What if my work is confidential under an NDA?

Yes, it is possible to build a strong case even so. In the EB-2 NIW, you need to demonstrate the relevance of your work, but that does not require disclosing information protected by a Non-Disclosure Agreement (NDA). The approach is to balance showing impact with respecting confidentiality.

In practice, documentation can be adapted to generalize or omit sensitive details without distorting the facts. Several resources help demonstrate your merit without exposing what is confidential:

• Summaries of results achieved, written in non-sensitive language.
• Letters and testimonials from partners, clients, or colleagues.
• Impact assessments that describe the effect of your work, not the technical secrets.

It is important to comply with both immigration requirements and the terms of the NDA at the same time: altering or inflating information to satisfy the visa petition can create legal problems down the road. For that reason, it is worth seeking specialized guidance to identify what can be shared safely and how to present that evidence in a compelling way, always through official sources.

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.