National Interest Waiver (NIW) for Entrepreneurs under Dhanasar

The December 2016 AAO decision Matter of Dhanasar clarified that the endeavor’s substantial merit may be shown in a variety of fields, including in business, entrepreneurialism, science, technology, health, culture or education.

The question then becomes what is acceptable documentation to prove substantial merit for entrepreneurialism under the National Interest Waiver?

Substantial Merit:

A comprehensive Business Plan detailing how the technology or service provided by the entrepreneur’s company is likely to generate substantial interest and/or impact a substantial need of the nation or industry.

Letters from clients and potential clients saying they have work with the entrepreneur previously and would be interested in purchasing from this new venture.

National Importance:

National Importance must be substantial.

Do not argue economic benefit of a start-up as being nationally important.

Instead, argue that the technology or service provided by the entrepreneur’s company is likely to generate substantial interest and/or impact a substantial need of the nation or industry.

Well positioned to advance the proposed endeavor:

Previous research and work must be related to the proposed endeavor of the company. Must provide letters showing interest from the industry (potential customers, users, investors, other relevant entities).

Entrepreneur must be able to clearly show how their past accomplishments are directly related to their proposed endeavors of their company.

Must provide an abundance of documentation on the Entrepreneurs background and how his/her past accomplishments are directly related to their proposed endeavors of their company.

A recent AAO decision shed light on what USCIS wants to see for NIW Entrepreneur petitions:

Matter of G-P-C-F-K, March 8, 2018

If you would like a free evaluation in order to determine your chances in obtaining a National Interest Waiver EB-2 Approval, please send us your resume and google scholar citation link by completing the form below:

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