企业家的EB2国家利益豁免绿卡申请 - The Three-Prong Test for EB2 National Interest Waiver Applicants as Entrepreneurs
The USCIS has determined that the EB2 National Interest Waiver (NIW) is an option for entrepreneurs' Green Card application, because it does not require a PERM Labor Certification, or a specific job offer. Thus, it eliminates the "ownership" difficult in the Labor Certification process, and it could be a viable option for a successful entrepreneur..
The EB2 National Interest Waiver category has its own challenges for foreign entrepreneurs, and NIW's Three-Prong test requirement is also applied for the foreign entrepreneurs:
1) must seek employment in an area that has substantial intrinsic merit;
2) must demonstrate that the proposed benefit will be national in scope; and
3) must demonstrate that it would be contrary to the national interest to potentially deprive the prospective employer of the services of the waiver applicant by making available to U.S. workers the position sought by the NIW applicant.
For an alien entrepreneur, even no actual job offer or employment offer is required, it is necessary to show that the alien's presence in U.S. would serve the U.S. national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.
USCIS' announcement has provided an avenue to U.S. permanent residence via entrepreneurship. But it is important to understand the potential hurdles that may limit the eligibility for alien entrepreneurs to apply for EB2 National Interest Waiver.