Navigating EB-1 and EB-2 NIW Applications: The Importance of Expert Opinion Letters

When applying for the EB-1 (extraordinary ability) or EB-2 with a National Interest Waiver (NIW), entrepreneurs face the challenge of demonstrating both their past achievements and their ability to advance an endeavor of national importance in the U.S. Expert Opinion Letters (sometimes called Independent Advisory Opinion Letters) are an effective way to support a visa petition. When produced effectively, they provide an authoritative, independent voice that reinforces a petitioner’s qualifications and business plan.

Below, I explain why these letters matter, how immigration business plans fit in, and how Expert Opinion Letters can be crafted to meet Dhanasar standards.

Part 1: Business Endeavors in EB-1 and NIW Cases

For entrepreneurs, starting a business is often central to their proposed endeavor. USCIS requires petitioners to show that their work is credible, ongoing, and significant. Establishing a business helps demonstrate where and how the applicant will continue their activity, and why it matters for the U.S. economy or society.

USCIS officers often issue Requests for Evidence (RFEs) asking for more detail on the endeavor. They want to see feasibility, market demand, contracts, or a structured plan. A solid business plan can help to address these concerns. According to the USCIS Policy Manual, after Matter of Dhanasar, a petitioner must show:

1. The endeavor has substantial merit and national importance.

2. They are well-positioned to carry it out.

3. It benefits the U.S. to waive labor certification. (USCIS)

   
   

Understanding Substantial Merit

Substantial merit refers to the significance of the proposed endeavor. It should contribute positively to the U.S. economy, culture, or society. This can include creating jobs, advancing technology, or addressing critical needs.

Importance of National Interest

National interest involves the broader implications of your work. It should benefit not just you but also the community or the nation as a whole. This is crucial for meeting the NIW criteria.

Part 2: Immigration Business Plan Services

A business plan is more than a financial document—it becomes evidence in your case. That is why many entrepreneurs rely on firms specializing in immigration business plans. Perhaps the three best recognized providers are VisaBusinessPlans.com, Joorney.com, and GuidedVenture.com.

• VisaBusinessPlans.com says:

“One of the key requirements for an EB‑2 National Interest Waiver (NIW) petition is presenting a detailed explanation of the proposed endeavor. This narrative allows USCIS to carefully evaluate whether the applicant’s work has substantial merit and national importance and whether they are well-positioned to advance their field.” (visabusinessplans.com)

• GuidedVenture.com emphasizes quality and customization:

“An immigration business plan is essential for both visa approval and business success. It must be actionable, demonstrating viability, job creation, and market potential.” (*guidedventure.com

GuidedVenture highlights in an EB‑2 NIW success story that:

“The benefits to the United States must extend beyond a petitioner’s direct clients. For example, while Flavia’s compliance consulting services will save her clients time and money while ensuring adherence to international regulatory requirements, this alone is insufficient to meet the criteria for an NIW.” (*guidedventure.com

Because USCIS may question the viability of a business if it appears the plan was written only for immigration purposes, approaches that also demonstrate how the business will operate and succeed in practice can provide a stronger foundation.

Launching Your Business

Some companies may also help you to launch your business after your visa is approved. We recommend comparing providers based on both their visa experience and their business credentials. This ensures that you receive comprehensive support throughout the process.

Part 3: Role of Expert Opinion Letters (Independent Advisory Opinion Letters)

Expert Opinion Letters complement business plans by offering an outside perspective from recognized authorities in your field. They help in several key ways:

1. Confirming Credentials: For EB-1, letters establish that the petitioner has sustained acclaim and recognition, which supports the USCIS “final merits” determination. (USCIS)

2. Supporting Dhanasar’s Three Prongs:

3. Substantial Merit & National Importance: Experts explain how the endeavor benefits the U.S. at a broader level.

4. Well-Positioned to Advance: Letters attest to the petitioner’s skills, past performance, and resources.

5. Balance of Interests: Experts can argue why waiving the labor certification process benefits the U.S., especially when the entrepreneur is self-employed.

6. Addressing RFEs: Many RFEs focus on the credibility of the endeavor. Expert Opinion Letters can fill gaps and provide a trusted assessment of feasibility and impact.

   
   

Crafting Effective Expert Opinion Letters

When crafting Expert Opinion Letters, it is essential to ensure that they are tailored to your specific situation. The letter should highlight your achievements, the significance of your work, and how it aligns with national interests. This personalized approach increases the chances of a favorable outcome.

Part 4: Law Firms Emphasize Expert Opinion Letters as Important to Your Petition

It is common for attorneys to recommend that their clients work with Expert Opinion Letter providers. As an example, the firms below highlight the importance of combining Expert Opinion Letters with business plans:

• Law Offices of Gevork Arutunian PLLC emphasize how letters of support and plans are evaluated under updated USCIS guidance. (arutlaw.com)

• Global Talent Immigration Law Group stresses that successful NIW petitions often require both plans and Expert Opinion Letters. (globaltalentlaw.com)

• The Seltzer Firm advises on framing endeavors under Dhanasar, noting that expert validation often tips the balance. (theseltzerfirm.com)

  
  

The Importance of Collaboration

Collaborating with legal experts and advisors can significantly enhance your application. They can provide insights into the nuances of the USCIS process and help you prepare the necessary documentation effectively.

Conclusion

For entrepreneurs, Expert Opinion Letters (sometimes called Independent Advisory Opinion Letters) and professional business plans are more than supporting documents; they are core evidence in an EB-1 or NIW petition. Together, they show that your endeavor has merit, that you are well positioned, and that granting your petition serves the national interest. Entrepreneurs should invest in both and consult with attorneys experienced in tailoring these materials to meet USCIS expectations. By doing so, you can navigate the complexities of the immigration process more effectively and increase your chances of success.