Last updated: October 2026. Checked against the USCIS Policy Manual, Volume 6, Part F, Chapter 5 (current as of October 23, 2026), which includes the January 15, 2025 national interest waiver update.
An EB2 NIW entrepreneur can self-petition for a green card through their own U.S. company, with no employer sponsor and no labor certification. Founding a company does not qualify you, though. The USCIS Policy Manual says ownership “rarely establishes eligibility on its own” and that “broad assertions regarding general benefits to the economy and potential to create jobs” will not establish eligibility. A founder must first qualify for EB-2, as an advanced degree professional or a person of exceptional ability. They must then meet the three Dhanasar prongs with evidence that exists when they file: outside investment, incubator or accelerator admission, revenue or users, intellectual property, government grants and similar independent validation.
This guide to the NIW for entrepreneurs covers who USCIS treats as an entrepreneur, the founder evidence it lists, and where job creation fits. For a deeper look at individual prongs, see our guides to national importance (prong 1) and being well positioned (prong 2).
Key takeaways
- The NIW suits self-employed founders because no U.S. employer has to file a labor certification. USCIS notes that DOL rules “generally prohibit” labor certifications when the worker is self-employed.
- EB-2 comes first. If the occupation behind your endeavor is not a profession, an advanced degree may not carry you, and USCIS can deny without reaching the waiver.
- Owning 100% of a company is relevant but “rarely” enough. USCIS wants your “active and central role” and outside validation.
- Job creation helps when it is specific: significant for the region, tied to your contribution, or part of a real economic-impact case under prong 3.
- You do not have to prove the startup will more likely than not succeed. But “claims lacking corroborating evidence are not sufficient.”
Who USCIS treats as an EB2 NIW entrepreneur
The Policy Manual describes an entrepreneur petitioner as someone advancing the endeavor through “an entity based in the United States in which the petitioner typically possesses (or will possess) an ownership interest, and in which the petitioner maintains (or will maintain) an active and central role such that the petitioner’s knowledge, skills, or experience would significantly advance the proposed endeavor.” Three points follow from that wording:
- The company can be new. The Manual uses “will possess” and “will maintain,” and elsewhere refers to a “current or proposed start-up entity.” Your evidence of progress still has to exist when you file.
- Your role matters more than your title. A passive shareholder does not fit the description. USCIS looks for a founder whose own skills drive the endeavor.
- There is no required structure. Officers “may consider the fact that many entrepreneurs do not follow traditional career paths and there is no single way in which an entrepreneurial venture entity must be structured.”
Self-employed NIW filings exist because of how labor certification works. USCIS’s immigrant pathways page for entrepreneurs says “DOL regulations generally prohibit the issuance of labor certifications in self-employment scenarios,” but an entrepreneur seeking an NIW “may self-petition.” Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) replaced the older NYSDOT test partly because it had “proven particularly ill-suited” for “self-employed individuals, such as entrepreneurs.” Our EB-2 NIW self-petition guide covers the filing mechanics.
Step one for founders: EB-2 eligibility still applies
Many founder guides skip this step. The January 15, 2025 update (PA-2025-03) added a section saying a petitioner “must first demonstrate the person’s qualification for the underlying EB-2 visa classification.” If not, “the petition is statutorily ineligible,” and USCIS may deny “without reaching the national interest waiver determination.”
| EB-2 route | What USCIS requires | Founder-specific trap |
|---|---|---|
| Advanced degree (master’s or higher) | A U.S. advanced degree or foreign equivalent (8 CFR 204.5(k)(2)), and the occupation behind the endeavor must be a profession | The Manual’s example: an engineering graduate who “intends to start a bakery may have difficulty,” because “the occupation underlying the endeavor is determinative” |
| Bachelor’s + 5 years of progressive experience | Experience must come after the degree and be “in the specialty” | Years spent running an unrelated business may not count; a chemistry degree plus restaurant management “generally does not equate” to a chemistry master’s for a chemistry endeavor |
| Exceptional ability in the sciences, arts or business | At least three of six regulatory criteria, then a final merits review of expertise “significantly above that ordinarily encountered” | The “area of exceptional ability” must be “directly related” to the proposed endeavor |
USCIS decides case by case whether the occupation through which you will advance the endeavor (“including certain entrepreneurial endeavors”) is a profession. It is your burden to show that it requires at least a bachelor’s degree for entry. So describe your occupation and your endeavor in a straightforward way and keep them consistent. If you are relying on experience, see our guide to the bachelor’s degree plus five years route.
What the January 2025 update means for startup founder NIW cases
USCIS added entrepreneur-specific guidance to the Policy Manual in January 2022 (PA-2022-02). PA-2025-03 revised that entrepreneur subsection and “clarifies, with examples, that not every entrepreneur qualifies for a national interest waiver.” It also says the list of suggested founder evidence “is not intended to suggest that any one piece, by itself, necessarily establishes eligibility.” The guidance applies to petitions pending or filed on or after January 15, 2025. In practice:
- Ownership is a starting fact, not an argument. The Manual says ownership is “relevant to whether the person is well positioned” but “rarely establishes eligibility on its own.” USCIS reviews “the person’s education, experience, and skills.”
- General experience may fall short. Someone whose banking experience “is limited to working as a teller or accounts manager” may not be well positioned to run a consulting business advising U.S. banks nationally.
- Industry importance is not endeavor importance. Opening a consulting firm for people in a nationally important occupation does not show national importance. Neither does citing the importance of “the car dealership industry” when the endeavor is starting a car dealership.
EB2 NIW entrepreneur evidence the Policy Manual lists
Beyond the general prong 2 list, the Manual names founder-specific evidence that can “substantiate any business plans” and support all three prongs. USCIS “evaluates all of the evidence in the aggregate,” so no single item settles the case.
| Evidence type | What the Manual says | What gives it weight |
|---|---|---|
| Ownership and role in the U.S. entity | Appointment as an officer or another key role “may have probative value” | Records showing what you actually run and decide |
| Degrees, certifications, licenses, letters of experience | Examples include “successfully leading prior start-up entities” | A direct line from past results to this venture |
| Investment | An investment, “binding commitment to invest” or other evidence of future intent to invest by an outside investor, “consistent with industry standards” | An amount appropriate to the endeavor’s capital needs, from angel investors or venture capital firms |
| Incubator or accelerator participation | Admission may be treated “as an endorsement” of your plan or track record | Evidence of “the past success of the incubator” |
| Awards or grants | From government entities “with expertise in economic development, research and development, or job creation,” or policy or research institutes | “Independent validation,” as with outside investment |
| Intellectual property | Patents held by you or your current or prior start-ups | Proof of why it is “significant to the field,” how you contributed and how it is or may be used |
| Published materials | Media attention to you or your entity, “with some reference to the petitioner’s role” | Evidence of “the media outlet’s reputation” |
| Revenue and job growth | Growth in revenue, U.S. jobs created, or both | Proof of “the petitioner’s contribution to such growth” |
| Third-party letters | From government entities, outside investors or “established business associations” | Specific knowledge of your products or skills; evidence of the writer’s credentials |
Revenue is not the only metric
The Manual says many ventures “are measured in terms of revenue generation, profitability, valuations, cash flow, or customer adoption,” but “other metrics may be of equal importance.” A common misreading is that founders must show the startup will more likely than not succeed. The Manual says the opposite: a person “may be well-positioned to advance an endeavor even if the person cannot demonstrate that the proposed endeavor is more likely than not to ultimately succeed.” What must be shown by a preponderance of the evidence is that each prong is met.
EB2 NIW job creation and economic impact: where they count
Job creation shows up in all three prongs, and the bar is different in each.
| Prong | What the Manual says | What that asks of a founder |
|---|---|---|
| 1. National importance | General claims about entrepreneurs and jobs “would not alone be sufficient”; a startup petition “should demonstrate in detail how this specific endeavor” qualifies. Hiring potential counts at a level “significant with respect to the population and economic circumstances of the relevant region,” or with other substantial effects “particularly in an economically depressed area” | A specific location, a specific hiring plan, and evidence about that area’s economy. Economic impact is not mandatory, since “merit may be established without immediate or quantifiable economic impact” |
| 2. Well positioned | Growth in revenue or U.S. jobs, “and the petitioner’s contribution to such growth” | Payroll and revenue records, plus proof that the growth came from your work |
| 3. Balance of factors | Officers may weigh “potential to generate considerable economic impact,” for example “economic revitalization,” and “potential job creation.” Where a founder is self-employed in a way that generally does not hurt U.S. workers, or owns a business that employs them, “there may be little benefit from the labor certification” | Show why the waiver serves the U.S. more than labor certification would. USCIS’s NIW filing tips add that it “may be impractical for an entrepreneur or self-employed inventor to secure a job offer” |
The Policy Manual does not set a minimum number of jobs for an NIW. The 10-job rule many founders have heard of belongs to EB-5, which USCIS describes as requiring “full-time positions for at least 10 qualifying employees.”
Not sure your EB-2 route and founder evidence line up? Our free EB-2 NIW profile evaluation checks both before you invest in a filing.
Weak vs strong EB2 NIW entrepreneur endeavors (hypothetical)
These founders are hypothetical and simplified. They illustrate the Manual’s language and do not predict any outcome. For drafting the endeavor statement itself, see how to write a proposed endeavor.
| Founder (hypothetical) | Weak framing | Stronger framing | Policy Manual hook |
|---|---|---|---|
| M.S. computer science; AI startup | “I founded an AI company. AI matters to the economy and we will create jobs.” | As CTO and majority owner, builds fraud-detection models for community banks. Files pilot contracts with two banks, accelerator admission with the program’s track record, and a seed round sized to an 18-month build plan. | Specific endeavor; investment “consistent with industry standards”; incubator endorsement |
| Ph.D. materials science; battery hardware | “Clean energy is a national priority.” | Files a patent with records of the founder’s inventive role, a state energy-office grant, manufacturer letters of intent, and a hiring plan tied to the county’s economic data. | IP significance and contribution; government grants; jobs “significant” for the region |
| MBA; former bank branch staff; consulting firm | “My firm will help U.S. businesses grow.” | Narrows the endeavor to a documented method clients already use, with client results and adoption evidence. If no such record exists, the NIW may not be the right fit yet. | Consulting-firm and bank-teller examples; general experience “may not be sufficient” |
| Engineering master’s; bakery chain | “I hold an advanced degree and will open bakeries.” | Deals with EB-2 first. The bakery is the occupation, so the degree may not help. Exceptional ability would need to be in an area “directly related” to the endeavor. | Bakery example; “the occupation underlying the endeavor is determinative” |
Timing: founder evidence must exist when you file
The record USCIS judges is the one you file. Under Volume 1, Part E, Chapter 6 of the Policy Manual, you must be eligible “at the time of filing,” and RFEs “are not issued to ‘cure’ an eligibility deficiency.” Since August 5, 2026 (PA-2026-05), USCIS may deny without an RFE when required initial evidence is missing or the evidence “is insufficient to demonstrate eligibility.” As of October 2026, an investment round, a signed customer or an accelerator place that arrives after filing generally cannot fill the gap. Check the linked pages for any later changes.
How Skycap helps founders
Skycap Consultancy is a petition-preparation consultancy, not a law firm. We do not give legal advice or represent anyone before USCIS. Our complete I-140 petition package (from $750, payable in installments) organizes your EB-2 qualification, endeavor and founder evidence into one exhibit-backed petition. Our strategic recommendation letter service ($50 per letter) drafts letters for investors, partners or experts to review, edit and sign based on their own knowledge. If USCIS issues an RFE, our RFE response service starts at $375. For corporate, tax or complex immigration questions, consult a licensed attorney.
Frequently Asked Questions
Can a self-employed founder file an EB-2 NIW?
Yes. USCIS says an entrepreneur seeking an NIW “may self-petition.” You still need EB-2 eligibility and evidence meeting all three Dhanasar prongs.
Do I need outside investment?
No. Investment is one listed type of evidence, not a requirement. When you do submit it, USCIS considers whether the amount is appropriate for the endeavor’s capital needs.
Does my company need to exist before I file?
Not necessarily. The Manual refers to a “current or proposed start-up entity” in which you possess “(or will possess)” ownership. But you need evidence of progress, interest or validation at filing, and a company that does not exist yet has less of it to show.
How many jobs must my startup create?
The Policy Manual sets no number. Hiring potential is judged against “the population and economic circumstances of the relevant region.” The 10-job figure is an EB-5 rule, not an NIW rule.
Is an MBA enough to qualify as a founder?
An MBA can be an advanced degree, but the occupation behind your endeavor must also be a profession. Under prong 2, “a degree in and of itself” is not a sufficient basis to find you well positioned.
Ready to see how your venture measures up? Request a free profile evaluation and we will map your founder evidence to EB-2 eligibility and the three prongs.
Related guides
This article is general information, not legal advice. Skycap Consultancy is a petition-preparation consultancy, not a law firm. Requirements and fees change; check the linked USCIS pages before filing.
