EB-2 National Interest Waiver Business Plan | Self-Petition | Avvale

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🇺🇸 EB-2 National Interest Waiver

EB-2 NIW Business Plan

A self-petitioned green card for highly skilled professionals. Your petition must satisfy the Dhanasar three-prong framework, we write the evidence package that makes the case for why your work is in the US national interest.

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The Three Prongs USCIS Uses to Assess Every EB-2 NIW Petition

In 2016, the USCIS Administrative Appeals Office established the Dhanasar framework, replacing the old NYSDOT standard. Every EB-2 NIW petition is now evaluated against three prongs, and all three must be satisfied.

1

Substantial Merit & National Importance

Your proposed endeavour must have significant potential benefits to the United States, in areas like STEM, healthcare, education, arts, business, or athletics. The benefit must extend beyond local or regional significance.

2

Well Positioned to Advance the Endeavour

You personally must be well positioned to advance the work. Evidence includes: education, skills, knowledge, record of success, a plan for future activities, progress to date, and interest from US investors, institutions, or government.

3

Beneficial to Waive Job Offer Requirement

On balance, it must benefit the United States to exempt you from the normal job offer and PERM labor certification requirements. Self-sufficiency, urgency of the work, and national need all weigh in your favour.

Professionals Who Commonly Qualify for EB-2 NIW

The NIW pathway is open to a wider range of professions than many people realise. If your work has significance beyond your immediate employer, you may have a strong case.

🔬 Research Scientists
🏥 Physicians & Surgeons
💻 Technology Founders
⚙️ Engineers (STEM)
🎓 Academic Researchers
📊 Economists & Policy Experts
🌱 Environmental Scientists
🤖 AI / ML Researchers
⚡ Clean Energy Specialists
🏗️ Infrastructure Engineers

No Employer Sponsorship Required

The EB-2 NIW is self-petitioned, you file your own I-140 without needing an employer sponsor or PERM labor certification. This makes it the most accessible direct green card pathway for independent professionals and entrepreneurs.

Advanced Degree or Exceptional Ability

You must qualify as an EB-2 through either an advanced degree (master's or higher, or bachelor's plus 5 years progressive experience) or exceptional ability in your field, defined as a degree of expertise significantly above the norm.

Evidence Package Required

Unlike a visa, the NIW petition requires an extensive evidence package, recommendation letters, publication record, citations, awards, expert opinions. Avvale writes the business plan component and advisory statement that ties this evidence together under the Dhanasar framework.

The EB-2 NIW Documents Avvale Prepares

For EB-2 NIW, the key written documents are a Dhanasar-structured advisory statement (sometimes called a "business plan") and an impact narrative. Here's exactly what we produce.

Dhanasar Advisory Statement

The core written argument for your NIW petition, a structured document that directly addresses all three Dhanasar prongs with evidence citations, specific impact claims, and a compelling narrative for why waiving the job offer requirement benefits the United States.

Proposed Endeavour Description

A clear, specific description of your proposed work in the United States, distinct from your past work, described in terms of national significance and potential impact. USCIS reviews this as the foundation of Prong 1.

Future Plans & Impact Roadmap

For entrepreneurs and researchers: a structured roadmap of what you will accomplish in the US, how it will create economic or social benefit, and why the US specifically benefits from your presence.

Evidence Framework

A structured overview helping your attorney organise supporting evidence, citations, recommendation letters, grants received, publications, media coverage, aligned to the three Dhanasar prongs.

How We Prepare Your EB-2 NIW Documents

1

Free Consultation

We assess your field, credentials, and proposed endeavour against the Dhanasar three-prong framework.

2

NIW Brief

Structured questionnaire covering your proposed endeavour, evidence, publications, impact, and future US plans.

3

Dhanasar Drafting

Advisory statement written to directly address all three prongs with specific evidence and impact claims.

4

Attorney-Ready Package

Documents formatted for inclusion in your I-140 self-petition package by your immigration attorney.

EB-2 NIW Document Packages

Essential

From $1,500 / package

For professionals with a clear, well-documented proposed endeavour and strong evidence base.

  • Dhanasar advisory statement
  • Proposed endeavour description
  • 3-prong structured argument
  • Evidence framework overview
  • 1 revision round
  • 10–14 day delivery
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Premium

From $4,500 / package

For entrepreneurs, complex interdisciplinary work, or RFE response support.

  • Comprehensive advisory statement
  • Full entrepreneur business plan (if applicable)
  • Economic impact analysis
  • Dedicated consultant
  • Attorney coordination support
  • RFE response support
  • Unlimited revisions (30 days)
  • Rush available
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EB-2 NIW, FAQs

What is the Dhanasar framework?
The Dhanasar framework is the three-prong standard established by the USCIS Administrative Appeals Office in 2016 (Matter of Dhanasar) for evaluating EB-2 National Interest Waiver petitions. It replaced the older NYSDOT standard. Every EB-2 NIW petition filed after 2016 is evaluated against: (1) substantial merit and national importance; (2) well positioned to advance the endeavour; (3) on balance, beneficial to waive the job offer requirement.
Do I need a business plan for an EB-2 NIW petition?
Not strictly, in the traditional sense. What you need is an advisory statement or "proposed endeavour" document that directly addresses the Dhanasar three prongs. For entrepreneurs, this functions as a business plan. For researchers and physicians, it is more of a research impact statement. Avvale writes both types, the document is structured specifically for the Dhanasar framework regardless of your profession.
What qualifies as "national importance" for EB-2 NIW?
National importance under Dhanasar means the work has the potential to broadly benefit US society, not just a single employer or region. USCIS has found national importance in fields including STEM research, healthcare, clean energy, infrastructure, education, and entrepreneurship that creates jobs or economic value. The impact does not need to be immediate, potential future benefit can satisfy the standard.
Can entrepreneurs use the EB-2 NIW pathway?
Yes, and increasingly successfully since Dhanasar broadened the standard. Entrepreneurs whose ventures create jobs, advance technology, or address nationally significant problems can petition under EB-2 NIW. The petition must demonstrate that the proposed business endeavour has substantial merit and national importance, and that the founder is well positioned to advance it. A well-structured business plan and advisory statement is particularly important for entrepreneur petitions.
How is EB-2 NIW different from EB-1A?
EB-1A (Extraordinary Ability) requires demonstrating that you are among the very top in your field globally, a significantly higher standard. EB-2 NIW requires demonstrating advanced degree or exceptional ability plus national interest, a more accessible threshold. EB-1A has no priority date queue for most nationalities; EB-2 NIW has varying wait times depending on your birth country. Many professionals who don't qualify for EB-1A can qualify for EB-2 NIW.

Ready to Build Your EB-2 NIW Petition Package?

Book a free 30-minute consultation. We'll assess your proposed endeavour against the Dhanasar framework and tell you whether you have a strong case before you commit.

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