What is an EB-2 NIW Proposed Endeavor?
By Amber Davis, Principal Attorney at Waypoint Immigration USA, and Kate Luther
If you’re planning to pursue the EB-2 National Interest Waiver (NIW), then you already know it revolves around your proposed endeavor, generally defined as the work you are planning to do should the visa be granted. But creating a strong NIW petition is about more than just listing your professional accomplishments or pasting in sections from your resume.
Your proposed endeavor is about your work but also (and more importantly), why that work matters.
Telling USCIS that you’re an engineer or a researcher or a data scientist is a good start, but it doesn’t begin to cover the details you need to share.
Remember, you are asking the government to waive the PERM labor certification because your proposed work is in the national interest. You’ll also have to show that you are well positioned to advance that work (your skills and background can have an impact here), but that won’t carry much weight if you can’t convince USCIS that your work would benefit the United States.
So, what makes a proposed endeavor strong?
Be specific about what you plan to do.
Your occupation is not the same as your proposed endeavor. It identifies your profession or specialty, but it doesn’t tell USCIS enough about your goals.
Instead, you need to dig into the WHY.
Explain the work you want to pursue, the problems you’re trying to address, and talk about how you plan to approach it. And get specific. Layout (in detail) what it is you’re trying to accomplish, and describe it in layman’s terms as much as possible. The goal isn’t to make your endeavor sound impressive. It’s to make it concrete and meaningful.
The more you can define and illustrate your endeavor, the easier it will be for USCIS to understand your goals.
Explain why your work matters.
A proposed endeavor needs to demonstrate substantial merit and national importance. These are related but distinctly different elements:
Substantial merit centers around the value of the work itself.
National importance targets its potential impact and benefits.
Your goal is to figure out how your endeavor demonstrates both.
To do that, think about how your work might contribute to key areas and industries, including (but not limited to) healthcare, technology, scientific research, education, economic development, and infrastructure.
What will your work accomplish?
What problem or challenge does it solve?
How will it benefit the United States?
Don’t assume the connection is obvious. Your petition will be read by a USCIS officer who may or may not have knowledge of your particular field. So, paint them a picture. Give them a clear understanding of what you do and why it matters.
Connect your proposed endeavor to your expertise.
You’ve laid out what you want to do; now explain why you’re the one to do it.
Your proposed endeavor should “fit” with your professional background, and this can include a broad range of education and experience. Your research, your accomplishments, any specialized knowledge you might have; all of it should collectively demonstrate that you are the person to pursue your work.
This connection is important because USCIS will evaluate whether you’re well positioned to advance your endeavor. This is Prong #2 of the requirements laid out in Dhanasar, and it’s an essential piece of your NIW puzzle. Just make sure you tie it to what comes next.
Your past work provides the context for your future plans, so this isn’t so much about resting on your laurels as it is laying a foundation for how you plan to move forward and why you’re uniquely qualified to make it happen.
Bottom line: don’t focus on just listing credentials. Explain how your experience prepares you to take the next step.
Outline your plan and give it shape.
The NIW looks forward, not backward, so dig into where you want to go from here. Talk about your plan.
Where will you start? What milestones will you target?
You don’t have to predict every detail, but you should be able to show what you intend to do and how you think you'll do it. Be realistic and provide evidence to support your claims.
The goal here is to offer a proposal that’s ambitious but also achievable. It’s specific, forward-looking, and uniquely suited to your talents and skills.
Back it all up with evidence.
Your evidence is really the “meat” of your application and is something that requires thought and planning. Your petition gives the broader strokes for your plan; your evidence provides the foundation that shows you can bring it to life.
Depending on your particular field and goals, supporting evidence might include industry reports, research, business plans, examples of previous projects, letters of recommendation from other experts in your field, contracts, related awards, and media coverage.
How you structure and position your evidence is also crucial and it is important to remember that you don’t always have to provide documentation for everything you’ve ever done. The goal is to demonstrate the national importance of the meaningful work you plan to do.
That’s a very high bar.
If a piece of evidence or a particular accomplishment does not meet that level of merit and/or does not directly support your proposed endeavor, it might actually do more harm than good.
Working with an experienced immigration attorney can be especially invaluable here, and can help ensure you present a cohesive and compelling case.
Taking the Next Step
Spending time now to flesh out your endeavor can help you build a more cohesive NIW petition, and give you a better chance of success. Having an experienced immigration attorney can be invaluable in this process and help you create a customized petition that showcases your story.
If you’d like to talk about your case, explore your options, or take the next step, contact our office.
Book your consultation with a Waypoint attorney today.
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