If you are a dancer and plan to open a dance studio, and you can structure your enterprise in a way that brings substantial benefit to the national interest, you may qualify for an EB-2 National Interest Waiver, which can lead to U.S. permanent residency. Recently, the Administrative Appeals Office of USCIS reviewed a case involving a ballet director who filed an EB-2 National Interest Waiver (NIW) petition.¹ She planned to operate a dance studio that would “train professionals capable of entering the entertainment industry as theater, dance and musical theater performers, while at the same time fostering sociability, well-being and health through arts education.”²
Her appeal was denied, not because her idea lacked merit, but because she made significant mistakes in drafting her petition. As a cross-border U.S. and Canadian immigration lawyer based in Windsor, Ontario and serving clients in the Detroit, Michigan area, I have assisted professionals and individuals with exceptional abilities in pursuing EB-2 NIW petitions. This article explains what an EB-2 NIW is, how you can use it to obtain U.S. permanent residency, and how to build a strong case.
What Is an EB-2 NIW?
EB-2 NIW is short for “Employment-Based Second Preference National Interest Waiver.” If you are an advanced degree professional or have exceptional ability in the sciences, arts, or business, you may qualify.
Is an EB-2 NIW Popular? Does It Lead to U.S. Permanent Residency?
The answer to both questions is yes. EB-2 NIW petitions are popular because you do not need to be sponsored by a U.S. employer to apply. You also do not need to go through the labor certification process, which is a lengthy process that requires demonstrating to the U.S. Department of Labor that there are not enough qualified and willing U.S. workers to fill a position. An approved EB-2 NIW petition can lead to U.S. permanent residency. Since this is a green card option that does not require a U.S. petitioning employer, while many other green card options do, it is a very popular choice among professionals and individuals with exceptional abilities.
What Are the Qualifications for an EB-2 NIW?
In addition to have a bachelor’s degree with five years of progressive professional experience or having a master’s degree and having exceptional ability in the sciences, arts, or business, you must meet all three of the following criteria:
- Your proposed endeavor has both substantial merit and national importance;
- You are well-positioned to advance your proposed endeavor; and
- On balance, waiving the job offer requirement would benefit the United States.³
That third criterion may not be immediately clear, but what it means is that granting the waiver is more important than requiring a labor certification. A labor certification is intended to protect U.S. workers from losing jobs or facing lower pay and worse working conditions.
Does Establishing a Dance Studio for Performance and Wellness Have Substantial Merit?
Yes, it does. To establish “substantial merit” under EB-2 NIW regulations, you can pursue areas such as “culture, health, or education.”⁴ If you can explain how your dance studio will promote these goals, that can establish that your studio has substantial merit.
What Does USCIS Look for to Determine If an Endeavor Has National Importance?
What USCIS is looking for is your endeavor’s prospective impact. Relevant factors include:
- The significant potential to employ U.S. workers, particularly in an economically depressed area;
- Substantial positive economic effects;
- National or even global implications within the field; or
- Other broader implications indicating national importance.⁵
What Can You Do to Show the National Importance of Your Dance Studio?
I mentioned earlier that the ballet director made errors when creating her petition. To help you avoid those errors and strengthen your case, consider the following:
1. Show a Broader Impact
You must show and explain how your work would benefit individuals beyond your own students or program participants in a way that addresses public health or major social issues at a national level. If possible, explain how your classes are original or impactful on a national or global scale.
2. Show Significant Financial and Employment Projections
You need to show that your projected profits or the number of employees you plan to hire are significant for the dance industry or the broader economy. In your business plan, it is important to demonstrate that the jobs you will create are nationally significant.
3. Demonstrating Support for Underserved Communities Is a Plus
It may help your case to show that your studio will serve an underserved area or provide support to underserved communities.
4. Obtaining Support from Government Agencies and National Programs Can Strengthen Your Case
If you can obtain documentation showing that government agencies or national programs support your work, this can help establish that your work is nationally important. Vague and unsubstantiated assertions are not enough; you need to provide evidence.
5. Support Letters Should Address EB-2 NIW Criteria, Not Just Praise You
While letters of support that speak highly of you personally are nice, they will not win your EB-2 NIW case. Your support letters should discuss your proposed endeavor and explain how you meet the EB-2 NIW criteria. They should avoid discussing work you will perform outside of your proposed endeavor.
6. Working in an Area of National Interest Is Not Enough
Some EB-2 NIW applicants assume that working in a field the government considers important is sufficient to establish national importance. It is not. National importance, for EB-2 NIW purposes, focuses on your specific proposed endeavor. It is a common and serious mistake to assume that because your dance studio may help promote important government objectives, that alone is enough to establish national importance. You need to focus on your specific endeavor and articulate its distinct impact.
Conclusion – Contact Windsor, ON and Detroit, MI Immigration Lawyer for EB-2 NIW Representation
Being a dance teacher and opening a studio may be a viable path to U.S. permanent residency. However, it is important to formulate your petition in a way that will hold up to USCIS scrutiny. While this article focuses on the first criterion, which is substantial merit and national importance, you must also show that you are well-positioned to advance your proposed endeavor and that waiving the job offer requirement would benefit the United States. EB-2 NIW petitions are not straightforward and require a significant amount of evidence. It is highly advisable to seek competent legal help to ensure that you qualify (so you do not waste time and money) and to help craft an effective petition that gets approved and helps you achieve your goal of U.S. permanent residency while doing something you love.
As a cross-border U.S. and Canadian immigration lawyer based in Windsor, Ontario and serving clients in the Detroit, Michigan area, I have experience helping professionals navigate the EB-2 NIW process. If you are a dancer or artist considering this path, please reach out; I would be happy to discuss your case and help you determine whether this is the right option for you.
References
¹ All quotes and information are from In re 37287753, a March 6, 2025 non-precedent decision of the Administrative Appeals Office, unless otherwise noted.
² Id. at 2.
³ Id. at 1–2.
⁴ Id. at 2.
⁵ Id.
