What Makes a Strong EB-2 NIW Case for an Entrepreneur?

I have had a large number of consultations recently in which clients ask about their eligibility for the EB-2 NIW program based on an endeavor to create U.S. jobs. In some cases, prospective clients report that other attorneys have encouraged them to file an NIW petition after simply setting up a business entity and drafting a business plan.

Unfortunately, it is not that simple. While NIW cases based on the national interest of job creation can be viable, they must be carefully and strategically crafted. To build a Strong EB-2 NIW Case, you must provide more than just intent; you need a comprehensive evidentiary profile.

The Evidence Required for a Strong EB-2 NIW Case

USCIS has confirmed that a business entity and business plan alone are generally not sufficient to support an NIW petition. In a USCIS policy document issued in January 2025, the agency made clear that a business plan and mere intent to create jobs is not enough.

Instead, a Strong EB-2 NIW Case for an entrepreneur is one in which the proposed endeavor offers “substantial positive economic effects,” including a “significant potential to employ U.S. workers,” particularly in economically depressed areas. This guidance is consistent with Dhanasar.

Neither the USCIS Policy Manual nor Matter of Dhanasar explains exactly how many jobs must be created or precisely how these economic effects are measured. However, both provide important guidance on how to structure and support a successful petition.

Prong 1: Endeavor has Substantial Merit and National Importance

To build a viable NIW case for an entrepreneur, the evidence should address the first Dhanasar prong by focusing on the following elements:

• Public Recognition: Significant media attention focused on the petitioner or the business.
• Official Validation: Awards, grants, or letters of support from government agencies.
• Third-Party Backing: Letters from industry actors such as investors or venture capital firms.
• Proven Growth: Evidence of revenue generation and business growth.
• Economic Impact: Job creation evidence showing a significant potential to employ U.S. workers at a level that is meaningful in light of the population. An Economist report is extremely important and should be supported by clear assumptions and data.
• Knowledge Sharing: Dissemination of results through conferences, patents, or licensing agreements.

Prong 2: Applicant is Well Positioned to Advance the Endeavor

The second requirement for a Strong EB-2 NIW Case involves proving the applicant’s personal track record:

• Critical Leadership: Ownership of, and a critical role in, a U.S. business entity.
• Professional Credentials: Degrees, certifications, and letters describing professional experience.
• Financial Commitment: Evidence of personal financial investment in the company.
• Strategic Support: Participation in incubators, accelerator programs, or receipt of government grants.
• Intellectual Capital: Intellectual property owned by the applicant or the business.
• Demonstrated Success: A track record of success or influence in the field, which is a key factor that adjudicators emphasize.

Prong 3: On Balance, the Waiver Benefits the United States

Finally, entrepreneurs must argue that waiving the job offer and labor certification requirements is appropriate. Entrepreneurs are typically self-employed and often cannot realistically pursue permanent residence through the labor certification process.

Matter of Dhanasar explicitly recognizes that entrepreneurial work can support an NIW petition. The decision also makes clear that a proposed venture does not need to ultimately succeed, so long as the applicant can demonstrate that it is more likely than not that the endeavor will succeed.

Case Study: NIW Entrepreneur Approval Without an RFE

Here is an example of a case that Scott Legal, P.C. worked on that was approved without an RFE. This case study illustrates what a Strong EB-2 NIW Case looks like in practice.

• Timeline: Filed February 20, 2025 – Approved March 20, 2025.
• The Applicant: A Canadian national and entrepreneur who established a chain of restaurants and service businesses while in E-2 status. Although he did not hold a degree, he qualified via exceptional ability.
• The Endeavor: Opening additional businesses aimed at urban revitalization and downtown redevelopment. The primary national interest argument focused on job creation.
• Evidentiary Strategy: Substantial merit was demonstrated through a comprehensive economic report projecting revenue growth from $5 million in year one to $20 million and 195 employees by year five. The petition emphasized that job creation would occur in economically distressed areas and contribute to urban revitalization. Letters from high-level local officials, including a state representative, senator, and mayor, supported the projected positive economic impact.
• Track Record: The applicant was well positioned to advance the endeavor, as evidenced by tax returns and W-2 forms showing that his businesses generated more than $5 million in revenue and employed over 100 workers in the most recent tax year. Additional letters from local leaders highlighted the applicant’s achievements and positive impact on the community, along with evidence of investment in the business entities.

This case was approved without a Request for Evidence. As this example demonstrates, a successful NIW entrepreneur case is far more than simply forming a business entity and submitting a business plan.

Take the Next Step Toward Your U.S. Residency

Navigating the complexities of U.S. immigration requires a tailored strategy that aligns with your professional background and financial goals. Whether you are ready to move forward with a specific pathway or are still weighing your options, our firm is here to provide the expert guidance you need.

You can schedule a consultation with our legal team to discuss your eligibility, sign up for our upcoming free immigration webinars or download our free immigration guides for an in-depth look at these programs. Additionally, we invite you to browse our extensive library of EB-2 NIW articles.