The Proposed Endeavour: Key to a Successful EB-2 NIW Green Card Application
𝗬𝗼𝘂𝗿 𝗙𝘂𝘁𝘂𝗿𝗲 𝗶𝗻 𝘁𝗵𝗲 𝗨.𝗦. 𝗗𝗲𝗽𝗲𝗻𝗱𝘀 𝗼𝗻 𝗢𝗻𝗲 𝗤𝘂𝗲𝘀𝘁𝗶𝗼𝗻: 𝗪𝗵𝗮𝘁’𝘀 𝗬𝗼𝘂𝗿 𝗣𝗿𝗼𝗽𝗼𝘀𝗲𝗱 𝗘𝗻𝗱𝗲𝗮𝘃𝗼𝗿?
The Proposed Endeavor Is the 𝗕𝗮𝗰𝗸𝗯𝗼𝗻𝗲 of Your NIW Application. Get it right and you are halfway through.
My latest article answers your most important questions:
– What Does USCIS Look for in Your NIW Application?
– Key Components of a Strong Proposed Endeavour How to Strengthen Your EB-2 NIW Proposed Endeavor with Evidence
– The Most Common EB-2 NIW Proposed Endeavour Mistakes
The EB-2 National Interest Waiver (NIW) is a unique pathway to permanent residency for professionals with an advanced degree or exceptional ability. It allows individuals to self-petition for a green card without a job offer or labor certification if their work is deemed to be in the national interest of the U.S. A critical component of any successful NIW application is the proposed endeavor. This isn’t simply a job description; it’s a comprehensive plan demonstrating how your work will contribute to the betterment of the United States. U.S. Citizenship and Immigration Services (USCIS) relies heavily on the proposed endeavor to determine eligibility for this waiver.
What is the Proposed Endeavor?
The proposed endeavor is a detailed description of your planned professional activities, projects, or contributions in the United States and their significance. It’s not just about what job you’ll hold, but the broader impact you intend to make on your field and the country. It’s a forward-looking plan outlining your vision and potential contributions, emphasizing national importance rather than fulfilling the needs of a specific employer. The proposed endeavor is the foundation of your NIW case.
The Three-Prong Test and the Proposed Endeavor
USCIS evaluates NIW applications based on the Matter of Dhanasar decision, using a three-prong test:
- Substantial Merit and National Importance: Your proposed endeavor must have significant value and the potential to contribute positively to the U.S. It should address a national need or priority, benefiting more than just yourself or your employer.
- Well-Positioned to Advance the Proposed Endeavor: You must demonstrate the necessary qualifications, skills, experience, and resources to successfully carry out the proposed endeavor.
- Beneficial to the U.S. to Waive Labor Certification: It must be more beneficial to the U.S. to waive the job offer and labor certification requirements, justifying bypassing standard labor market protections. This implies your work is important enough to warrant this waiver.
The proposed endeavor directly relates to all three prongs. It is the work that must have substantial merit and national importance, that you must demonstrate the capability to advance, and that must be more beneficial to the U.S. than adherence to the labor certification process.
Key Components of a Strong Proposed Endeavor
A successful proposed endeavor should include:
- Clear and Specific Goals: Define your short-term and long-term goals, ensuring they are Specific, Measurable, Achievable, Relevant, and Time-bound (SMART). Avoid vague aspirations.
- Detailed Description: Provide a thorough description of the project’s phases, milestones, and expected outcomes. Outline the steps involved and the anticipated impact of each stage.
- Methodologies: Explain the approaches and strategies you’ll use to achieve your goals, highlighting your unique expertise and skills. What specific methods will you employ, and why are they appropriate for this endeavor?
- Feasibility: Demonstrate your ability to carry out the work by highlighting past successes, technical skills, and available resources (funding, collaborations, etc.). How will you overcome potential challenges?
- National Interest Connection: Explicitly explain how your endeavor aligns with national interests, contributes to national priorities, and provides measurable social, economic, or other benefits to the U.S. Connect your work to specific national goals or challenges.
Demonstrating Substantial Merit and National Importance
To ensure your proposed endeavor meets these criteria:
- Align with National Priorities: Connect your work to federal initiatives, legislation, or areas identified as critical by the government. Use official US government websites (e.g., whitehouse.gov, congress.gov) to demonstrate alignment with national goals.
- Show Broad Impact: Explain how your work will benefit multiple sectors or industries, addressing a nationwide challenge or impacting a large segment of the population. Avoid focusing on purely local or limited benefits.
- Provide Specific Examples: Use concrete examples, data, and statistics to illustrate the potential positive changes. The more specific you are, the more persuasive your case will be.
- Highlight Innovative Aspects: Emphasize any unique or groundbreaking approaches, technologies, or solutions your work brings. Show how it differs from or is better than what already exists.
- Show Potential for Scalability: Emphasize that your work can be replicated or expanded beyond a local context to have broader national effects.
- Show Measurable Impact: Provide tangible evidence demonstrating measurable impacts on the national or global community, not just vague benefits. Quantify your projected impact whenever possible.
Substantial merit means your work is of significant value and has the potential to contribute positively to the U.S. This can include advancing knowledge, technology, public health, economic growth (e.g., job creation), or societal improvement. National importance means your endeavor has the potential to make a significant impact at a national or even global level, rather than just benefiting a local area, specific group, or single company.
Common Mistakes to Avoid
Several common mistakes can weaken your proposed endeavor:
- Vague Descriptions: Avoid vague or overly broad descriptions. Be specific in your goals, plans, and methodologies.
- Lack of Clarity: Ensure your proposed endeavor is clear and accessible to those unfamiliar with your specific field. Avoid overly technical jargon.
- Limited Impact: The endeavor must extend beyond benefiting yourself, your company, or a small group.
- Not Aligning with National Interests: Failing to show how your endeavor addresses critical national needs or priorities is a major weakness.
- Focusing on the Job Description: Don’t simply describe what you will do; focus on the impact of your work and its contribution to the national interest.
- Ignoring Key Details: Include sufficient details about how your proposed endeavor serves the national interest.
- Lacking Evidence: Provide sufficient documentation to support your claims about the endeavor’s national importance.
Evidence to Support Your Proposed Endeavor
Provide strong evidence to support your proposed endeavor, including:
- Peer-Reviewed Publications: Highlight your research contributions and their significance.
- Letters of Recommendation: Obtain detailed letters from respected authorities that specifically address your contributions and their impact on the national or global context. Avoid generic letters.
- Tangible Work Products: Demonstrate your leadership, innovation, or influence through patents, trademarks, prototypes, or other work products.
- Public Recognition: Include media mentions, awards, or other forms of public acknowledgment.
- Financial Support: Show grants, funding, or investments that demonstrate backing from reputable entities.
- Official US Sources: Use WhiteHouse.gov, Congress.gov, and other government websites to show how your endeavor aligns with national goals.
- Business Plans (for Entrepreneurs): Include detailed business plans outlining the vision, strategies, and financial projections.
- Excerpts from Publications: First pages (including title and abstract) of scholarly papers or articles are generally sufficient. Be prepared to provide full texts if requested by USCIS.
- Scholarships: Include information about scholarships you’ve received (even from other countries), as they demonstrate merit.
Frequently Asked Questions
- How important is the proposed endeavor in an NIW application?
The proposed endeavor is the most important element. It’s the backbone of the entire application, demonstrating the merit and national importance of your planned work and your ability to carry it out. Without a strong proposed endeavor, the application is likely to be denied.
- What happens if I can’t demonstrate my proposed endeavor?
If you cannot clearly articulate a proposed endeavor that meets the criteria, your NIW application will likely be denied. It’s crucial to establish the necessity of waiving the labor certification process.
- Can a weak proposed endeavor lead to NIW denial?
Yes. Even applicants with strong qualifications can be denied if their proposed endeavor is not well-defined, lacks detail, or fails to demonstrate substantial benefit to the U.S.
- How can I strengthen my proposed endeavor?
Clearly define your goals, ensuring they align with national priorities and offer measurable benefits. Focus on a well-defined field, avoid overly broad goals, and explicitly detail how the proposed work will evolve and its expected outcomes. Provide robust evidence, including publications, letters of recommendation, and work products.
- What kind of evidence is needed?
See the “Evidence to Support Your Proposed Endeavor” section above.
Conclusion
The proposed endeavor is the cornerstone of your EB-2 NIW application. It’s your opportunity to demonstrate your potential contributions to the United States and make a clear case for why you deserve a waiver of the standard labor certification requirements. By carefully planning, providing strong evidence, and clearly articulating the national importance of your work, you significantly increase your chances of NIW approval. Consult with an immigration attorney to discuss your specific situation and how to craft the strongest possible proposed endeavor for your application.
Amir Ismail is a global immigration expert with an in-depth understanding of EB-2 NIW petitions. Feel free to get in touch if you have any questions.
