EB-2 NIW Approval Empowers Entrepreneur to Build Jobs and Small Business Growth 

The RFE in this case raised a central question: could the client’s work with small and medium-sized businesses truly be shown to have national importance? While the Petition presented detailed plans, expert support, and strong evidence, the adjudicator suggested the endeavor was tied too closely to her individual employment rather than the broader impact she sought to deliver.  

This distinction mattered. The endeavor was never about a single role; it was about scaling a methodology designed to improve business resilience across industries and regions. By conflating employment with endeavor, USCIS risked missing how the work aligned with national priorities such as job creation, innovation, and competitiveness. 

The challenge, then, was to demonstrate that an EB-2 NIW for small business growth represented personal advancement and a clear benefit to the nation. As emphasized by Attorney Sanchez, “the key challenge was making USCIS see the endeavor as bigger than a single job title.  The case required reframing the client’s work so that adjudicators understood it as a national initiative to build resilient businesses, not just a continuation of her own career.” 

Similar issues have arisen in other cases, such as our EB-1A case study on how a coach’s vision for inclusive sports demonstrated extraordinary ability, where USCIS also questioned whether the endeavor was distinct from the employment itself. 

Our response set out to close the gap between how USCIS evaluated the case and what the evidence showed: 

We began first with clarifying national importance by drawing on authoritative data to underscore the role of small and medium-sized enterprises in driving employment, sustaining communities, and fueling innovation across the United States. From there, we separated the endeavor from employment and made clear that employment was only the means of delivery while the true subject of the petition was the replicable framework for business resilience she had developed. To prove her readiness, we highlighted her awards, past achievements, and a detailed business plan that projected hiring, investment, and growth in U.S. Opportunity Zones. Finally, we added independent validation through expert letters from economists and industry leaders who confirmed both the originality of her methodology and its potential to strengthen America’s economy. 

By structuring the response in this way, we turned the RFE into an opportunity to highlight the strengths of the case and show clearly how the endeavor serves the national interest. Reflecting on the strategy for the response, Attorney Sanchez explained, “I centered the methodology and supported it with hard evidence, expert letters, and a clear plan to operate in the U.S., and that combination helped USCIS see we weren’t describing a position, we were advancing a nationwide effort.” 

Through this reframing, the evidence demonstrated that the endeavor reached far beyond a single role and carried benefits that aligned with national interests. 

USCIS approved the EB-2 NIW for small business growth, affirming both the significance of the endeavor and the client’s ability to carry it forward. The decision validated years of achievement and cleared the way for contributions that will help U.S. enterprises grow stronger, create jobs, and adapt with resilience. In outlining the result of the case, Attorney Sanchez clarified that, “this approval meant a lot to me because it wasn’t just a success for one client. It showed that entrepreneurs who dedicate their careers to lifting small businesses can be recognized as advancing the national interest. I believe this decision opens the door for others who share that vision.” 

With approval secured, the next chapter turns vision into action. Plans include establishing a dedicated office in Charlotte, North Carolina, launching consulting services built on the FFA Methodology, and forming partnerships with local businesses, associations, universities, and government agencies. 

Key Takeaway: The EB-2 NIW affirms the promise of future contributions that create opportunity, nurture resilience, and strengthen America’s business economy.

If you’d like to explore whether an EB-2 NIW could support your own vision, we offer a free evaluation here.