I have a patent with no commercial use: can I argue future potential in the EB-2 NIW?

Yes. In the EB-2 NIW, a patent that has not yet reached commercial use can still work in your favor, as long as you can argue the future potential of the invention and the positive impact it may generate.

The visa looks at the merit and national importance of your work, not only at results that have already been commercialized. A promising technology, even at an early stage, can support a strong argument when backed by solid evidence.

To demonstrate that potential convincingly:

• Feasibility studies and research reports about the invention.
• A development plan showing how it can evolve.
• Analyses of the technological or economic impact it may generate.

Each case is evaluated individually, taking into account the full body of evidence. It is worth reviewing the latest USCIS guidance and structuring your argument with a specialist before filing.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

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.