How to write an entrepreneurial proposal and provide supporting evidence for the EB-2 NIW

By Natalie McQuilkin The EB-2 National Interest Waiver (NIW) offers a unique path to permanent residency for individuals with an advanced degree or exceptional ability in the arts, sciences, or business. While other employment-based green cards require applicants to go through the lengthy labor certification process, the EB-2 NIW allows you to bypass this requirement as long as you can demonstrate that your work has substantial merit and national importance. In today's post, we will guide you through everything you need to know about the entrepreneurial proposal and how to provide supporting evidence for the EB-2 NIW application.

What is the entrepreneurship proposal?

To obtain approval for the EB-2 NIW, U.S. Citizenship and Immigration Services (USCIS) requires that you meet three key requirements, which are the following:

• Your entrepreneurial proposal has substantial merit and is of national importance to the US.
• You are well-positioned to advance your entrepreneurial proposal.
• It would be beneficial for the U.S. to exempt the job offer and labor certification requirement, since your work will provide benefits to the country.

The first point mentions the entrepreneurial proposal, which is a key element in the EB-2 NIW application. The entrepreneurial proposal is a brief one- or two-sentence statement describing your plan to perform meritorious work of national importance in the U.S. In the case Matter of Dhanasar, a judicial decision that established the criteria to obtain the National Interest Waiver, the Administrative Appeals Office (AAO) determined that:

“The first requirement, substantial merit and national importance, focuses on the specific proposal that the foreign national intends to carry out. The merit of the endeavor can be demonstrated in various areas such as business, entrepreneurship, science, technology, culture, health, or education.”

Furthermore, the AAO clarified that:

“Evidence that the proposal has the potential to generate a significant economic impact can be favorable, but it is not a mandatory requirement, since the merit of a venture can be established without an immediate or quantifiable economic impact.”

How do you write a startup proposal?

In the event Matter of Dhanasar, the applicant proposed “to advance research on hypersonic technology.” You can also explicitly express substantial merit and national importance in your statement, as in this example:

Dr. Ana Clemente plans to partner with U.S. universities, government agencies, and private sector leaders to develop and distribute her patented low-cost water filtration system. This entrepreneurial proposal aligns with U.S. interests in improving environmental sustainability and public health.

Given that the entrepreneurial proposal is a requirement to qualify for the EB-2 NIW, it is crucial that you have a clear plan of what you intend to do in the U.S. and that it has national merit and importance. It is also essential to use clear and concise language so that the adjudicator understands your future intentions.

The importance of providing supporting evidence for the EB-2 NIW

While your startup proposal can be summarized in a single statement, it generally must be supported by extensive documentation to meet the three requirements of the EB-2 NIW. The supporting evidence is not part of the proposal itself, but it strengthens your application. Depending on the case Matter of Dhanasar, to determine whether an applicant is well-positioned to advance their entrepreneurial proposal, USCIS considers factors such as:

• Education, skills, knowledge, and track record of success in similar endeavors.
• A model or plan for future activities.
• Progress made toward the execution of the proposal.
• Interest of customers, users, investors, or other relevant entities.

Likewise, USCIS will evaluate whether it is beneficial to waive the job offer requirement considering factors such as:

• Yes, due to the nature of the proposal or the applicant's qualifications, it would be impractical to obtain a job offer or labor certification.
• Yes, even assuming there are qualified U.S. workers available, the U.S. would still benefit from the applicant's contributions.
• If the national interest in the applicant's contributions is sufficiently urgent to warrant a waiver of the labor certification requirement.

Summarize your background and capabilities

To demonstrate that you are well-positioned to carry out your entrepreneurial proposal, you must highlight your previous experience and relevant achievements. Include key information such as:

• Your profession.
• Your education and academic training.
• Years of experience in your field.
• Your specialization within the industry.

To reinforce your credibility, mention publications, academic citations, recognition awards, case studies, and media coverage of your work. You can also include letters of support from experts, partnership agreements, and grant applications. For example, for Dr. Clemente, the statement might look like this:

Dr. Ana Clemente, a renowned environmental scientist, is seeking an EB-2 NIW to continue her work in developing water purification solutions in the US. She earned her Ph.D. in Environmental Engineering from the National University of Colombia in 2011 and has spent the last 14 years researching and implementing innovative solutions for water scarcity. In 2016, she created her patented low-cost water filtration system, which has been distributed in communities across Latin America, providing safe drinking water to over 300,000 people. Her research has been published in recognized scientific journals, and she has worked with the UN and WHO to implement her system globally.

This description establishes their academic degree, background, publications, and collaborations, which answers many of the questions USCIS might have about their profile.

Go into detail

In addition to demonstrating your ability to carry out your proposal, it is essential that you provide specific details about your plans in the U.S. You can include phases, milestones, or a project timeline, explaining how each step ties into the importance and national benefit. For example, Dr. Clemente could structure her plans like this:

In the first two years in the U.S., Dr. Clemente will establish a research laboratory in collaboration with universities such as MIT and Stanford to advance water purification technology. She will also apply for grants from federal agencies such as the Environmental Protection Agency (EPA) and will form a team of researchers, engineers, and public health experts to improve her filtration system.

Present facts and data

To demonstrate that your work will benefit the U.S., include data and studies supporting its importance. Assume that the adjudicator reviewing your case is unfamiliar with your field, so you must clearly explain the industry challenges and the relevance of your work. In Dr. Clemente's case, she could cite statistics on the lack of access to safe drinking water in the U.S., research on how her work aligns with national policies, and letters of support from experts.

Next steps

Although the EB-2 NIW allows for self-petitioning, it is not a simpler process than other employment-based immigration pathways. As you have seen, it is crucial to present strong and well-documented arguments to meet the requirements. In Eagan Immigration, we are committed to building persuasive arguments that highlight your expertise, establish your plans, and connect your work to the national interest. If you wish to apply for a EB-2 NIW to begin your future in the US, contact us at (202) 709-6439 or schedule a consultation here.