Applying for EB2-NIW with a Search Fund business plan

searcher profile

August 11, 2024

by a searcher from The University of North Carolina at Chapel Hill - Kenan-Flagler Business School in Charlotte, NC, USA

Has anyone ever used a search fund business plan as an endeavor in the EB2-NIW process? Of all the attorneys I have talked to so far, none are familiar with the model but believe it might be a solid case.

I'd be happy to know more details if someone ever did that.

I don't see any issue, but who knows what the USCIS thinks?

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commentor profile
Reply by an investor
from Colby College in Miami Beach, FL, USA
Worth exploring some of the talent visas like O1 and EB1a. We have had success working with entrepreneurs on these categories. No issues with ownership % like the E2 visa. If you do not have a prior I-140 approved, the EB2 NIW can take 2-3+ years for you to have the immigration benefit. In our experience RFEs and rejections have increased for 'proposed' endeavors. USCIS likes to see the endeavor already in progress (you already operating an actual business) even though it allows for a 'proposed endeavor'.
commentor profile
Reply by a searcher
from Rochester Institute of Technology in Portland, OR, USA
Well, it might not be easy to fulfill the 3prongs test required for EB2-NIW with self funded search, your best bet will be through EB5. DM me if you want to have any questions (i got my GC through EB2-NIW)
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