[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/frearlaw.com\/national-interest-waivers-for-startup-founders\/#BlogPosting","mainEntityOfPage":"https:\/\/frearlaw.com\/national-interest-waivers-for-startup-founders\/","headline":"National Interest Waivers for Startup Founders","name":"National Interest Waivers for Startup Founders","description":"In this post I cover national interest waivers for startup founders. The NIW is one of many US immigration options for entrepreneurs.","datePublished":"2022-11-27","dateModified":"2023-11-01","author":{"@type":"Person","@id":"https:\/\/frearlaw.com\/author\/bbfrear\/#Person","name":"Ben Frear","url":"https:\/\/frearlaw.com\/author\/bbfrear\/","identifier":1,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/3beb65a17ac0c10e01a8d5e48e4f7ed366ad8190c0993f0f182618cc3fe4dbd8?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/3beb65a17ac0c10e01a8d5e48e4f7ed366ad8190c0993f0f182618cc3fe4dbd8?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Frear Law","logo":{"@type":"ImageObject","@id":"https:\/\/frearlaw.com\/wp-content\/uploads\/Copy-of-Copy-of-Copy-of-Copy-of-Copy-of-Copy-of-Copy-of-FREAR-LAW-180-\u00d7-60-px.svg","url":"https:\/\/frearlaw.com\/wp-content\/uploads\/Copy-of-Copy-of-Copy-of-Copy-of-Copy-of-Copy-of-Copy-of-FREAR-LAW-180-\u00d7-60-px.svg","width":180,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/frearlaw.com\/wp-content\/uploads\/NATIONAL-INTEREST-WAIVERS-FOR-FOUNDERS-1.png","url":"https:\/\/frearlaw.com\/wp-content\/uploads\/NATIONAL-INTEREST-WAIVERS-FOR-FOUNDERS-1.png","height":720,"width":1280},"url":"https:\/\/frearlaw.com\/national-interest-waivers-for-startup-founders\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=okpSvp8a67M#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=okpSvp8a67M","name":"National Interest Waivers for Startup Founders","description":"In this video, I cover national interest waivers for startup founders. \n\nPlease note, this video is for general information only and is not intended as legal advice. Please consult a lawyer.","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/okpSvp8a67M\/default.jpg","https:\/\/i.ytimg.com\/vi\/okpSvp8a67M\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/okpSvp8a67M\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/okpSvp8a67M\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/okpSvp8a67M\/maxresdefault.jpg"],"uploadDate":"2022-11-12T14:00:23+00:00","duration":"PT7M1S","embedUrl":"https:\/\/www.youtube.com\/embed\/okpSvp8a67M","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCZgH-DDjbICoI6uMulh9Psw#Organization","url":"https:\/\/www.youtube.com\/channel\/UCZgH-DDjbICoI6uMulh9Psw","name":"Frear Law","description":"Immigration Lawyer for Entrepreneurs \n\nThis channel provides general immigration information for talented foreign nationals who want to live, work and thrive in the United States. \n\nI hope that you find it helpful!","logo":{"url":"https:\/\/yt3.ggpht.com\/ytc\/AIdro_n_kXN2KxXcImITWJhnAIcA4FNtouokx7intx3pFXa0hA=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=okpSvp8a67M#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=okpSvp8a67M#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=okpSvp8a67M&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=okpSvp8a67M#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":208}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=okpSvp8a67M#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":3}]},"about":["Business Immigration"],"wordCount":1209,"keywords":["National Interest Waiver Green Card","National Interest Waivers","NIW Green Card","NIW Lawyer"],"articleBody":"\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tIntro: The NIW Green Card for EntrepreneursIn my practice, I primarily handle E2 visas because\u2014 for most of my clients\u2014this visa is a perfect fit. Afterall, the E2 visa enables entrepreneurs to come to the US to direct and develop a business in which they have made a substantial at-risk investment which is exactly what most of my clients want to do.But, despite its benefits, the E2 visa isn\u2019t great for everyone.\u00a0For example, a lot of talented entrepreneurs simply won\u2019t qualify because their country of nationality doesn\u2019t not have an E2 treaty with the United States. Other founders will not qualify as E2 investors because they own less than 50% of the business in which they have invested.\u00a0And\u2026even if a particular entrepreneur qualifies for the E-2 visa, it makes sense to put some thought into the national interest waiver green card(AKA NIW green card) option assuming that they want to stay long term in the US.National Interest Waivers for Startup Founders: The RequirementsBelow, I discuss the basic requirements of the NIW green card, so you can do a basic self assessment before you reach out to an immigration lawyer.\u00a0 After learning some details, many people quickly come to the conclusion that the national interest waiver isn\u2019t a great option for them.\u00a0But you never know until you look at the requirements. So let\u2019s jump in and talk about some things that founders should know about this option.The first thing to know isn\u2019t really a requirement, but it is something that I suspect will turn off a lot of people right away\u2026NIW Green Card Wait TimesIf you were to decide to file for a national interest waiver green card, you would spend a few months to gather all of the necessary evidence and complete the forms. Then once everything is perfect, you would mail your evidence to USCIS.\u00a0And then, you would wait\u2026and wait\u2026 and wait. Since premium processing is not currently an option, you may have to wait 12-24 months\u00a0 to get a response from the US government.\u00a0For those of you who are not scared away by that unfortunate reality, continue reading to learn about the requirements of national interest waivers for startup founders.The RequirementsTo satisfy the first requirement, you must show that you have exceptional ability or a master\u2019s degree or a bachelor\u2019s degree plus five years of progressive experience in the field.\u00a0As you can imagine demonstrating the attainment of a master\u2019s degree is pretty straightforward. Demonstrating exceptional ability in the other hand\u00a0 is a little more challenging.Exceptional ability can be demonstrated by any of the three following types of evidence:An academic record showing a degree, diploma, certificate, or similar award relating to the area of exceptional ability;\u00a0Letters from current or former employers documenting at least ten years of experience; A license to practice a profession or certification for a profession or occupation;Evidence of a high salary;Membership in a professional association;Recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations; orComparable evidence if these categories aren\u2019t availableObviously it is best to avoid having to make this type of showing, so entrepreneurs with a master\u2019s degree or the equivalent are at a distinct advantage over those who have to do the heavy lifting of proving exceptional ability.For those of you that have the proper educational background or confidence in your ability to demonstrate how you are exceptional, it is time to look at the three prongs that make up the primary national interest waiver requirements as articulated in a case called Matter of Dhanasar.Matter of Dhanasar: Substantial Merit and National ImportanceFor the first prong, you must show that your planned endeavor has substantial merit AND national importance.\u00a0\u201cSubstantial merit\u201d typically isn\u2019t much of a challenge for start-up founders since job creating business endeavors are generally considered to be beneficial. Unfortunately proving national importance is more difficult.\u00a0This requirement can be met if an undertaking is expected to have national or even global implications or if it is anticipated to have a huge impact in a particular field.Entrepreneurs like to point to job creation to meet the national importance requirement. But, while job creation is great\u2014especially if it is substantial\u2014if you can show that your startup brings a broader benefit to the American public, you will strengthen your case and improve your chances of a successful application.\u00a0Matter of Dhanasar: Well Positioned to Advance the Proposed EndeavorIn addition to proving that your endeavor has substantial merit and national importance, you will also need to prove that you are well positioned to advance the proposed endeavor.In the startup context the following questions will be considered by the government to determine if a founder meets this requirement\u2026Does your unique combination of experience, edu and knowledge put you in an ideal position to advance the startup?\u00a0 Have you succeeded in similar efforts?Can you demonstrate your past success through media, awards, etc.?If so, the gov\u2019t will be more likely going to find that you are likely to succeed with your current endeavor?Has the startup made any progress?Do you have customers?Can you demonstrate substantial growth?Has the company attracted investments from venture capital firms or received grants from government entities?Has the startup received support from incubators or accelerators?Have any relevant patents been secured?In other words\u2026is the business doing well at this stage and have you played a central role in the company\u2019s early successMatter of Dhanasar: Balancing TestFor the final requirement you have to show that on balance, it is beneficial to waive the job offer and labor certification requirements that are typically associated with employment based green card applications. Without a doubt, meeting the national interest waiver requirements is a difficult task. But, fortunately, it is typically fairly easy for founders to satisfy this last requirement.\u00a0There are a few reasons why this is the case\u2026First of all, the standard employment based green card process requires an employer to look for a minimally qualified worker through the labor certification process.\u00a0When you are talking about a startup that is nationally important, you don\u2019t want someone who is minimally qualified. You want the best person(typically the founder) to move that company forward.And perhaps the best and most elegant argument is simply that entrepreneurs are not a good fit for the standard labor certification process.\u00a0With regards to labor certification, the Dhanasar case states\u2026It has proven particularly ill-suited for USCIS to evaluate petitions from self-employed individuals, such as entrepreneurs.Conclusion: National Interest Waivers for Startup FoundersNow that you are armed with this general info, you can think about this path in light of your unique situation. And if you decide that this could be a decent option for you, I encourage you to reach out to one of the many amazing US immigration lawyers that you can find across the globe.Thanks for your time and best of luck as you explore your US immigration options!\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tBen Frear, Esq.Immigration Lawyer For Entrepreneurs \t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"National Interest Waivers for Startup Founders","item":"https:\/\/frearlaw.com\/national-interest-waivers-for-startup-founders\/#breadcrumbitem"}]}]