How to Successfully Create a Cannabis Business Plan for an EB2 NIW

1. How to Successfully Create a Cannabis Business Plan for an EB2 NIW Referred to in the United States as the “Green Rush”, the cannabis business has been booming since many states have legalized both medical and recreational uses of the previously controlled substance. Although states have legalized it in multiple forms, immigrants must adhere to federal rules and regulations. However, one type of cannabis, hemp, was federally legalized in December 2018 paving the way for a successful EB2 NIW Business Plan option for a cannabis business. EB2 NIW Defined The Employment-Based Immigration: Second Preference (EB2) is a United States immigration option for foreigners with an advanced degrees or exceptional ability that have an employment offer from a United States company or business. One option under the EB2 is a National Interest Waiver (NIW). Unlike other options under the EB2, the NIW does not require the sponsorship of an employer, allowing the candidate to self-petition. This option is reserved for those that can prove their endeavor will have substantial merit and is of national importance. Hemp Defined The first step in a successful EB2 NIW Cannabis Business Plan is to understand what is federally legal. The federal government has only legalized hemp. Hemp has been defined by the government as cannabis containing 0.3% or less of tetrahydrocannabinol (THC), the

2. psychoactive substance in cannabis. EB2 NIW Cannabis Business Plan Challenges One of the main hurdles in proving an EB2 NIW business plan meets the requirements is showing that the cannabis business plan will bring significant benefit to the country. This is very hard to do in a market that has already become extremely competitive since federal legalization. In other words, there are already a number of current residents and citizens pursuing this option. However, it is possible to overcome this. The industry is still finding its footing and there is need for guidance and direction. If you are coming from a country where hemp has been legal for some time and you have significant experience with it, possibly paired with advanced farming and agricultural or sales and marketing degrees or experience, you could be successful. Specific Considerations for the EB2 NIW Business Plan First and foremost, you have to make sure your cannabis business plan is in full accordance with federal law. It may only apply to hemp as defined above, despite what state you plan to locate your business in or what the particular state laws are. Absolutely no EB2 NIW business plan will be considered unless it fully complies with federal law. The more you can prove your cannabis business plan has significant merit and will benefit the country, the more likely you are to have a successful application. One way to do this is through job creation. If your EB2 NIW business plan justifiably includes creating several jobs for existing citizens that is one way to show the plan has merit. If you can help facilitate the improvement of the industry, that may satisfy the need for proving “national importance” but, that term is vague at best and not clearly defined. If you can benefit an entire industry through consulting services for hemp farmers or hemp distributors for instance, you may be able to satisfy this requirement. Conclusion It is always advisable to consult immigration professionals before pursuing any immigration route but, that is especially true if you plan to pursue an EB2 NIW Business Plan that deals with hemp. Immigration consultants or lawyers are in the best position to advise you of your options and likelihood of case success under this specific option. If it is decided you will proceed, you should also consider a professional business plan writing firm to help prepare your application.