Important Considerations if Your EB2 NIW Business Plan is a Cannabis Business Plan

Important Considerations if Your EB2 NIW Business Plan is a Cannabis Business Plan

One route to immigration in the United States is the Employment-based immigration: Second Preference (EB2) National Interest Waiver (NIW). New opportunities have been opening in the cannabis industry since changes were made at the federal level at the end of 2018. If you intend to follow this immigration path, an EB2 NIW business plan can be tremendously helpful. But, can your EB2 NIW Business Plan actually be a cannabis business plan as well? The answer: it depends.

EB2 NIW and Cannabis An EB2 visa is intended to allow professionals with advanced degrees, their equivalent, or exceptional ability apply that specialized, advanced knowledge to an American-based sponsoring employee. An NIW allows an applicant to apply for an EB2 visa without an existing employment offer if it can be demonstrated that it is in the best interest of the country. Proving this in the context of the legal cannabis industry will likely be very difficult, but it may not be impossible.

Federal vs. State Legality One thing that will immediately lead to your case being thrown out is if your EB2 NIW business plan includes any type of involvement with cannabis that is not legal at the federal level. Only certain types of cannabis are federally legal. More specially, only hemp has been federally legalized. According to the federal government, as laid out in the 2018 Farm Bill, hemp is defined as cannabis with less than 0.3% tetrahydrocannabinol, or THC, the chemical compound that creates the psychoactive effect.

In contrast, many states have legalized cannabis with higher concentrations of THC, for medicinal and/or recreational use. A Cannabis Business Plan will help you prove your worth and demonstrate how the skills you bring to the country will be of significant benefit. It also provides the platform to demonstrate you fully understand the legal implications of cannabis and will only be participating in the industry in a way that is in full compliance with federal laws.

This may mean participating in government sanctioned cannabis research or leading a hemp-derived CBD company that will provide a great deal of jobs to an economically depressed area. In either case, the EB2 NIW business plan is the perfect format to connect all the dots that are required for a successful application and demonstrate there is true merit to your endeavors.

Consult with Professionals So, yes, you can have an EB2 NIW business plan that also happens to be a Cannabis Business Plan, so long as it falls in line with federal laws, you can prove it is in the national interest of the country, and you are highly-skilled professional and your experience directly applies.

In order to be successful, you will need to put together the strongest case possible. This will require a deep knowledge of the immigration landscape as well as immigration laws. It is for these reasons it is recommended you consult an immigration attorney. They will know the best way to frame your EB2

NIW application and cannabis business plan.

You should also consider other immigration professionals such as immigration business plan writers. Joorney, for example, regularly works with immigration attorneys. They combine efforts to ensure that the EB2 NIW Business Plan ties in seamlessly with the application strategy, giving applicants the best chance at case success.