Can a start-up without revenue but with disruptive potential qualify for an NIW?

The EB-2 NIW (National Interest Waiver) visa is an option for professionals who have advanced skills or an exceptional level of expertise, and who can demonstrate that their work is of national interest. The idea is to facilitate obtaining a green card without the requirement of a formal job offer, based on the potential contribution the applicant can bring to the United States.

In the case of a start-up without revenue but with disruptive potential, it is indeed possible for it to qualify under the NIW – provided that very solid elements are presented to prove that the enterprise offers significant impacts on the economy, job creation, or the promotion of technological and social advances that would benefit the country. The “disruptive” aspect must be consistently detailed, showing that its innovation translates into concrete and measurable benefits for the nation.

It is important to emphasize that USCIS (United States Citizenship and Immigration Services) evaluates each case individually. Therefore, even if the start-up does not yet generate revenue, it will be necessary to prove, through robust evidence – such as research, publications, patents, well-founded business plans, and recommendation letters from recognized experts in the field – that the project has the potential to significantly influence the US industry or economy. The documentation must clearly demonstrate the strategic value of the proposed innovation.

Moreover, it is essential to comply with all US immigration laws and maintain a critical view regarding easy promises and marketing campaigns that guarantee miraculous results. Seeking guidance from experienced and specialized professionals in the area can be an important ally in building a consistent case, but always with caution and knowing that evaluations by the competent authorities are detailed and require solid proof.

In summary, a start-up without revenue that is well-planned and demonstrates disruptive potential and national relevance can, indeed, be considered for the EB-2 NIW. The key to success lies in constructing a well-founded dossier that evidences the benefits for the United States, always in strict compliance with the current immigration laws.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.