EB2 NIW for Self-Employed Individuals
Yes, you absolutely can apply for the EB2 NIW as a self-employed individual. In fact, the EB2 NIW is particularly advantageous for those who don’t have a traditional employer to sponsor them, which perfectly describes the situation of a self-employed person or entrepreneur. In essence, EB2 NIW for Self-Employed Individuals is an open opportunity.
Key Considerations for Self-Employed EB2 NIW Applicants
Before we dive deep into the reasons EB2 NIW for Self-Employed individuals is a great option, it is important we avail you the vital considerations to look into before or while applying for EB2 NIW.
1. Meeting EB2 Basic Requirements:
You still need to qualify for the EB2 category, which requires either:
- An advanced degree: This includes a U.S. master’s degree or its foreign equivalent, or a U.S. bachelor’s degree followed by at least five years of progressive post-baccalaureate work experience in your field.
- Exceptional ability: This means having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. You typically need to meet at least three out of several criteria to demonstrate exceptional ability. For instance:
- official academic records,
- letters documenting at least 10 years of experience,
- a license to practice your profession,
- evidence of a high salary, membership in professional associations, recognition for achievements).
2. Demonstrating National Interest:
This is the core of the NIW.
You need to clearly articulate how your self-employed work or business has substantial merit and national importance to the U.S.
This could involve contributions to the economy, innovation, job creation, technological advancement, healthcare, education, or other areas of national interest.
3. Establishing You Are Well-Positioned:
You need to show that you have the skills, knowledge, experience, and resources to successfully pursue your proposed endeavor.
For a self-employed individual, this could include your track record, business plan, funding (if any), intellectual property, and potential impact.
4. Justifying the Waiver:
You must convince USCIS that it would be in the national interest to waive the job offer and labor certification requirements in your case.
This often involves highlighting the unique benefits your self-directed work brings to the U.S. that would be hindered by the traditional labor certification process.
Reasons EB2 NIW for Self-Employed is a Great Option
Here’s why the EB2 NIW is a suitable pathway for self-employed individuals:
- Self-Petitioning is Allowed: Unlike many other employment-based green card categories, the EB2 NIW allows you to file the petition on your own behalf. You do not need a U.S. employer to sponsor you or offer you a job.
- No Labor Certification Requirement: A key aspect of the National Interest Waiver is that it waives the requirement for a labor certification from the Department of Labor. This process typically involves demonstrating that there are no qualified U.S. workers available for the position. As a self-employed individual creating your own position, this requirement is inherently inapplicable.
- Focus on Your National Interest Contribution: The EB2 NIW focuses on whether your work and expertise are in the national interest of the United States. As a self-employed individual, you need to demonstrate that your endeavors (your business, your field of work, your innovations) will substantially benefit the U.S. on a national level.
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