Is it relevant to already have a startup created in the US?

The EB-2 NIW (National Interest Waiver) is a visa category that allows professionals with advanced qualifications to demonstrate that their work is of national interest to the United States, waiving the requirement of a job offer. In this context, having a startup already established in the country can indeed be a differentiator, but it is not a determining factor for the success of the application.

For some professionals, creating a startup serves as a strong indicator of innovation, entrepreneurial ability, and potential to generate jobs and boost economic development. These characteristics can be highly valued in the analysis of your case, as they demonstrate how your work can bring concrete benefits to the country.

However, it is important to remember that each petition is evaluated holistically and that having a startup is only one of several elements that may form a robust set of evidence about your ability and contribution. On the other hand, many successful EB-2 NIW applicants do not necessarily have an established company in the United States, but rather a consistent track record in their field – such as publications, patents, research projects, or contributions to strategic sectors of the country.

The most relevant aspect is to demonstrate, through solid evidence, that your expertise and initiatives are aligned with American national interests.

It is always worth emphasizing the importance of complying with all US immigration laws and regulations. The best way to proceed is to seek information from reliable sources and, if necessary, consult specialized professionals in this area, avoiding marketing campaigns that promise guaranteed results or to expedite processes without the proper legal backing.

Each case has its particularities, and a detailed analysis of your professional trajectory is fundamental to building a consistent petition. Therefore, although having an active startup in the US can strengthen your EB-2 NIW application by demonstrating economic impact and innovation, the main focus should be to evidence your ability to contribute significantly to the country’s interests, regardless of whether the enterprise is already established or not.

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.