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

First you must qualify for EB-2 itself: an advanced degree or exceptional ability. Then, under Matter of Dhanasar (26 I&N Dec. 884), the endeavor must have substantial merit and national importance, you must be well positioned to advance it, and on balance waiving the job offer must benefit the United States.

EB-1A asks for something different. It asks for a one-time major internationally recognised award or at least 3 of the 10 criteria at 8 CFR 204.5(h)(3), then a final merits review. We have not re-read that regulation or the USCIS Policy Manual chapter on EB-1A since August 2026, so treat this as our reading and check the text in force on the day you read it.

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. Do I qualify for EB-2 itself, and does my business endeavor satisfy the national importance and substantial merit standards under Dhanasar?
2. What evidence best demonstrates that I am well-positioned to advance the endeavor?
3. If I am inside the U.S., does the May 2026 USCIS memo on adjustment of status (PM-602-0199) change whether I should plan for consular processing?

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). Not re-read on 3 October 2026.

USCIS Policy Manual, Volume 6, Part F: National Interest Waiver and extraordinary ability. Not re-read on 3 October 2026.

8 CFR 204.5(h)(3): EB-1A criteria. Not re-read on 3 October 2026.

USCIS Policy Memorandum PM-602-0199, 21 May 2026. Read 3 October 2026.

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 →