How Many Employees Do You Need to Qualify for EB2 NIW?

The EB2 NIW (National Interest Waiver) visa is an attractive option for foreign nationals seeking permanent residency in the United States. This visa category allows individuals with advanced degrees or exceptional abilities to self-sponsor their applications without requiring a job offer from a U.S. employer. While there is no specific requirement for the number of employees a business must have to qualify for EB2 NIW, demonstrating a significant impact on the U.S. economy and job market can strengthen your application.

Key Points About Employee Requirements

No Minimum Requirement

There is no official minimum number of employees required for an EB2 NIW application.

Impact Matters Most

The quality of impact on the U.S. economy is more important than the number of employees.

Overall Strength

USCIS evaluates the overall strength of your business model and contributions.

Employee Count Visualized

EB2 NIW applications have been approved with various team sizes, from solo entrepreneurs to companies with 100+ employees.

Real Case Examples

Case 1: Tech Startup

5 Employees

Background

Alex, a software engineer, founded a tech startup focused on developing innovative software solutions for small businesses.

Key Success Factors

Demonstrated significant revenue growth
Strong business model with potential for expansion
Software solutions helped small businesses improve efficiency
Addressed a critical need in the U.S. economy

Outcome: Approved

Case 2: Manufacturing

50 Employees

Background

Maria owned a manufacturing company that produced eco-friendly packaging materials.

Key Success Factors

Created jobs in a region with high unemployment
Substantial contributions to the local economy
Reduced environmental impact through sustainable practices
Evidence of increased local spending

Outcome: Approved

Case 3: Research Org

20 Employees

Background

Dr. John led a research organization focused on developing new medical technologies.

Key Success Factors

Innovative research with potential to improve healthcare
Partnerships with universities and hospitals
Demonstrated capacity for impactful work
Publications and recognition in the field

Outcome: Approved

What Matters More Than Employee Count

Factor	Importance Level	Description
National Impact	Critical	How your work benefits the U.S. economy or national interests
Business Viability	High	Evidence of sustainable business model and growth potential
Job Creation Potential	High	Ability to create jobs in the future, even if current team is small
Current Employee Count	Medium	Number of current employees (no minimum requirement)
Expert Recognition	High	Evidence of your exceptional ability in the field

Conclusion

While there is no specific employee count required for EB2 NIW eligibility, having a substantial workforce can enhance your application by demonstrating business viability and economic contribution. Real case examples show that both small startups and larger companies can successfully navigate the EB2 NIW application process by effectively showcasing their impact on the U.S. economy and addressing national interests. Applicants should focus on the overall strength of their business model, contributions, and the significance of their work in their field rather than solely on the number of employees.

EB2 NIW Employee Requirements