EB2 NIW Entrepreneur Update
Last year, we at Buda Law Group released an article clarifying how entrepreneurs can not only qualify for green cards under the EB2 NIW (National Interest Waiver) petition category, but rather can become supreme candidates for National Interest Waivers due to the unique and profound benefits they and their companies pose to the national economy – through the stimulation of foreign and domestic investment, the creation of jobs, and the impactful innovation resulting from their innate and founding leadership abilities. The policy and operational initiatives backed by the Director of the USCIS have received continual support and encouragement from an array of governmental agencies, and have retained the assertion that attracting entrepreneurs is a definite and optimum strategy for growing the national economy and maintaining the United States’ competitive-edge over foreign counterparts.
Since we began our commitment to joining the USCIS’ quest for high-impact entrepreneurs who pose substantial benefits to the United States, we have received a significant influx of entrepreneurial clients. As we at Buda Law Group are grounded in providing customized petition strategies for each client, our mission is to provide specifically-tailored packages to each entrepreneurial client has insofar been a major success. One of our most recent approvals involved a tech entrepreneur who established solar farms throughout Southern California – a vital and emerging area of the global and national economies as well as the energy field nationally.
While emerging market entrepreneurs are not the sole focus or base of our entrepreneurial clientele, there are clear-cut lessons and takeaways that can be derived from the success of these entrepreneurs. First and foremost, the USCIS values – above all – objective evidence. Whether that is in the form of citations to publications for prominent researchers, record sales and magazine features for artists and musicians, or gross revenues and job creation statistics for entrepreneurs, the USCIS and Administrative Appeals Office (AAO) have consistently and mutually held that corroborating evidence of one’s past influence in the form of unbiased, numerical evidence is paramount to petition approval. That being said, the unavailability of this type of evidence does not bar one from petition approval; it simply makes the cumulative and creative packaging of one’s evidentiary and qualitative credentials more critical. Regardless of petition category, the Immigration Officer must review the totality of evidence submitted and determine whether the overall pattern of evidence justifies petition approval.
At Buda Law Group, we take pride in only submitting petitions which we feel are strong cases for approval, and it has become apparent, now more than ever, that we along with the USCIS, agree that there are few more qualified candidates for National Interest Waivers than those entrepreneurs who can deliver dual-benefits to the national interest via (1) the products/services they provide and revolutionize; and (2) the substantial impact to the national economy through job creation and investment stimuli. Ultimately, we welcome all case inquiries and truly enjoy providing case evaluations for experts from all around the world. The USCIS has finally started to recognize that foreign entrepreneurs are vitally important to the success of the US economy. If you have a master’s degree (or a BA with several years of experience) and you own your own company, please give us a call today for a free consultation.
John B. Buda, Esq.
1201 W. Huntington Dr. Suite 209
Arcadia, CA 91007