US BUSINESS IMMIGRATION

The EB-2 United States Startup Investment Program

EB-2 NIW (National Interest Waiver) for Startup Entrepreneurs

The EB-2 United States Startup Investment Program is a streamlined immigration pathway designed for accomplished entrepreneurs. It empowers entrepreneurs to establish startups focused on technology development that aligns with US national interests. These startups must be certified by reputable investment institutions and commit to research support from government-affiliated R&D institutions.

This program provides a unique immigration opportunity at a lower cost compared to other US investment immigration routes such as the EB-5, which typically require investments exceeding $800,000. By obtaining certification for technology development support from leading research institutions in the United States,this program offers a cost-effective immigration pathway.

Furthermore, the program ensures a prompt and assured acquisition of US permanent residency for both investors and their family members.

US Immigration

Advantages of the EB-2 NIW United States Startup Investment Program

No English proficiency requirement.
Allows the applicant, spouse, and children under 21 to obtain permanent residency together.
No restrictions on the place of residence within the United States.
Provides freedom to work in the United States (applies to both spouse and children).
Offers the fastest processing time compared to other employment/investment immigration programs.
Certification of startup investment by reputable investment institutions and immigration processing handled by local US attorneys.
No English proficiency requirement.
Allows the applicant, spouse, and children under 21 to obtain permanent residency together.
No restrictions on the place of residence within the United States.
Provides freedom to work in the United States (applies to both spouse and children).
Offers the fastest processing time compared to other employment/investment immigration programs.
Certification of startup investment by reputable investment institutions and immigration processing handled by local US attorneys.

What is EB-2?

EB-2 refers to the second preference immigrant category under the United States immigration law. It is a green card category based on employment, typically sponsored by an employer.
Here's an overview of the US immigration application categories:

EB-2 refers to the second preference immigrant category under the United States
immigration law. It is a green card category based on employment, typically sponsored
by an employer.

U.S. Immigrant Categories

Applicants
Details
EB-1
Priority Workers
Individuals with extraordinary ability, outstanding professors and researchers, multinational managers and executives.
EB-2
Professionals with Advanced Degrees or Persons with Exceptional Ability
Individuals with advanced degrees, exceptional abilities in the fields of science, arts, or business, or qualified physicians.
EB-3
Skilled Workers and Professionals/ Unskilled Workers (Other Workers)
Skilled workers with at least two years of experience, professionals with a bachelor's degree, and unskilled workers (such as farmworkers).
EB-4
Special Immigrants
Religious workers, certain special immigrant categories, employees of international organizations.
EB-5
Immigrant Investors
Investors who invest at least $900,000 (primarily in targeted employment areas, often rural areas) and create employment for at least 10 US workers for a minimum of two years, leading to green card issuance.
U.S. Immigrant Categories Applicants Details
EB-1
Priority Workers
Individuals with extraordinary ability, outstanding professors and researchers, multinational managers and executives.
EB-2
Professionals with Advanced Degrees or Persons with Exceptional Ability
Individuals with advanced degrees, exceptional abilities in the fields of science, arts, or business, or qualified physicians.
EB-3
Skilled Workers and Professionals / Unskilled Workers (Other Workers)
Skilled workers with at least two years of experience, professionals with a bachelor’s degree, and unskilled workers (such as farmworkers).
EB-4
Special Immigrants
Religious workers, certain special immigrant categories, employees of international organizations.
EB-5
Immigrant Investors
Investors who invest at least $900,000 (primarily in targeted employment areas, often rural areas) and create employment for at least 10 US workers for a minimum of two years, leading to green card issuance.

What is NIW?

NIW stands for National Interest Waiver. It is a provision that allows individuals to apply for a green card without the sponsorship of an employer, if their activities are deemed to be in the national interest of the United States.
It is a mechanism for obtaining employment-based permanent residency without the need for an employer sponsor, subject to qualification assessment.
This category is particularly relevant for STEM (Science, Technology, Engineering, and Mathematics) professionals and entrepreneurs/businesspersons.
It reflects the Biden administration's intention to attract top talent from abroad and its pro-immigration stance.
It offers a pathway for individuals to obtain US permanent residency based on their own merit.
It is a mechanism for obtaining employment-based permanent residency without the need for an employer sponsor, subject to qualification assessment.
This category is particularly relevant for STEM (Science, Technology, Engineering, and Mathematics) professionals and entrepreneurs/businesspersons.
It reflects the Biden administration's intention to attract top talent from abroad and its pro-immigration stance.
It offers a pathway for individuals to obtain US permanent residency based on their own merit.
The key lies in providing concrete evidence that demonstrates one's achievements and persuades adjudicators of how the applicant's abilities would benefit the national interest of the United States.

For entrepreneurs, preparing documents can be relatively challenging compared to high-tech engineers,
who find it easier to quantify their achievements, as entrepreneurs often hold papers, patents, and the like.

Introduced since January 30, 2023,
EB-2 NIW Premium Processing!

A measure reflecting the Biden administration's pro-immigration stance, allowing expedited processing ($2,500) with NIW adjudication results that traditionally took 6 months to 1year now received in just 45 days.
Within a maximum of 45 days after filing:
Receipt Notice
Within a maximum of 45 days after receiving RFE (Request for Evidence)
Step 1

Submission of I-140 Petition

Step 2

Adjudication in Process

Step 3

Additional Document Request (RFE)
(optional)

Step 4

Final Approval

Eligibility Requirements

Hold a Master's degree or higher.
Have a minimum of 5 years (typically 10 years or more) of practical and research experience directly related to the degree field.
As an entrepreneur or senior executive, provide documented business and career references.
Documentation demonstrating qualifications such as certifications or licenses relevant to the profession.

KEY FEATURES OF THE EB2 NIW
U.S. STARTUP INVESTMENT PROGRAM

KEY FEATURES OF THE EB2 NIW
U.S. STARTUP INVESTMENT PROGRAM
First introduced domestically in South Korea! Linked with US government- affiliated research institutions and government-certified investment agencies.
Suitable for independent immigration of highly educated individuals, experienced professionals, executives, senior officials, specialists, CEOs, entrepreneurs, and businesspersons.
Minimization of actual management involvement.
Utilization of the address of US government-affiliated research institutions as the headquarters for startups.

EB2 NIW Startup

VS

EB5 Regional Center

• Approximately one-third of EB5.
• Customized selection of business domains based on individual backgrounds.
• Guaranteed refund if NIW application is rejected.

Cost
Business Investment Field
Risk

• Minimum investment of $900,000 in rural areas and $1.8 million in urban areas.
• Requirement for domestic employment history and relevance; investment in established projects.
• Risk of investment recovery and issuance of permanent residency is borne by the individual.

EB2 Startup Investment Green Card Process

Estimated time from application submission to receiving permanent residency: Approximately 1 year.

Step 1

Contract with Investment Institution and Attorney

Step 2

Research and Development (R&D) and Business Plan Preparation

Step 3

Approval of Investment Support Confirmation

Step 4

EB2 NIW & Green Card Application

Step 5

Corporate Operation

Step 6

Approval of Permanent Residency

Based on current statistics, the process typically takes less than 1 year.

Based on current statistics, the process typically takes less than 1 year.

Would you like to learn more about the U.S. startup program?