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July 22, 2026

EB-2 NIW for Startup Founders (2026): Requirements, Fees, Processing Time, and Self-Petition Strategy

The EB-2 NIW lets startup founders self-petition for a U.S. green card without employer sponsorship, as long as the work serves the national interest under the Dhanasar test.

Written by

Rachel Asir

Latest Articles

For Founders

EB-1A for Product and Design Leaders: Reframing Industry Impact

TN

Product managers and design leaders can qualify for EB-1A too — their evidence just needs translating into USCIS's 10 criteria: awards, press coverage, judging roles, adopted design systems/frameworks, leadership roles, and benchmarked high pay.

For Founders

EB-1A for Software Engineers: What Evidence Actually Wins

TN

The EB-1A doesn't require a PhD or academic credentials — it's an evidence test senior software engineers routinely meet through open source impact, technical leadership, patents, high pay, and industry recognition, mapped to USCIS's 10 criteria.

For Founders

EB-2 NIW for AI Researchers: How to Prove National Importance in 2026

TN

The EB-2 NIW gives AI researchers a self-petitioned U.S. green card path by proving their research satisfies Dhanasar's three prongs: national importance, positioning to advance it, and net benefit from waiving a job offer.

For Founders

Can a Startup Sponsor an H-1B? Requirements, Cost, and Timeline

TN

Startups at any stage can sponsor an H-1B — success hinges on proving ability to pay, framing the role as a genuine specialty occupation, and documenting a real employer-employee relationship.

For Founders

H-1B vs. O-1A for Founders: Which Visa Actually Fits Your Startup?

TN

For most VC-backed founders, the O-1A beats the H-1B — faster, lottery-free, and evidence-based — though the 2025 rule change finally made founder-owned H-1B sponsorship a real, viable option.

For Founders

The 2026 Corporate Immigration Playbook for People Ops Leaders

TN

Immigration is now a core People Ops function — covering roughly a fifth of the U.S. workforce — built on five pillars: strategy, SOPs, case management, compliance readiness, and leadership reporting.

For Founders

How to Build an In-House Immigration Sponsorship Program in 90 Days

TN

A 90-day sprint turns reactive, crisis-driven immigration filing into a real operational program: policy, counsel, workflows, compliance tracking, and a green card track — built before you need it.

For Founders

H-1B Cap-Subject vs. Cap-Exempt: What Every People Ops Team Should Know

TN

Cap-exempt H-1B sponsorship skips the lottery entirely, and even for-profit employers can tap it through concurrent employment with candidates who already hold a cap-exempt role, like university research.

For Founders

Green Card Sponsorship as a Retention Strategy: The People Ops Playbook

TN

Green card sponsorship is a retention investment, not a legal expense — it costs far less than one employee's turnover and locks in top foreign-born talent for years when started early, not late.

Company News

LegalOS + YC: We're in the W26 Batch

H-1B

We're excited to announce that LegalOS has joined Y Combinator's Winter 2026 batch.

Visa Guides

EB-2 NIW: A Complete Guide

EB-1A

The EB-2 NIW lets qualified professionals and founders self-petition for a US green card with no employer sponsor, no job offer, and no PERM labor certification, as long as your work meets the Dhanasar test for national importance.

for founders

How to Self-Petition for an EB-2 NIW Visa Without an Employer

The EB-2 NIW lets qualified professionals and founders self-petition for a United States green card without an employer by proving their work benefits the national interest.

News & alerts

USCIS to Begin Accepting ACH Payments for Fees — and Phase Out Paper Checks & Money Orders

USCIS no longer accepts paper checks or money orders for mail filings and now requires ACH debit via Form G-1650 or card payment via Form G-1450.

visa guides

H-1B Visa 2027: The Complete Guide to Requirements, Wage-Weighted Selection, Process, and Fees

The H-1B visa is a United States employer-sponsored work visa for specialty occupations requiring at least a bachelor's degree, now allocated through a wage-weighted selection process starting with FY 2027.

visa guides

The EB-1A vs EB-2 NIW Explained: Requirements, Criteria, and Qualification Strategies

The EB-1A fits individuals with extraordinary acclaim across sciences, arts, education, business, or athletics, while the EB-2 NIW fits advanced-degree professionals whose work advances the U.S. national interest.

for founders

The Founder's Playbook: How to Meet the O-1A Visa Requirements

EB-2

The O-1A visa lets founders skip the H-1B lottery by proving extraordinary ability through three of eight criteria, with premium processing delivering a decision in 15 business days.

for founders

Starting a Business While on an H-1B Visa

Discover how you can start a business while on an H-1B visa in the U.S. Learn about legal considerations, visa compliance.

Company News

Legal Bullet is now LegalOS


We Rebranded Legal Bullet to LegalOS: Here’s Why

For Employers

New Office L-1s: What to Know

The new office L-1 visa lets multinational employers transfer a manager, executive, or specialized knowledge employee to launch a US subsidiary with no annual cap, no lottery, a one-year initial approval, and a direct path to the EB-1C green card.

For Employers

L-1 Visa Job Titles: Understanding Which Roles Qualify

L-1 visa eligibility turns on your actual job duties and organizational role, not your title, so a well-documented duty statement matters more than what appears on your business card.

For Employers

L-1A Visa vs EB-1C Visa


The L-1A visa transfers multinational executives and managers into American operations temporarily, while the EB-1C converts that same role into a green card with no PERM labor certification.

For Employees

Understanding the USCIS Request for Evidence (RFE) Process

A USCIS Request for Evidence is not a denial, it is a formal notice asking for more documentation, and a point-by-point response addressing every item is the fastest path from RFE to approval.

Visa Guides

L-1 Visa: A Complete Guide


The L-1 visa lets multinational employers transfer executives, managers, and specialized knowledge workers to U.S. offices with no annual cap, stays of up to seven years, and a direct green card path through EB-1C.

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LegalOS Inc. is not a law firm. The information and services presented are not legal advice and do not substitute the advice, guidance, or recommendation that a licensed immigration attorney can provide. LegalOS Inc., is not affiliated with USCIS or any government agency or website. Pricing for services does not include any government application, biometric or filing fees. If you are looking for blank forms, they are available for free at www.uscis.gov.