Startups
EB-2 NIW for Entrepreneurs: National Interest Without PERM
How the Dhanasar Three-Prong Test Applies to Startup Founders
You want a green card path that does not require an employer to run PERM recruitment — and your startup work may serve a broader national interest beyond a single job offer. The EB-2 National Interest Waiver allows self-petitioners to bypass labor certification if they meet the three-prong framework established in Matter of Dhanasar. For entrepreneurs, this means showing that your venture has substantial merit, national importance, and that you are well positioned to advance it — and that waiving the job offer and PERM requirements benefits the United States. Immigration Ascent, a division of Gillespie, Shields and Taylor, walks founders through the NIW analysis, evidence strategy, and what USCIS expects at each prong. We explain what the record supports and what it does not. We do not guarantee outcomes.
Who Qualifies for EB-2 NIW as an Entrepreneur
You may be eligible for EB-2 NIW if you can satisfy the Dhanasar three-prong test: A routine local business without broader impact is unlikely to meet the national importance standard. We assess the endeavor honestly before filing.
- **Prong 1 — Substantial merit and national importance:** Your proposed endeavor must have substantial intrinsic merit and national importance — such as advancing technology, healthcare, clean energy, education, or economic development with impact beyond a local market
- **Prong 2 — Well positioned to advance the endeavor:** You must demonstrate education, skills, track record, and a plan showing you are well positioned to advance the proposed work — funding, partnerships, patents, traction, and prior achievements may support this prong
- **Prong 3 — Balance of equities:** You must show that on balance, waiving the job offer and labor certification requirements would benefit the United States — factors include the urgency of the work, your unique qualifications, and whether PERM would be impractical for your entrepreneurial role
- **Advanced degree or exceptional ability:** EB-2 NIW still requires either an advanced degree (or bachelor's plus five years of progressive experience) or exceptional ability in the field
- **Self-petition allowed:** No employer sponsor or job offer is required — you file Form I-140 on your own behalf
The EB-2 NIW Process, Step by Step
- 01Evaluate the proposed endeavor against all three Dhanasar prongs
- 02Gather evidence — business plan, funding documentation, patents, partnerships, letters from experts, and traction metrics
- 03File Form I-140 with a detailed petition letter addressing each prong separately
- 04Respond to Requests for Evidence if USCIS questions national importance, positioning, or the balance of equities
- 05Upon I-140 approval, monitor visa bulletin priority dates — EB-2 backlogs affect some countries
- 06File Form I-485 (adjustment of status) or pursue consular immigrant visa processing when a visa number is available
- 07Complete medical exam, biometrics, and interview for permanent residence
How Long Does EB-2 NIW Take?
Evidence development and business plan preparation often take months before filing. Once the I-140 is submitted, processing times vary by service center and whether premium processing is used. As of current USCIS data, many I-140 petitions are adjudicated within several months, though NIW cases frequently receive RFEs that extend timelines. Visa bulletin wait times for EB-2 vary significantly by country of birth — beneficiaries from backlogged countries may wait years after I-140 approval. We check live processing times and bulletin data rather than quoting one fixed duration.
What We Handle
- EB-2 NIW eligibility assessment for entrepreneurs and founders
- Dhanasar three-prong analysis and evidence strategy
- Business plan and expert letter coordination
- Form I-140 self-petition filing
- RFE responses and coordination with adjustment of status or consular processing
Frequently Asked Questions
Evaluate EB-2 NIW for Your Case
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