IANAL, not legal advice, etc.
The NIW specifically waives the PERM, but everything else is basically the same. There's 2 parts:
- Advanced degree (ie masters or PhD) or exceptional ability, more specifically 3 of the following 6:
> An official academic record showing that the beneficiary has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
> Evidence in the form of letter(s) from current or former employer(s) showing that the beneficiary has at least 10 years of full-time experience in the occupation in which he or she is being sought;
> A license to practice the profession or certification for a particular profession or occupation;
> Evidence that the beneficiary has commanded a salary or other remuneration for services that demonstrates exceptional ability. (To satisfy this criterion, the evidence must show that the beneficiary has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field);
> Evidence of membership in professional associations; and
> Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
For you patent + salary + winning competitions is probably good enough.
- Waiver is in the "national interest" of the US, which has 3 prongs:
> The person’s proposed endeavor has both substantial merit and national importance;
This may be the hardest portion for you. To quote the manual:
> In determining national importance, the officer’s analysis should focus on what the beneficiary will be doing rather than the specific occupational classification ... if the evidence of record demonstrates that the person’s proposed endeavor has the significant potential to broadly enhance societal welfare or cultural or artistic enrichment, or to contribute to the advancement of a valuable technology or field of study, it may rise to the level of national importance
Depending on what you and your startup does, this may either be very hard or very easy. You have to show that you'll be working on something that "may rise to the level of national importance", which hopefully your startup is doing.
> The person is well positioned to advance the proposed endeavor; and
You're already working as an engineer, presumably doing the thing you said you'll do in prong 1. A freebie.
> On balance, it would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirements.
This also has 3 factors:
> The impracticality of a labor certification application;
> The benefit to the United States from the prospective noncitizen’s contributions, even if other U.S. workers were also available; and
> The national interest in the person’s contributions is sufficiently urgent, such as U.S. competitiveness in STEM fields.
Usually STEM people get through on the 2nd or 3rd part, especially if the factors in prongs 1 and 2 are good enough.
If I were you, I would focus your letters on the national importance of what you're doing and on the 3rd prong of how you'll be beneficial to the country. This is where lawyers are really helpful in drafting the letters, but you may choose to do that on your own. Read https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-... the entire chapter very carefully beforehand though.