FAQ: EB2 NIW Entrepreneur Visa
Q: Do I need to show investment in a business like the EB-5 or E-2 visa?
A: No. There is no requirement by the USCIS to demonstrate a minimum investment in a business. However, the USCIS recommends that the petitioner demonstrate a successful history of entrepreneurial activity in their native country. Regardless, the Buda Law Group has had a 100% success rate with approvals for individuals that were just starting up a business here in the United States with no prior business experience or history before they immigrated; The caveat being that a business plan needs to be provided to show the required capital for the business to be feasible, let alone successful, and this is heavily scrutinized by the USCIS.
Q: Are independent letters of support required for my EB2 NIW petition?
A: The USCIS recommends including letters of support from both individuals that have personal knowledge of the petitioner and those that do not. Buda Law Group has a consistent practice of including both in every petition we file. Furthermore, if you are an individual that does not have any previous successful business experience from your home country, letters of support (both independent and not) will be heavily relied upon by the USCIS to establish character and ability to successfully start up a business in the United States. Buda Law Group generally includes 5 to 7 recommendation letters for its petitioners.
Q: What distinguishes a successful NIW from an unsuccessful NIW?
A: There is no specific line that distinguishes a successful NIW petition from an unsuccessful one. The petitioner has the burden of proof to provide sufficient evidence to show that he or she meets the requirements for a National Interest Waiver. However, the stronger letters of recommendation and attorney petition letter presented, the more your chances of approval improve.
Q: Does the business that I plan on starting up in the United States in regards to the NIW petition have to be of national interest in scope?
A: Absolutely. This is the major arguing point in the legal memorandum that will be included in your petition. The focus is to demonstrate that the national interest of the United States would be adversely affected but for this new business. Buda Law Group has had a myriad of different entrepreneurs from numerous fields that have all been successful with their petitions. The common factor being that their attorneys at Buda Law Group were able to successfully argue and demonstrate that the business would substantially improve the United States.
Q: What is a “Request for Additional Evidence”? Does it occur more frequently under the NIW Entrepreneur category as opposed to regular NIW applications?
A: Sometimes the USCIS is not convinced that the alien seeking an NIW has met the burden to prove that he/she qualifies for an NIW. In such cases they will typically submit a “Request for Additional Evidence” seeking certain forms of evidence that the USCIS finds lacking. Buda Law Group takes great pains to present a strong case so that it may be approved without a request for additional evidence. Nevertheless, there is no way to predict how a particular USCIS officer reviewing a particular case will respond, and sometimes even the strongest of cases receive a “request for additional evidence”. Even in such situations, our cases are always approved after we prepare and submit the additional evidence that the USCIS has requested. The USCIS does not scrutinize NIW Entrepreneur category petitions any more than non-entrepreneur petitions. However, it is our opinion at Buda Law Group that an entrepreneur seeking to apply for the EB-2 category visa do so under this specific subsection of the visa, due to its rare nature and opportunity to provide documents that would normally not be included in a petition. For example, a well drafted business plan can truly demonstrate to the judicial officer the true nature of the business and how it demonstrates substantial intrinsic merit in the national interest of the United States.
John B. Buda, Esq.
1201 W. Huntington Dr. Suite 209
Arcadia, CA 91007