Applying for EB-2 NIW from abroad - industry NIWs

Here’s a post by immigration lawyer Amber Davis on applying for EB-2 NIW with the intention of working in industry:

A lot of the people from abroad who decide to apply for EB-2 NIW usually have plans to start their own venture in the U.S.

But that’s not the only route to securing EB-2 NIW - you don’t have to start your own business nor is that necessarily favored by USCIS.

Yes, it’s absolutely possible to apply for EB-2 NIW with the intention of finding a job in the U.S. in a field that you’re currently in or in one that’s similar to the one in which you’re currently working.

You will need strong reference letters and it can be a completely different kind of case to say the applicant who wants to move to the U.S. to start their own business.

From my experience, industry NIWs from abroad come down to proposed endeavor and also the strength of your existing ties to the U.S., which is something you will have to show in your petition.

Existing ties, not potential ties, as in you already have to have these relationships with U.S. companies or individuals who are related to your proposed endeavor and are willing to vouch for you. It’s even better if they can explain to USCIS that immediate opportunities exist, or propose some kind of consulting arrangement or potential future partnership.

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Interested in EB-1A, EB-2 NIW or O-1? Feel free to reach out to Amber at amber.davis@waypointimmigration.org or via LinkedIn messages.

Interested in profile-building for EB-2 NIW and maximizing your chances of approval? Check out Amber’s course, NIW Ready, which helps those of you who want to build a strong NIW profile in 2-3 months. You’ll also be considered for Amber’s refundable case package, which guarantees a refund of only attorney fees if your case does not get approved. At the end of the course, assuming you do the work, you’ll be ready to file.