a business owner? Crafting a robust EB2 NIW business plan is a critical step for entrepreneurs seeking to obtain a National Interest Waiver (NIW) and secure permanent residency in the United States. The EB2 NIW visa allows individuals with advanced degrees or exceptional abilities to bypass the labor certification process if their proposed endeavor is of national interest.

The Importance of an EB-2 NIW Business Plan

A well-crafted business plan for EB2 NIW is essential as it demonstrates the potential impact of your business on the U.S. economy and national interests. The USCIS evaluates the viability and significance of the proposed endeavor, making it crucial to present a comprehensive and compelling business plan for EB2 NIW. Examples of EB2 NIW approved petitions often include meticulously detailed business plans that highlight the national interest aspects of the endeavor.

What to Include in an EB-2 NIW Business Plan

• Executive Summary

The executive summary should succinctly present the core elements of your business and its significance to national interests. Reviewing an EB2 NIW business plan sample can provide insight into how to effectively structure this section.

• Applicant’s Background

Detailing your qualifications and experience is vital. This section should align with the EB2 NIW requirements USCIS sets forth, demonstrating your capability to execute the proposed endeavor.

• Business Analysis

A thorough business analysis should outline your business model, including operations, management, and growth strategies . Use EB2 national interest waiver examples to understand the level of detail required.

• Market Analysis

Conduct a market analysis to showcase the demand for your business and its potential impact on the U.S. market. Analyzing EB2 NIW examples can help you identify key elements to include.

• Social and Economic Impact

Articulate how your business will benefit the U.S. socially and economically. This section is crucial for illustrating the national interest waiver aspect of your petition. Refer to NIW proposed endeavor example for guidance.

• National Interest Waiver

Clearly explain why your business qualifies for a national interest waiver. This should be supported by a proposed endeavor statement sample and other relevant EB2 NIW documents.

Create a Visa Business Plan That Stands Out

Writing a compelling EB2 NIW plan requires a lot of time, energy, and resources. However, it’s worthwhile to convince US immigration to waive the lengthy labor certification process and grant you immediate NIW approval. The professional plan EB2-NIW example demonstrates how detailed and persuasive your document should be.

To help you draft the plan, seek expert legal advice from services like BSBCON , specializing in the EB2 NIW process. We can help you tailor your document to the USCIS guidelines and prove you meet the requirements. Reviewing a sample EB2 NIW petition or national interest waiver petition letter sample can also provide valuable insights.

Get in touch with us to see how we could streamline your EB-2 NIW process. Our expertise in immigration business plans ensures that your EB2 NIW business plan stands out, increasing your chances of approval.

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• May 3, 2021

EB-2 NIW Professional Plan. What is it?

Updated: Aug 7, 2023

This post is part of ProfVal’s series on the EB class of visas .

In this post:

A brief review of the EB-2 NIW visa and the core elements of Dhanasar (2016)

Content that is commonly included within an EB-2 NIW Professional Plan

The USCIS will commonly request an EB-2 NIW Professional Plan and/or EB-2 NIW Expert Opinion Letters within an RFE

A professional plan is more than a personal statement

Reminders of the various supporting documents that may be included in an EB-2 NIW petition

ProfVal provides professional plans & business plans

An overview of the EB-2 NIW

The Employment-Based, second preference visa (EB-2) is a permanent visa category available for certain persons who have earned an advanced degree or qualify as individuals of exceptional ability ( read more about the EB-2 visa ). An individual can either be sponsored by an employer who completes a Labor Certification Application (LCA) or can self-sponsor, which is where the EB-2 becomes more interesting.

Self-sponsorship provides highly capable individuals the option to apply for a green card without the encumbrance of being bound to a particular employer. It can thus be especially appealing for entrepreneurs, small business owners, managers, medical professionals, consultants, and other experienced professionals. Self-sponsorship, however, adds additional challenges to the petition.

Here is why.

Self-sponsoring through the EB-2 NIW

To self-sponsor, a petitioner must do so based on the USCIS’s acceptance of the claim that the approval of their visa aligns to the national interests of the United States America and is therefore deserving of a National Interest Waiver (NIW), thus leading to the EB-2 NIW sub-category.

When a petitioner’s endeavor will demonstrably benefit the United States, the approval of their petition aligns to the stated bipartisan intent of the 1990 Immigration Act that created the EB-2 NIW and other visas. The intent of the Act was simple; it was and remains to strengthen the United States via the contributions of immigrant workers.

In assessing a petitioner’s EB-2 NIW case, the USCIS will often request in an RFE a variety of documents including support letters , proof of EB-2 credentials, expert opinion letters related to EB-2 NIW criteria , and a petitioner’s professional plan.

What types of things are often included within an EB-2 NIW professional plan?

General Content within an EB-2 NIW Professional Plan

As a reminder, your immigration attorney should review all of your documents and may advocate a different approach. The customized approach developed by ProfVal and upon which this paper references is based on our significant experience with this category and our interpretation of the prongs of Dhanasar 2016, an important legal precedent for the EB-2 NIW.

An EB-2 NIW professional plan from Profval is a 10-15 page document that formalizes how his or her endeavor meets the criteria for the EB-2 NIW. Thus, this plan is more than just a "personal statement". Accordingly, an EB-2 NIW professional plan should be specific to your endeavor and may include the following sections:

Executive Summary : an overview of the endeavor, the petitioner’s credentials that position him/her to succeed in the endeavor, and a brief explanation demonstrating why the U.S. will benefit from the endeavor in areas related to Dhanasar (2016).

An in-depth discussion of the endeavor: USCIS may issue an EB-2 NIW RFE if it is unclear to the USCIS agent what the petitioner intends to do. This provides a discussion of the endeavor and also focuses on the prongs of Dhanasar (2016). When written by ProfVal, it cites relevant sources that may be referenced by the USCIS.

Detailed credentials discussion : after describing the endeavor, this section includes an in-depth discussion of the petitioner’s credentials related to the EB-2 categories of exceptional ability or advanced degree. The team at ProfVal.com believe that it is not just important to mention credentials, but also to explain in understandable terms why the petitioner's credentials position him or her to succeed in the endeavor.

For exceptional ability, these include:

U.S. equivalent of a University Degree

10+ years of work experience with a reference to support letters

Certifications and licensure, which may include a U.S. equivalence evaluation

A salary discussion based on regional salary standards as per US government data

Memberships in professional associations

Recognition by peers based on support letters

Other evidence. For many clients, this may relate to EB-1 criteria such as scholarly publications, published material about the petitioner’s work, contributions within their field, or judging the work of others.

NIW Discussion: As per Dhanasar (2016), one can qualify for the EB-2 NIW visa if they demonstrate that: 1) their endeavor has substantial merit and national importance, 2) they are well-positioned to succeed in the endeavor, and 3) that the United States would benefit by waiving the requirement of a job offer and thus waiving the labor certification requirement. Depending on a petitioner’s endeavor, the composition of these sections may vary.

Certain key factors may be important and can include: a customized, in-depth, and relevant discussion of the industries related to the endeavor based on trends and other forces that affect the United States; discussions of areas of potential impact (economic, cultural, jobs, health, government focus areas); and other areas that demonstrate that the endeavor meets the prongs of Dhanasar (2016).

A conclusion that highlights some of the core elements of the plan.

This approach is consistent with and developed based upon successful petitions seen by ProfVal’s team. The approach does not, of course, provide a guarantee of acceptance of an individual’s petition. This professional plan does not in anyway constitute legal advice. If you are working on your EB-2 NIW professional plan, we hope that this document was of value to you.

Other pages you may find interesting:

Immigration Business Plans: A roadmap for success

Unicorns, the American Dream, and the EB Visa Category

Self-Sponsored Green Card Visas for Persons of Exceptional Ability; Promoting Benefits for the U.S.

Nobel Laureates, Pulitzer Prize Winners, & Melania Trump: The EB-1 Visa

Learn about the impact of immigrants

Social Responsibility in business & ProfVal's approach

Nothing posted here or anywhere on ProfVal.com is legal advice. ProfVal, LLC offers services to support EB-1 and EB-2 NIW petitions, which include: Professional Plans & Business Plans , EB-1 Expert Opinion Letters , EB-2 NIW Expert Opinion Letter s, and academic transcript equivalence evaluations (3rd party service).

ProfVal.com is the purpose-driven, professor-founded, and ethically grounded Expert Opinion Letter (EOL) leader. An architecture of research supports your EOL.

ProfVal.com and H1Bexpert.com recognize the contributions made by immigrants and routinely share content to help them learn more about the visa process. ProfVal is dedicated to helping companies and nonprofits through its services and to producing social impact. ProfVal is a proud member of Pledge 1% and has committed to donating no less than 3% of profits to charities and nonprofits dedicated to promoting social welfare and education (learn more at profval.org).

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• Jan 17, 2023

Successful Proposed Endeavors for EB-2 NIW Green Card Applications

Your EB-2 National Interest Waiver (NIW) application must come with a detailed "proposed endeavor." The proposed endeavor is your plan for what you will do in the US on the Green Card. The proposed endeavor must be in the national interest of the US. In other words, your proposed endeavor must have "substantial merit" and "national importance." Successful proposed endeavors generally have the potential to positively impact the US in one or more ways, whether it is through the creation of jobs, making advancements in technology, cultural exchange, etc.

In order to better illustrate what a successful proposed endeavor looks like, I have reviewed some of the most important cases from the Administrative Appeals Office (AAO) discussing proposed endeavors of NIW applicants. Below you will find a brief description of some proposed endeavors and the reason that the AAO approved or denied the case.

Some examples of successful proposed endeavors from past cases in the AAO include:

A Korean computer scientist coming to the US to conduct research relating to system software and its implementation into commercial software products. The application included proof of the economic benefits of developing the particular wireless sensing systems systems he was working with, the projected growth in that particular technology industry and other digital markets, the business benefits attributable to wireless transactions, the expansion of software applications that he specialized in, and information about mobile device security and the Internet of Things. This applicant had many years of experience in the field and several academic papers with citations.

A consultant from the UK coming to the US to work as a self-employed consultant for various non-profit and governmental groups to improve U.S. veterans' services and wounded warrior care. This applicant has several years of experience in a similar position working with veterans in the UK.

A chemical engineer coming to the US to develop clean energy solutions that will improve the economy of the United States on a national level by saving money for power producers, allowing for environmentally responsible use of the US's coal and existing fossil-fuel based infrastructure, and by reducing greenhouse gasses. This applicant had extensive experience in the field working on high profile clean energy projects that received government funding and support.

A software engineer coming to the US to develop software for plant science research that provides users with supercomputing capabilities. This applicant had many past successes building useful software tools for other research communities.

An entrepreneur who had developed a natural pesticide-free protectant for citrus trees coming to the US to further develop his business and provide his product to protect citrus trees in Florida at a time when they were suffering from a blight of Huanglongbing (HLB). The petition included extensive documentation of the positive economic impact that the applicant's product would have on the economies in citrus-growing states.

A biostatistician coming to the US to continue HIV/AIDS research. This applicant had many citations, and a record of success in the field prior to applying.

A software developer/entrepreneur coming to the US to further develop and implement a CBS-DMB communications system that he developed for the Korean market, with a particular focus on using this technology as an emergency notification system for the public.

Some examples of unsuccessful proposed endeavors that were denied by the AAO include:

An educator focusing on bodyboarding and environmental education who sought to establish a series of bodyboarding schools in the US to teach people about the sport and the importance of protecting the oceans. While the AAO agreed that his proposed endeavor had substantial merit, they did not agree that it had national importance because the national benefit of his proposed endeavor did not extend beyond the schools and the schools' participants or have the potential to make a substantial positive economic impact in the US.

An aerospace engineer coming to the US to start an engineering simulation business to support launch vehicles and payload engineering. While the AAO determined that his proposed endeavor had substantial merit, it did not have national importance because the applicant did not demonstrate how his proposed endeavor has sufficient implications beyond his company and his potential customers. In other words, he did not demonstrate how his proposed endeavor affected the defense and aerospace industries or that his work offered original innovations in the aerospace industry and engineering simulation field.

A research and development engineer coming to the US to work in the engineering consulting field to " diagnose industry challenges. propose solutions in the form of mathematical models and simulations. and to develop physics based algorithms and software solutions ." The applicant explained that his work would offer improvements in technology, industry, manufacturing, transportation, and energy, but the AAO determined that he did not provide enough proof to substantiate those claims and that there was no supporting evidence that his work would have implications beyond his employer and clients at a level sufficient to establish the national importance of his endeavor.

An attorney coming to the US to provide pro bono and reduced rate legal service to low-income communities. While the AAO agreed that this proposed endeavor has substantial merit, they did not agree that her proposed endeavor has national importance. The applicant failed to demonstrate how her work would affect the US in a positive way beyond the benefits to her individual clients.

A supply chain analyst coming to the US to manage transportation route planning for organic food products. While the AAO agreed that her proposed endeavor had substantial merit, they did not agree that it had national importance because the work did not have " implications beyond her company and its customers at a level sufficient to establish the national importance of her endeavor. For example, the record does not show that the specific work she proposes to undertake offers original innovations that advance the industry, or otherwise has broader implications in the supply chain management field ."

A high school math teacher coming to the US to teach math and other STEM subjects to minority and underprivileged children. While this teacher had a national reputation as a successful teacher and the AAO agreed that his proposed endeavor had substantial merit, they did not agree that it had national importance. This is because the applicant failed to demonstrate how his proposed endeavor would impact the US more broadly than the individual students in his classroom and the school district he is teaching in.

After reviewing these AAO cases, it is clear that many NIW applicants are able to satisfy the "substantial merit" prong of the test, but have trouble proving that their proposed endeavor has "national importance." In other words, they fail to show that their proposed endeavors have the potential to positively impact the US more broadly beyond just the company that the individual plans to work for or the customers/clients they plan to serve. It is important that each proposed endeavor has the ability to positively affect an industry, the economy, a significant population in the US, or another facet of the US as a country. It is extremely important to consider the prospective impact of your work when defining your proposed endeavor and applying for an NIW.

This particular article focuses specifically on the substantial merit and national importance of a proposed endeavor. However, there are many other requirements that must be met in a successful EB-2 NIW case, such as proving the possession of an advanced degree or exceptional ability, demonstrating that you are well-positioned to advance your proposed endeavor, and that the United States should waive the requirements of a job offer and labor certification.

If you are interested in applying for an EB-2 NIW...

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Disclaimer: This post is attorney advertising. It is meant as general information only, and is not legal advice, nor does it create an attorney-client relationship. We suggest you set up a consultation with us before acting on anything you read here. Past results do not guarantee future outcomes; every case is unique and must be analyzed individually.

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Employment-Based Immigration: Second Preference EB-2

You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a person who has exceptional ability. Below are the occupational categories and requirements:

• Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
• Letters from current or former employers documenting at least 10 years of full-time experience in your occupation
• A license to practice your profession or certification for your profession or occupation
• Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
• Membership in a professional association(s)
• Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
• Other comparable evidence of eligibility is also acceptable.

Labor Certification and Ability to Pay. Employment-based, second-preference petitions must usually be accompanied by a certified Application for Permanent Employment Certification from the Department of Labor (DOL) on ETA Form 9089, however, DOL provides for a blanket (Schedule A) certification in certain situations. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of the priority date and continuing until you obtain lawful permanent residence status. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage. Finally, you may request a waiver of this requirement in the national interest through the petition filed with USCIS. Because the national interest waiver waives the job offer, you do not need to demonstrate an employer’s ability to pay a wage.

** Factors USCIS Considers for National Interest Waiver

• The proposed endeavor has both substantial merit and national importance.
• You are well positioned to advance the proposed endeavor.
• On balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.

For more guidance on these factors in general and how USCIS considers them for those pursuing endeavors in STEM and entrepreneurs, read our policy in section D of USCIS Policy Manual, Volume 6, Part F, Chapter 5, Advanced Degree or Exceptional Ability .

For more information on filing fees, see the  Filing Fees  page.

Family of EB-2 Visa Holders

If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status, respectively.

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• USCIS Policy Manual, Volume 6, Part F, Chapter 5, Advanced Degree or Exceptional Ability
• Health Care Worker Certification
• Laws, Regulations, and Guides Title 8, Code of Federal Regulations (8 CFR)
• Business Immigration USCIS Press Releases

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• Location: Moscow Oblast, Russia
• Latitude: 55.79. Longitude: 38.46
• Population: 144,000

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Coordinates of elektrostal in degrees and decimal minutes, utm coordinates of elektrostal, geographic coordinate systems.

WGS 84 coordinate reference system is the latest revision of the World Geodetic System, which is used in mapping and navigation, including GPS satellite navigation system (the Global Positioning System).

Geographic coordinates (latitude and longitude) define a position on the Earth’s surface. Coordinates are angular units. The canonical form of latitude and longitude representation uses degrees (°), minutes (′), and seconds (″). GPS systems widely use coordinates in degrees and decimal minutes, or in decimal degrees.

Latitude varies from −90° to 90°. The latitude of the Equator is 0°; the latitude of the South Pole is −90°; the latitude of the North Pole is 90°. Positive latitude values correspond to the geographic locations north of the Equator (abbrev. N). Negative latitude values correspond to the geographic locations south of the Equator (abbrev. S).

Longitude is counted from the prime meridian ( IERS Reference Meridian for WGS 84) and varies from −180° to 180°. Positive longitude values correspond to the geographic locations east of the prime meridian (abbrev. E). Negative longitude values correspond to the geographic locations west of the prime meridian (abbrev. W).

UTM or Universal Transverse Mercator coordinate system divides the Earth’s surface into 60 longitudinal zones. The coordinates of a location within each zone are defined as a planar coordinate pair related to the intersection of the equator and the zone’s central meridian, and measured in meters.

Elevation above sea level is a measure of a geographic location’s height. We are using the global digital elevation model GTOPO30 .

Elektrostal , Moscow Oblast, Russia