How to show that USCIS should consider indirect costs in your EB-2 NIW case?

First, a note on expectations: the EB-2 NIW (National Interest Waiver) is not decided by a cost spreadsheet, direct or indirect. USCIS evaluates the merit of your profile and the national importance of the work you propose to do. Indirect costs are not a criterion the agency is required to weigh; they are only relevant if they help tell the story of your project’s viability.

If your case involves an independent venture or initiative, it makes sense to show that you understand the real cost of operating, not just the obvious expenses. In that context, indirect costs may appear as supporting context:

• Infrastructure, facilities, and equipment that sustain the work.
• Administrative expenses and support systems necessary for operations.
• An explanation of how those resources enable the results you are promising.

What strengthens the case is not claiming that USCIS should consider those costs, but rather connecting each expense to the national interest: how the structure you maintain generates innovation, outcomes, or concrete benefits. Back this up with consistent accounting records and, where helpful, expert declarations.

Because evaluation is individual and approval is never guaranteed, it is worth confirming the current criteria at the official source (USCIS) and reviewing your petition strategy with a specialist.

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Victoria Harper

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As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.