EB2 National Interest Waivers Now Possible for Entrepreneuers

Entrepreneurs may now apply for an employment-based second preference (EB-2)
immigrant visa if they satisfy the existing requirements, and also may qualify for a
National Interest Waiver under the EB-2 immigrant visa category if they can
demonstrate that their business endeavors will be in the interest of the United States.
USCIS has issued Frequently Asked Questions to clarify this issue. USCIS will also
conduct internal training on the unique characteristics of entrepreneurial enterprises
and startup companies and incorporate input from the upcoming stakeholder
engagements detailed below.
The EB-2 visa classification includes foreign workers with advanced degrees and
individuals of exceptional ability in the arts, sciences, or business. Generally, an EB-
2 visa petition requires a job offer and a Department of Labor certification. These
requirements can be waived under existing law if the petitioner demonstrates that
approval of the EB-2 visa petition would be in the national interest of the United
States.
Entrepreneurs may obtain an employment-based second preference (EB-2)immigrant visa if they satisfy the existing requirements, and also may qualify for aNational Interest Waiver under the EB-2 immigrant visa category if they candemonstrate that their business endeavors will be in the interest of the United States.USCIS has issued Frequently Asked Questions to clarify this issue. USCIS will alsoconduct internal training on the unique characteristics of entrepreneurial enterprisesand startup companies and incorporate input from the upcoming stakeholderengagements detailed below.The EB-2 visa classification includes foreign workers with advanced degrees andindividuals of exceptional ability in the arts, sciences, or business. Generally, an EB-2 visa petition requires a job offer and a Department of Labor certification. Theserequirements can be waived under existing law if the petitioner demonstrates thatapproval of the EB-2 visa petition would be in the national interest of the United States.

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