We write business plans for US and Canadian immigration, and help entrepreneurs grow and raise capital.

USCIS Has Spoken: The Entrepreneur’s Cheat Sheet to EB2/NIW Approval - Part 1

USCIS Has Spoken: The Entrepreneur’s Cheat Sheet to EB2/NIW Approval - Part 1

The EB2 National Interest Waiver (NIW) has emerged as a powerful pathway for entrepreneurs aiming to build a business in the U.S. and contribute to the national economy. Recent updates to the USCIS policy manual have clarified how entrepreneurs can meet the specific criteria for this visa category. These changes open the door for more business owners to showcase how their endeavors align with national interests. However, the success of your petition hinges on presenting a comprehensive, credible case tailored to the updated requirements.

As part of our mission to stay at the forefront of immigration trends for the benefit of our clients, we carefully analyzed the updated USCIS policy manual to identify and showcase the key components required for a successful EB2/NIW business plan. This blog is part of a series designed to break down each critical element, providing entrepreneurs with the insights they need to meet these updated standards. In this installment, we focus on the importance of ownership and an active role in your U.S.-based entity. Future posts in the series will cover additional essential components of a strong EB2/NIW business plan.

The Importance of Ownership and Active Role

1. Ownership Demonstrates Commitment

By showcasing ownership or a significant equity stake in the company, entrepreneurs establish their dedication to the business’s success. Whether you are the sole proprietor, majority shareholder, or co-founder, your business plan must clearly detail your ownership structure and its role in your commitment to the venture.

2. Central Involvement Proves Contribution

Ownership alone isn’t enough. USCIS expects evidence that you are actively engaged in the business’s operations and strategic decisions. This involves detailing:

  • Your specific duties and responsibilities.
  • How your expertise drives growth, innovation, and problem-solving within the business.
  • Examples of strategic decisions you’ve led that showcase your indispensable role.

3. Integral Participation Ensures Success

Your business plan should illustrate how your involvement is critical to the success of the venture. For instance, if your business is focused on cutting-edge technology or niche market solutions, it’s essential to explain how your unique skills, experience, and leadership are instrumental in achieving the company’s objectives.

A strong business plan connects your ownership and active participation to the overall viability of the enterprise, establishing both the national importance of your business and your indispensable role in its success.

Let’s Do This

Your success as an entrepreneur seeking an EB2/NIW visa requires a strong foundation—and we’re here to help. Our comprehensive range of services is specifically designed to support entrepreneurs in every aspect of their petition. These include:

  • Custom Immigration Business Plans: Highlighting your ownership, active role, and the national importance of your business while providing credible financial projections and realistic growth strategies.
  • Thorough, Customized Recommendation Letters: Tailored letters that showcase both the expertise of the person recommending you and yours, achievements, and contributions to your industry.
  • Market and Feasibility Analyses: Demonstrating the viability and potential success of your business in the U.S. market.
  • Expert CV Preparation: Presenting your qualifications and background in a polished, professional manner.
  • Expert Opinion Letters: Supporting the national importance and viability of your endeavor with evidence from respected authorities in your field.

With over 15 years of experience in business immigration and 25+ years as successful entrepreneurs, our unique expertise goes beyond simply writing documents. We craft strategies that align with USCIS requirements, anticipate business needs for visa renewals, and support your long-term success. Contact us today to create a solid, credible case for your EB2/NIW petition, and stay tuned for the next post in our series, where we will explore another key component of the EB2/NIW business plan.

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The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.


Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.

Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.

At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.


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