Author: Growth FLPC
TN vs H-1B: Hiring Canadian and Mexican Professionals
TN vs H-1B: Hiring Canadian and Mexican Professionals By Kyle Farmer, Farmer Law PC, Austin, Texas. Last reviewed: November 9, 2026. Short answer: For a Canadian or Mexican citizen whose job is on the USMCA professions list, TN is usually faster and simpler than H-1B. There is no annual cap, no lottery and no labor…
E-2 Visa for Startups and Tech Founders: What Counts
E-2 Visa for Startups and Tech Founders: What Counts By Kyle Farmer, Farmer Law PC, Austin, Texas. Last reviewed: November 9, 2026. Short answer: A startup can support an E-2 visa if the founder is a treaty national, has personally invested or irrevocably committed a substantial amount, owns at least 50 percent or otherwise controls…
E-2 Visa Business Plan: What It Should Cover
E-2 Visa Business Plan: What It Should Cover By Kyle Farmer, Farmer Law PC, Austin, Texas. Last reviewed: November 9, 2026. Short answer: No regulation requires a document called an E-2 business plan, but State’s suggested E-2 document checklist lists “financial projections for next 5 years, supported by a thorough business plan” as evidence for…
E-2 Marginal Enterprise Test: What “More Than Marginal” Means
E-2 Marginal Enterprise Test: What “More Than Marginal” Means By Kyle Farmer, Farmer Law PC, Austin, Texas. Last reviewed: November 9, 2026. Short answer: An E-2 business cannot be marginal. Under 8 CFR 214.2(e)(15), a marginal enterprise is one without the present or future capacity to generate more than enough income to provide a minimal…
EB-1A Without a Job Offer: Showing You’ll Continue Work in Your Field
EB-1A Without a Job Offer: Showing You’ll Continue Work in Your Field By Kyle Farmer, Farmer Law PC, Austin, Texas. Last reviewed: November 9, 2026. Short answer: EB-1A does not require a job offer or a labor certification, and you can file the petition for yourself (8 CFR 204.5(h)(1), (h)(5)). But the petition must include…
EB-1A Comparable Evidence: When the 10 Criteria Don’t Fit Your Job
EB-1A Comparable Evidence: When the 10 Criteria Don’t Fit Your Job By Kyle Farmer, Farmer Law PC, Austin, Texas. Last reviewed: November 9, 2026. Short answer: If one of the 10 EB-1A evidence criteria does not readily apply to your occupation, the regulation lets you submit comparable evidence instead (8 CFR 204.5(h)(4)). You must explain,…
NIW for STEM and AI Researchers: What USCIS Looks At
NIW for STEM and AI Researchers: What USCIS Looks At By Kyle Farmer, Farmer Law PC, Austin, Texas. Last reviewed: November 9, 2026. Short answer: The USCIS Policy Manual gives specific guidance for national interest waiver petitions in science, technology, engineering and math. An advanced STEM degree, especially a Ph.D., tied to the proposed endeavor…
NIW for Physicians: Shortage Area and VA Service Rules
NIW for Physicians: Shortage Area and VA Service Rules By Kyle Farmer, Farmer Law PC, Austin, Texas. Last reviewed: November 9, 2026. Short answer: Physicians have their own national interest waiver. Under INA 203(b)(2)(B)(ii) and 8 CFR 204.12, USCIS must grant it to an EB-2 physician who agrees to work full time in clinical practice…
NIW Without an Advanced Degree: The Exceptional Ability Route
NIW Without an Advanced Degree: The Exceptional Ability Route By Kyle Farmer, Farmer Law PC, Austin, Texas. Last reviewed: November 9, 2026. Short answer: You can seek an EB-2 national interest waiver without an advanced degree if you qualify as a person of exceptional ability in the sciences, arts or business. You must meet at…
NIW With a Bachelor’s Degree: The 5-Years-of-Experience Rule
NIW With a Bachelor’s Degree: The 5-Years-of-Experience Rule By Kyle Farmer, Farmer Law PC, Austin, Texas. Last reviewed: November 9, 2026. Short answer: Yes, you can qualify for the EB-2 national interest waiver with a bachelor’s degree. The regulation treats a U.S. bachelor’s degree, or a foreign equivalent, followed by at least 5 years of…
