EB2 NIW For Entrepreneurs
In the last entrepreneur blog, there was a discussion that touched on why entrepreneurs from foreign nations immigrating to the United States was good for the economy. In this blog the focus will be more specific – National Interest Waiver (NIW) under the employment based second preference category. Recently, the UCSIC announced an effort to increase the number of entrepreneurs in the country using the NIW program. Under the NIW program, an applicant must hold an advanced degree or have extraordinary abilities, and isn’t required to have a job offer from a qualified U.S. employer, which is the golden ticket for foreign entrepreneurs. Under this new NIW program, the requirement of a permanent job offer and labor certification becomes waived if the Secretary of Homeland Security deems that the individual is of national interest or importance.
There is a fairly simple test that was adopted from a New York court decision in regards to a National Interest Waiver. The first prong being that the immigrant must seek employment in an area of substantial intrinsic merit; The second prong being that the benefit of the immigrant be national in scope; With the third prong being that the national interest of the country would be adversely affected if a labor certification were to be required.
Entrepreneurs should focus on the boost that their proposed business or innovation would provide for the economy rather than a list of their own impressive qualifications. Furthermore, entrepreneurs should delve on potential job creation that would exist if their company or innovation were to take off. Finally, in order to satisfy the requirements of the NIW program, the applicant must be able to demonstrate national interest, which is by far the most challenging to accomplish. Entrepreneurs can exhibit their previous achievements by demonstrating a successful track record as entrepreneurs in their own countries. Entrepreneurs around the world have been given an opportunity to let their ideas and business-driven minds roam free. The United States is easily the world’s best venue and platform for businesses to thrive and for industry changing innovation to flourish. Entrepreneurs, let Buda Law Group help your dreams become a living reality. Please reach out to us to find out more or get a competitive quote on our legal immigration services.
If any you have any questions, the team here at Buda Law Group will gladly answer them.
Thank You,
John B. Buda, Esq. www.budalawgroup.netoffice: 626-796-1422 john.buda@budalawgroup.net
