Can you Get an EB-2 NIW Visa with a Cannabis Business Plan?

Can you Get an EB-2 NIW Visa with a Cannabis Business Plan?

There are a number of business and employment-based immigration options in the United States.

One such option is the EB2-NIW. Like most business immigration paths, an EB2 NIW business plan is required to apply, and if you are thinking about a cannabis business plan, you will specifically need a Cannabis Business Plan.

This lends the question however, of whether or not a cannabis business plan can satisfy the requirements of a EB2-NIW application. Let’s explore if the criteria for an EB2-NIW to help answer that question: Substantial Merit and National Importance This is going to be the trickiest part of the EB2-NIW business plan. What defines “substantial merit” and “national importance” is a constantly moving target. Further, the interest domestically in cannabis business plans, creates another hurdle. You will not just be measured against others applying for the visa but, what is going on currently in the country.

Applicant is Well Positioned to Advance the Endeavor The cannabis business plan will go a long way in demonstrating that you, as the applicant, have the ability to run the endeavor successfully. After all, there will be no merit or benefit (the other two requirements) if what you lay out cannot be successfully achieved. This will be demonstrated in part through your resume or curriculum vitae (aka: CV). The point is made with far more impact in the EB2 NIW Business Plan, where the format allows you to connect the dots between experience and the application of that to the business.

Benefit to the United States to Waive Labour Requirement One of the best ways to show benefit to the United States to waive this requirement is through job creation. You can’t just make an unfounded claim that your endeavor will create a certain number of jobs. It must be substantiated throughout your cannabis business plan by information contained in sections like market research, personnel plan, and the financials.

Speaking of the financials, another way to demonstrate benefit is to indicate that the endeavor or entity will generate significant profits and therefor pay into taxes. Generating profits and paying corporate taxes helps the economy overall, just like job creation, and can drastically help your application.

Federal Legal Considerations Overscoring all of this is the federal legality of cannabis in the United States. While recreational and medical use of marijuana is legal on a state-by-state basis, the only form of federally legalized cannabis is hemp. Hemp, as defined in the 2018 Farm Bill, is cannabis with less than 0.3% tetrahydrocannabinol. Commonly referred to as THC, this is the psychoactive ingredient in cannabis.

Visa applications subscribe to federal law, regardless what state an applicant plans to live in. Therefor, only Cannabis Business Plans that deal with hemp would be able to be considered for an EB2-NIW. Conclusion In short, it will be extremely difficult but, may not be impossible. With the right immigration lawyer and a skilled immigration business plan, like those written by Joorney, you might just find success.

Make sure to hire professionals that truly understand the program and the requirements to give you the best possible chance of success.