The gap, named · our reading of the rule

Entrepreneurs often believe green cards require employer sponsorship and PERM labor certification. The National Interest Waiver (NIW) allows entrepreneurs to self-petition directly.

The Regulatory Framework

Under Matter of Dhanasar (26 I&N Dec. 884), entrepreneurs qualify for an EB-2 NIW if their endeavor has national importance, they are well-positioned, and waiving labor certification benefits the U.S.

How entrepreneurs prepare for this conversation

• Step 1: Frame National Impact: Highlight broader economic impacts, such as job creation, supply chain tech, or federal grants.
• Step 2: Gather Objective Proof: Compile grant notices (SBIR/STTR), venture capital terms, patents, and expert letters.

Attorney Interrogation Sheet (What to Ask)

1. Does my business endeavor satisfy national importance standards under Dhanasar?
2. What evidence best demonstrates that I am well-positioned to advance the endeavor?

What this is not This piece quotes the published rule and says plainly where we are reading it rather than quoting it. It is not legal, tax or immigration advice, it creates no attorney–client relationship, and neither you nor we can apply it to your facts. Rules also move — check the date above, then take the questions in this piece to your own licensed attorney and CPA, who are the only people who can advise you.

Sources · primary law first, our own notes labelled as such

Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)

USCIS Policy Manual, Volume 6, Part F — National Interest Waiver

Ownership and work authorisation are treated differently in the rules, and that difference is what this library is about. Everything here is written for people keeping the job that holds their status.

Put a number on it. The Fork

Then choose your route. The Immigrant Entrepreneur Cohort is four weeks, while employed, and it starts with exactly this question. See the next run →