A Management Consultant’s Guide to Working in the United States with an EB-2 NIW Visa 

A big part of the appeal of the American EB-2 NIW Visa program lies in the fact that it is flexible enough to accommodate a wide range of professions, skill sets, and talents. Given the large and diverse needs of the U.S. economy when it comes to specialized knowledge, it’s no surprise that accomplished applicants from just about every professional background you can think of have used the EB-2 NIW to advance their careers in America.  

That includes those with a background in Management Consulting. Applicants with especially impressive achievements and experience in this field have found success with the EB-2 NIW, and that’s why we organized a video podcast dedicated to the topic.  

A Management Consultant’s Guide to Working in the United States with an EB-2 NIW Visa is a must-watch for anyone in Management Consultancy who may be looking at career options. It’s full of detailed information, useful advice, and professional insights that can help anyone move their plans forward.  

Watch our full online presentation about Management Consultants and the EB-2 NIW visa program with special guest Amin R. Yacoub. 

For expert guidance and commentary on the subject, we were joined by Amin R. Yacoub, an experienced immigration attorney from Orlando who’s helped countless professionals navigate the EB-2 NIW application process. 

Watch the entire presentation at the link above or read the highlights of the conversation below. 

How is the EB2-NIW visa different from other employment-based visas? 

The conversation starts out with some basic information about the nature and purpose of the EB-2 NIW visa program.  

“The regular way of doing employment-based immigration visas is to go before the Department of Labor and get a labor certification,” says Amin. “Congress, in the ENA Act in 1990, actually enacted this law to make sure that foreigners do not replace Americans. So, they created a specific exception for the EB2-NIW. And that’s why we say it’s a waiver from the labor certification.” 

“The regular way is you have to obtain a full-time job offer, obtain labor certification before you get that employment visa, and then adjust status. But with the waiver, we waive the full-time job offer. We also waive the labor certification process, which takes at least a year and a half. So we waive all these requirements. We go ahead and apply before USCIS, skipping the whole Department of Labor.” 

What are the main steps to apply for the EB2-NIW visa? 

“The first step is to gather documents and evidence. So we usually ask clients, to please provide evaluations for credentials, academic credentials, and so on. If they have a Master’s degree, they would have to provide proof of it. If it’s from a foreign university, we require certified translations if it’s not in English, plus evaluation to prove it’s equivalent to a US-based Master’s degree.” 

“From that point, we work with the client to describe the proposed endeavor, which must be much more specific than just the general field. For example, a doctor cannot just say, ‘I’m going to be a doctor in the US.’ It has to be more specific, like, ‘I’m going to be a doctor conducting research to reduce or stop degenerative diseases.’ Then, we prepare the immigration forms, draft the petition, and submit the case. For non-scholars, we also create a business plan, and for scholars, we compile their scholarship and academic articles.” 

What enhances a Management Consultant’s case for the EB2-NIW? 

“Management consultants are businesspeople. Business is one of the categories covered under the EB2-NIW. In the Matter of Dhanasar, a landmark case that provided the framework for EB2-NIW, it said any development in business or science is covered. But we have to craft a very specific narrative to argue that the management consultant will bring something unique to the field that would advance it forward, even slightly.” 

“For example, they might develop a process, technique, or methodology to improve efficiency. We would have to prove that this contribution has substantial merit and national importance. National importance is typically broken into categories like whether it increases welfare for Americans, aligns with U.S. government initiatives, or has economic impact through taxation or job creation. If any of these points are weak, the chances of approval go down significantly.” 

What are the essential documents needed for an EB2-NIW application? 

“The essential documents include credentials, which need to be evaluated if they’re not from the U.S. This would be a Master’s degree or a Bachelor’s degree with five years of post-baccalaureate experience. Experience obtained before earning the Bachelor’s degree does not count.” 

“Then, for entrepreneurs, we need a detailed business plan outlining their venture, its goals, and its potential impact. For non-entrepreneurs or scholars, we compile their scholarly contributions, such as published articles. Recommendation letters and, sometimes, expert letters are also crucial. These letters must highlight the petitioner’s past contributions and the importance of their proposed endeavor. Evidence of communication with interested parties, like letters of intent from investors or collaborators, strengthens the case. Lastly, publications or any online presence showcasing the applicant’s work can be valuable supporting evidence.” 

What are the most common challenges for EB2-NIW applicants, particularly for management consultants? 

“The biggest challenge is proving the national importance of the proposed endeavor. Applicants often think too broadly. For instance, they might focus on how the entire industry will grow, but they fail to explain how their specific contribution will drive that growth.” 

“USCIS officers need to see a clear cause-and-effect link: ‘This person’s work will lead to this result, which will impact the industry in this way.’ Another common issue is showing serious steps toward achieving the endeavor. USCIS officers may be skeptical if an applicant hasn’t reached out to interested parties, secured letters of intent from investors, or demonstrated tangible efforts to establish their business in the U.S. For applicants outside the U.S., it can be especially challenging to prove that they’re taking these steps. Without clear evidence, like email communications with potential partners or plans for office space, the application risks receiving an RFE (Request for Evidence) or even a denial.” 

These are just some of the takeaways you’ll find in the full version of A Management Consultant’s Guide to Working in the United States with an EB-2 NIW Visa with special guest Amin R. Yacoub. Watch the full recording of the webinar on Joorney’s YouTube channel. 

Reach out to us today to learn how we can provide a comprehensive business plan for your project that is aligned with the requirements of the EB-2 NIW visa.