Decoding the EB-2 NIW: What Is the "Proposed Endeavor"?

When foreign professionals evaluate U.S. permanent residency, the EB-2 National Interest Waiver (NIW) is often top of mind. It allows qualified individuals to petition for a green card without requiring a U.S. employer sponsor or going through the tedious Department of Labor PERM labor certification process.

However, there is a fundamental misconception about the EB-2 NIW: Holding an advanced degree and having years of impressive professional experience is not enough.

Under U.S. immigration law, the EB-2 NIW is not a lifetime achievement award for past work, nor is it granted simply because you hold a master's degree or Ph.D. Instead, the entire petition hinges on a forward-looking concept called the "Proposed Endeavor".

What Is the "Proposed Endeavor"?

Under the controlling legal precedent set by the Administrative Appeals Office (AAO) in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), an applicant seeking a National Interest Waiver must satisfy a three-prong test:

1. The foreign national's proposed endeavor has both substantial merit and national importance.

2. The foreign national is well-positioned to advance the proposed endeavor.

3. On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.

Notice that Prong 1 does not ask if you are important. It asks if your proposed endeavor, the specific work, research, or business venture you plan to undertake in the United States, has substantial merit and national importance.

A proposed endeavor is not a job description, a resume summary, or a general career goal. It is a specific, forward-looking project or operational plan outlining what problem you intend to solve, how you will execute it, and how the outcomes will benefit the U.S. broadly.

A comprehensive, forward-looking plan detailing project milestones, target timelines, methodologies, and projected impact is crucial.

What Makes an Endeavor Succeed vs. Fail?

In adjudicating EB-2 NIW cases, U.S. Citizenship and Immigration Services (USCIS) relies heavily on the guidance in the USCIS Policy Manual (6 USCIS-PM F.5) and AAO non-precedent decisions interpreting Matter of Dhanasar.

The primary hurdle for most applicants is proving national importance. USCIS explicitly evaluates whether the endeavor's prospective impact extends beyond a single employer, local clients, or the applicant's own financial success.

1. Which EB-2NIW Endeavors Have a Higher Probability of Success?

• National Critical Technologies & STEM Research: Projects tied to key federal focus areas, such as artificial intelligence, cybersecurity, renewable energy, clean water infrastructure, biomedical research, or semiconductor supply chain resilience.

• Scalable Business Ventures: Entrepreneurial endeavors that demonstrate prospective job creation, technological innovation, or economic development in economically distressed regions (such as HUBZones).

• Broad Industry Solutions: Creating open-source algorithms, novel manufacturing processes, or healthcare protocols that can be adopted across an entire sector nationwide.

2. Which EB-2NIW Endeavors Are More Likely to Face Significant Challenges?

• Routine Professional Work: Being a skilled software engineer, corporate accountant, or marketing manager who performs excellent work for a single company. USCIS will argue that the primary beneficiary of your work is your employer, not the nation.

• Local or Regional Service Providers: Opening a local dentist office, a regional real estate agency, or a local consulting firm. While valuable locally, USCIS generally rules that local economic activity does not carry national importance unless it scales significantly.

• Instructional Teaching: In Matter of Dhanasar, the AAO explicitly held that while teaching aerospace engineering had substantial merit, teaching at a single university did not rise to the level of national importance because its impact was localized to those specific students.

What are the Parameters and Evidence USCIS Looks For in EB-2NIW?

To build a strong EB-2 NIW petition around your proposed endeavor, USCIS adjudicators evaluate specific parameters.

Parameters Evaluated by USCIS:

• Potential Prospective Impact: Does the endeavor address a documented national issue (e.g., healthcare access, supply chain vulnerabilities, national security)?

• Geographic or Sectoral Reach: Does the impact extend across an entire industry, region, or population group?

• Feasibility and Preparation: Is the endeavor realistic, supported by concrete plans, and backed by your past track record?

Strong Evidence to Include:

1. Detailed Proposed Endeavor Statement: A comprehensive, forward-looking plan detailing project milestones, target timelines, methodologies, and projected impact.

2. Government Initiatives and White Papers: Referencing official executive orders, congressional reports, or agency strategies (e.g., NIH, DOD, DOE) proving that your field of endeavor is a recognized priority for the U.S. government.

3. Independent Advisory Letters: Letters from objective experts in your field explaining why your specific proposed work matters to the nation as a whole, not just praising your resume.

4. Evidence of Inquiries, Funding, or Partnerships: Letters of intent, research grants, venture capital backing, or prospective client interest demonstrating that relevant U.S. entities value your project.

Entrepreneurial endeavors that demonstrate prospective job creation, technological innovation, or economic development in economically distressed regions are more likely to succeed.

What Are the Main Distinctions Between EB-2 NIW and EB-1A?

It is common to confuse the EB-2 NIW with the EB-1A (Alien of Extraordinary Ability), as both allow self-petitioning without an employer sponsor. However, their legal standards under the Immigration and Nationality Act (INA) are distinct:

Legal Criteria	EB-2 NIW (Matter of Dhanasar)	EB-1A (8 C.F.R. § 204.5(h))
Legal Standard	Substantial merit & national importance of the endeavor.	Acclaim at the very top of the field; sustained national or international acclaim.
Focus of Petition	The Project / Work Plan (Forward-looking).	The Individual's Reputation (Past achievement focus).
Self-Petitioning?	Yes, via National Interest Waiver.	Yes, explicitly permitted by statute.
Labor Cert (PERM)?	Waived if national interest is proven.	Never required.

In simple terms: EB-1A asks, "Are you an extraordinary individual at the top of your field?" EB-2 NIW asks, "Are you proposing work that is so important to the United States that we should skip the job search requirement?"

Why Degrees and Experience Alone Aren't Enough?

A common reason for receiving a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) from USCIS is relying solely on credentials.

Having a Ph.D. or 15 years of executive experience only satisfies the minimum threshold eligibility for the underlying EB-2 category (holding an advanced degree or exceptional ability under 8 C.F.R. § 204.5(k)).

Once you cross that initial threshold, USCIS shifts to the Dhanasar waiver analysis. An applicant can have three master's degrees and two patents, but if their proposed endeavor is simply to work as an internal consultant for an average IT firm, the petition will fail on Prong 1.

Take the Next Step in Your NIW Journey

The success of an EB-2 NIW petition depends on a clearly defined, impactful Proposed Endeavor. Navigating the nuances of national importance requires a sophisticated legal strategy tailored to your unique professional background and goals. If you are ready to explore how your expertise can serve the national interest, contact our firm today to schedule a comprehensive consultation. Let us help you transform your professional vision into a successful permanent residency strategy.

Looking to learn more about the EB-2NIW?  Get in touch with Revital Shavit Immigration Law today for a consultation. We transform your business successes into a compelling legal story.

Disclaimer: This post is for informational purposes only and does not constitute legal advice. For personalized guidance, contact us.