Understanding How an EB2 NIW Business Plan Creates an Entrepreneur Pathway to the United States
The Entrepreneur Pathway options to the United States are currently limited due to the pandemic. There are certain options that are still being processed and accepted at this time, especially if they are of significant benefit to the country. One such option is the Employment-Based Immigration: Second Preference (EB2). If you want to apply for this option under a National Interest Waiver (NIW), an EB2 NIW Business Plan can improve your chances of case success. Employment-Based Immigration: Second Preference (EB2) The EB2 option is available for members of professions that hold advanced degrees – or their equivalents - or have exceptional ability. Typically, under this option, your petition must be sponsored by an employer who is making a job offer to you but, there is an exception.
National Interest Waiver (NIW) The exception to the employment-sponsorship is called the national interest waiver, or NIW. In the case of the NIW, you are essentially requesting that the Labor Certification – meaning you don’t have a job offer - be waived because it is in the interest of the United States. In order to qualify, you must meet certain criteria. EB2 NIW Business Plan When applying for an NIW under the EB2, you need to outline what your endeavor in the United States will be. This can be a business or entrepreneurial pursuit, under an existing US employer or yourself. Although it is difficult to get an EB2 NIW approved, it can happen. The EB2 NIW Business Plan is one of the best formats to address all the criteria of this entrepreneur pathway. The criteria are: ·
The proposed endeavor has both substantial merit and national importance – Even if your “endeavor” is not a business, an EB2 NIW Business Plan can still be the best way to organize and present your role and contribution to an existing business, or project in conjunction with an existing business. The EB2 NIW business plan allows you to showcase the details of this option as an entrepreneur pathway. You can outline expected financial outcomes, as well as scientific or technical contributions and advancements.
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You are well positioned to advance the proposed endeavor - Within the EB2 NIW business plan, there is a specific section as well as other opportunities to present the education, experience, and other background that qualify you to be successful in your proposed endeavor. If you cannot successfully execute the plan, then the benefit to the United States will not be recognized.
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It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification – This wraps up the two points above and again, it is easy to make this case in an EB2 NIW business plan. You will further explain throughout the entrepreneur pathway business plan how, without a job offer, you will still be immediately contributing to the United States.
Although the EB2 NIW business plan may not always be required to apply for this particular immigration option, it can help solidify this option as an Entrepreneur Pathway. It allows you to demonstrate you meet the requirements of the NIW and that you are, in fact, capable of creating benefit to the country without having a traditional job offer at an existing company.