EB-2 NIW for founders & entrepreneurs
The National Interest Waiver is one of the few green cards a startup founder can file for themselves — no employer, no labor certification. But a venture doesn't qualify because it exists; it qualifies when you can map it to the three Dhanasar prongs and back each one with evidence. Here's how founders do that.
First, the EB-2 baseline
Before the waiver, you must qualify for EB-2 itself — either an advanced degree (a U.S. master's or higher, or a bachelor's plus five years of progressive experience) or exceptional ability in the sciences, arts, or business. Many founders qualify through the degree route; others through a documented record of exceptional ability. The waiver then removes the job offer and PERM labor certification — which is what makes a founder's self-petition possible in the first place.
Your startup, mapped to the three prongs
All three prongs must be satisfied, and the officer weighs them together. For a founder, the trick is to describe a specific proposed endeavor — not "run my company" but the concrete work the company does.
Prong 1 — Substantial merit & national importance
Your venture's work must have both merit and national-scale importance. Merit is usually the easy part; national importance is where founders win or lose it. Frame the endeavor around impact that reaches beyond your own customers or region — a technology with economic, health, security, or infrastructure significance; job creation at scale; work in a critical or emerging field. A profitable-but-local business reads very differently than one with national implications.
Prong 2 — Well positioned to advance the endeavor
You must show you can move it forward. For founders this is your ownership stake and central role, plus traction: capital raised, accelerator acceptance, revenue growth, users, patents, partnerships, and hires. The 2025 guidance is explicit that an ownership interest plus an active, central role, backed by evidence of investment or progress, are strong indicators here. You don't have to prove the company will succeed — only that you're positioned to advance the work.
Prong 3 — On balance, beneficial to waive the requirements
Finally, it must be beneficial to the U.S. to waive the job offer and labor certification given prongs 1 and 2. For founders the argument writes itself when it's true: you're building the venture yourself, so requiring a sponsoring employer and a labor-market test would be impractical and could hold back work that serves the national interest.
The evidence that actually moves it
- Ownership & role: cap table or incorporation docs, your title and responsibilities, board seat.
- Capital & traction: term sheets, SAFE/investment records, accelerator acceptance, revenue figures, user/customer growth, signed contracts or LOIs.
- Recognition & impact: grants (especially government or SBIR-type), patents, media coverage, partnerships, and job creation numbers.
- Independent letters: from investors, industry experts, or agencies who can speak to the endeavor's national importance and your ability to deliver — not just personal references.
- A concrete plan: a credible roadmap tying the work to its national-scale impact, so the endeavor reads as specific, not aspirational.
Framing that draws an RFE
- "My company creates jobs and helps the economy." Too general. Tie impact to this venture with documented numbers.
- A great résumé, thin company evidence. Prong 2 wants proof others are backing or building on the work — funding, adoption, traction — not just your background.
- An endeavor described as a job title. Officers evaluate a specific proposed endeavor; "be the CEO" isn't one.
- Local-only impact. Show why the work matters at a national scale, not just to your current market.
See where your NIW case stands
Our free NIW readiness check walks your endeavor through all three Dhanasar prongs, flags which are strong versus thin for a founder profile, and builds a documentation checklist and attorney-prep questions. No signup.
Check my NIW readiness — free →