How to apply for an EB-2 NIW
7 mins read | Feb 10, 2026
TUKKI’S CHOICE OF BUSINESS MODELS TO IMPROVE THE US IMMIGRATION EXPERIENCE.
Contributor
Ramiro Roballos
Reading time
3 mins read
Date published
Aug 9, 2024
I'm still convinced that execution is more important than strategy. However, some strategic decisions can make or break your business.
One key decision is choosing the industry you want to enter. Many years ago at Kellogg, I read a statistic that stuck with me: 50% of a business's success depends on the industry you choose.
The next crucial decision is your business plan and positioning. Even though our team at Tukki chose to work in immigration, we could have gone in different directions, like selling software to lawyers or automating the immigration process to replace lawyers. Each option would lead to very different business models, clients, company types, required skills, and economic implications.
I’m asked a lot why we chose to work with lawyers instead of running other business model options. I’ll answer that in this article.
To make a significant impact in the industry, we need to address the biggest pain points, which do not lie with the lawyers, but with the immigrants.
After interviewing dozens of lawyers and immigrants, it became clear that immigrants face the most challenges: inefficient processes, lack of visibility, slow responses, stress, and uncertainty. While lawyers could benefit from better technology, we believed we could make a bigger impact by working directly with immigrants.
Additionally, we think that the pain points that immigrants currently experienced can't be solved by software alone. It requires a combination of software and operations. Great lawyers are part of the operations piece, but bringing in business best practices from other industries makes a huge difference for the immigration experience and ease of process for lawyers.
Involving immigration lawyers from the start is essential to providing the best service to immigrants — we’ve learned this from personal experience. Immigration law is complex and rarely clear-cut. You need the expertise and judgment of an experienced lawyer. While many steps in the process can be automated, there are moments where a lawyer's input is crucial, such as:
Additionally, obtaining a visa or a green card is a life-changing event; immigrants want a team they can rely on, someone to chat with and answer their questions. Our vision of the best immigration experience is the opposite of a self-service, impersonal experience with an AI. We believe in providing a warm, supportive environment with real human interaction.
People often ask, "If you still have lawyers on your team, why should I work with Tukki instead of going directly to a lawyer?"
We combine the best of both worlds: expert knowledge from lawyers and a highly efficient, customer-focused process enabled by our technology.
Neither can deliver the best experience to immigrants alone; you need both.
I admit, this approach didn't come without its challenges! It’s far more complicated to acquire customers, service them, get great lawyers, manage operations end-to-end, and build a great product than just focus on one section of the journey. Scaling is also much easier when you're building a B2B SaaS solution compared to managing operations. That's why, since day one, Tukki has obsessively focused on streamlining operations with technology to become exponentially more efficient and scalable than the status quo.
If you want to truly reinvent an industry, you need to go all in, and that's what we signed up for.
To tap into that expert knowledge from lawyers and efficient, customer-focused process enabled by our technology, start with our Visa Match tool, and find out what your best options for US immigration are.
WE CAN HELP
Need more clarity?
Find quick answers to frequent visa questions from our legal experts
What is the minimum investment required for an E-2 visa?
There is no fixed dollar amount in the law. Instead, the investment must be “substantial” relative to the type of business. In practice, amounts under $100,000 are often considered too low, while $150,000–$200,000 or more are typically viewed as stronger. Other factors—such as the number of employees, the type of activity, and the revenue generated—also play an important role. The E-2 is not judged only by a number, but by a combination of factors showing that the business is real, viable, and capable of supporting operations and jobs in the U.S.
Do I need a job offer or an employer to file an EB-1A application?
No. EB-1A allows self-petitioning.
You do not need a U.S. employer, a job offer, or a labor certification to file an EB-1A petition.
Who qualifies for an EB-2 NIW Green Card?
To qualify for an EB-2 NIW (National Interest Waiver), you must have either an advanced degree (master’s or higher), a bachelor’s degree with at least five years of progressive work experience, or demonstrate exceptional ability in your field.
Exceptional ability means a level of expertise significantly above the ordinary, proven by meeting at least three of six USCIS criteria, such as membership in professional associations, recognition from experts in your field, or a significant impact on your industry.
Additionally, you must show that your work benefits the U.S. in a meaningful way, such as improving the economy, advancing technology, enhancing healthcare, strengthening national security, or addressing other critical needs. USCIS evaluates this based on how important, urgent, and far-reaching your contributions are.
Can I extend my stay in the U.S. without leaving the country?
Yes, in some cases. You can request an extension or change of status with USCIS before your authorized stay expires.
Approval is not guaranteed, and it depends on your visa type and compliance with U.S. immigration rules.
How important is peer-reviewed research in EB-1A or EB-2 NIW cases?
It depends. For scientists and academics, publications in peer-reviewed journals are often a cornerstone of the case. For professionals in business, arts, or other industries, other types of evidence (press, awards, leadership, impact) may carry more weight.
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