By Natalie McQuilkin 

The EB-2 National Interest Waiver (NIW) offers a unique pathway to a green card for those with an advanced degree or exceptional ability in the arts, sciences or business. While other employment-based green cards require applicants to undergo the lengthy labor certification process, the EB-2 NIW allows you to bypass this process altogether, as long as you can show that your work has substantial merit and national importance. In today’s blog post, we’ll guide you through everything you need to know about the proposed endeavor and how to provide supporting evidence for the EB-2 NIW application. 

What is the proposed endeavor? 

To receive approval for the EB-2 NIW, U.S. Citizenship and Immigration Services (USCIS) requires that you meet three “prongs,” which are as follows: 

• Your proposed endeavor has substantial merit and is nationally important to the U.S. 

• You are well-positioned to advance your proposed endeavor. 

• It would be beneficial for the U.S. to waive a job offer and labor certification because it is evident your work will benefit the country 

The first bullet point mentions the proposed endeavor, which is a key part of the EB-2 NIW application. The proposed endeavor is a succinct, 1- to 2-sentence statement that establishes your plan to do meritorious and nationally important work in the United States. In Matter of Dhanasar, a precedent decision that solidified the criteria for obtaining a National Interest Waiver, the Administrative Appeals Office (AAO) determined that “the first prong, substantial merit and national importance, focuses on the specific endeavor that the foreign national proposes to undertake. The endeavor’s merit may be demonstrated in a range of areas such as business, entrepreneurialism, science, technology, culture, health, or education.”  

The AAO further explained that “evidence that the endeavor has the potential to create a significant economic impact may be favorable but is not required, as an endeavor’s merit may be established without immediate or quantifiable economic impact. For example, endeavors related to research, pure science, and the furtherance of human knowledge may qualify, whether or not the potential accomplishments in those fields are likely to translate into economic benefits for the United States.” 

So, how is a proposed endeavor typically written? 

 In Matter of Dhanasar, the petitioner’s proposed endeavor was to “advance hypersonic technology research.” You can also explicitly state substantial merit and national importance in the proposed endeavor, like in this example: Dr. Ana Clemente plans to partner with American universities, government agencies, and private sector leaders to further develop and distribute her patented, low-cost water filtration system. This proposed endeavor aligns with the United States’ interests in improving environmental sustainability and public health. 

Because you need to have a proposed endeavor to qualify for the EB-2 NIW, it’s important that you have a plan of what you intend to do in the United States and that your plan is meritorious and nationally important. It’s also imperative that you use concise, clear language to ensure the adjudicator understands your future intentions in the United States. 

The importance of providing supporting evidence for the EB-2 NIW 

While your proposed endeavor can be summarized in a single statement, it is usually supported with extensive documentation and evidence to fulfill all three prongs for the EB-2 NIW.  Supporting evidence is not part of the proposed endeavor itself, but it certainly helps bolster your argument. 

Matter of Dhanasar explains that “[t]he second prong shifts the focus from the proposed endeavor to the foreign national. To determine whether he or she is well positioned to advance the proposed endeavor, we consider factors including, but not limited to: the individual’s education, skills, knowledge and record of success in related or similar efforts; a model or plan for future activities; any progress towards achieving the proposed endeavor; and the interest of potential customers, users, investors, or other relevant entities or individuals.” 

The AAO explained in Dhanasar that when considering the third prong, “USCIS may evaluate factors such as: whether, in light of the nature of the foreign national’s qualifications or proposed endeavor, it would be impractical either for the foreign national to secure a job offer or for the petitioner to obtain a labor certification whether, even assuming that other qualified U.S. workers are available, the United States would still benefit from the foreign national’s contributions; and whether the national interest in the foreign national’s contributions is sufficiently urgent to warrant forgoing the labor certification process. We emphasize that, in each case, the factor(s) considered must, taken together, indicate that on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.” 

These statements from Dhanasar establish that providing supporting evidence substantiates the claims made in your proposed endeavor statement. By providing supporting evidence, you can further explain how your work is in the national interest, how you are well-positioned to advance your proposed endeavor, and that, on balance, it would be beneficial for USCIS to waive the job offer requirement.  

Summarizing your background and capability 

To establish that you are well-positioned to advance your proposed endeavor, you can highlight your past experience and achievements as well as your capability to carry out the endeavor. 

To ensure that those reviewing your petition understand your background, you can include the following facts: 

• Your profession 

• Your education and training 

• The number of years you’ve worked in your field 

• Your focus in your field 

To establish your credibility, you can include information about your educational and professional background, such as if your work has been published or cited. Testimonials, awards of recognition, case studies, and media coverage on your work also make you seem qualified to complete the tasks you have set for yourself. Lastly, it’s a good idea to reference letters that support your future plans along with grants, partnership agreements, and/or business plans.   

Including all this information would look something like this for Dr. Clemente, the scientist we highlighted in the previous section: 

Dr. Ana Clemente, a renowned environmental scientist, is seeking an EB-2 National Interest Waiver to continue her work in developing water purification in the United States. Dr. Clemente received her Ph.D. in Environmental Engineering at the Universidad Nacional de Colombia in 2011 and has spent the past 14 years researching and implementing innovative solutions to address water scarcity. In 2016, she created her patented low-cost water filtration system, which has been successfully distributed throughout underserved communities in Latin America, providing clean drinking water to more than 300,000 people. Dr. Clemente’s research has been published in several nationally recognized scientific journals, such as the Journal of Environmental Engineering and the International Journal of Environmental Research. In 2018, Dr. Clemente began working alongside the United Nations and the World Health Organization to determine how to implement her water filtration system in underserved communities across the world. 

Dr. Clemente has demonstrated her ability to execute her proposed endeavor through her extensive academic background, successful track record, and support from leading institutions. Along with having a Ph.D. in Environmental Engineering, she has published several peer-reviewed publications and has received recognition from the United Nations. Her distribution of water filtration systems to provide fresh drinking water to more than 300,00 people in Latin America is a testament to her success. At the time of writing, Dr. Clemente has partnerships with MIT and Stanford, and she had submitted grant applications to federal government agencies. 

This summary establishes that the petitioner has an advanced degree, the type of work to which she has dedicated herself, the publication of her research, and her collaborations. This summary answers a lot of questions that USCIS might have about the petitioner’s background, and it establishes that she is more than capable of carrying out her proposed endeavor. 

Dive into the details 

Along with establishing your capability to carry out your proposed endeavor, it’s necessary for you to provide as much detail as possible about your specific work plans in the United States. This can prove to USCIS that you have a set plan for what you want to do once you are in the United States. One way you can do this is by providing phases, milestones, or a timeline for a project. It’s also a good idea to explain how each of these steps tie back to national importance and benefit.  

Returning to our example, Dr. Clemente could start her project plans with something like this: 

In the first two years of being in the United States, Dr. Clemente will determine the best course of action for furthering her research and deploying her water filtration device by partnering with leading U.S. universities, such as Stanford and MIT, to establish a dedicated research lab focus on advancing water purification technology. She will also apply for grants from U.S. federal agencies, including the Environmental Protection Agency. Finally, she will recruit a team of researchers, engineers, and public health experts to enhance the existing filtration system.  

Then, Dr. Clemente should follow this first phase of the project with her other specific plans and/or objectives for the years to follow so the adjudicator has a full scope of her intentions.  

Present facts and data 

To establish that your work would benefit the United States, it’s imperative to include facts and data to back up why your work is nationally important. You should assume that the adjudicator who will be reading your case is not well informed about your field and its role in the United States, so you should be as detailed as possible when explaining industry challenges or the evolution of a field. You can also research and include case studies that focus on projects similar to yours to present how your future endeavor would positively benefit the United States. Like with every other portion of the proposed endeavor, it’s important to show the connect between your work and how it benefits the United States. 

In Dr. Clemente’s case, she would highlight the importance of clean drinking water in rural and economically disadvantaged communities. It would be beneficial to reference statistics that highlight how many people in the United States do not have access to clean drinking water and to include research on how her work would align with certain U.S. policies. Including letters of support for experts in the field could also help bolster Dr. Clemente’s argument. 

Next Steps 

Although the EB-2 NIW allows you to self-petition for a green card, that does not make it an easier option compared to other employment-based green card pathways. As you’ve read in this blog post, you need to construct comprehensive, detailed arguments that ensure you meet the three prongs of the EB-2 NIW. However, Eagan Immigration is here to help. We are dedicated to constructing unique, compelling arguments that highlight your experience, establish your plans for the future, and connect your objectives to national importance and benefit.  If you’re interested in submitting an EB-2 NIW to start your future in the United States, contact Eagan Immigration’s office at (202) 709-6439 or set up a consultation at  this link. 

References 

Matter of DHANASAR, Petitioner, U.S. Department of Homeland Security, U.S. citizenship and Immigration Services, Administrative Appeals Office, (Dec. 27, 2016), Matter of DHANASA, 26 I&N Dec. 884 (AAO 2016). 

How to Write Proposed Endeavor for EB-2 NIW, SkyCap Consultancy, https://skycapconsultancy.com/how-to-write-proposed-endeavor-for-eb2-niw/, (last visited: Feb. 20, 2025). 

Proposed Endeavor Statement – National Interest Waiver, Black Sheep Business Consulting, https://www.bsbcon.com/us/blog/proposed-endeavor-statement-national-interest-waiver/, (last visited: Feb. 20, 2025). 

Policy Manual, Vol. 6 – Immigrants, Part F – Employment-Based Classifications, Chapter 5 – Advanced Degree or Exceptional Ability, U.S. Citizenship and Immigration Services, https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-5, (last visited: Feb. 20, 2025).