To document your proposed endeavor for an EB-2 National Interest Waiver (NIW), describe the specific work you plan to do in the United States, then support it with independent evidence that the work has substantial merit and national importance and that you are well positioned to carry it out. A job title or a general description of your field is not enough.
The proposed endeavor is the foundation of every NIW petition. USCIS measures all three parts of the legal test against it, so a vague or unsupported endeavor weakens the entire case. Below, we explain what officers look for, which documents carry weight, and how to assemble the record before you file.
Key Takeaways
- An endeavor is the specific work you will pursue, not your occupation or your employer.
- USCIS reviews the record under the preponderance of the evidence standard, which means “more likely than not.”
- National importance depends on the prospective impact of your endeavor, not on the importance of your field.
- Letters and business plans help most when independent records confirm what they say.
- Since August 2026, officers have had broader discretion to deny a petition without first asking for more evidence, so the initial filing needs to be complete.
What Is a Proposed Endeavor in an EB-2 NIW Petition?
A proposed endeavor is the specific project, line of research, or business activity you intend to pursue in the United States once you become a permanent resident. It is the “what” of your petition: the problem you will work on, the way you will approach it, and the result you expect to produce.
The self-petitioned national interest waiver green card lets qualified professionals skip the job offer and labor certification steps. In exchange, USCIS expects proof that the work serves the country. Because no employer is vouching for a specific position, the endeavor takes the place of the job description, and it has to be far more detailed.
Occupation vs Endeavor
USCIS draws a clear line between the two. Your occupation is the profession through which you will do the work. Your endeavor is narrower. Agency guidance says a petitioner should explain not only what the occupation normally involves, but also what types of work he or she will undertake within it. An engineer, for example, should describe specific projects, goals, and the area of engineering involved instead of listing the duties engineers generally perform.
| Type of statement | Example | How USCIS is likely to read it |
|---|---|---|
| Occupation only | “I will work as a software engineer in the United States.” | A job title. It says nothing about the work or its impact. |
| Important field | “I will work in cybersecurity, a field critical to national security.” | Shows the field matters, not that your work does. |
| Specific endeavor | “I will develop and deploy open-source intrusion detection tools for small and mid-size U.S. hospitals, building on my published research and two pilot deployments.” | Names the problem, the method, who benefits, and the track record behind it. |
Why the Endeavor Shapes Every Part of the NIW Test
USCIS decides NIW cases under a three-part framework from Matter of Dhanasar, a 2016 precedent decision. As the USCIS overview of the EB-2 classification explains, you must show that:
- Your proposed endeavor has both substantial merit and national importance.
- You are well positioned to advance the proposed endeavor.
- On balance, it would benefit the United States to waive the job offer and labor certification requirements.
Each prong points back to the endeavor. If the description is unclear, an officer cannot evaluate its importance, cannot judge whether your background fits it, and cannot weigh the benefit of a waiver.
Front-loading the evidence matters more now. USCIS has examined NIW filings more closely since its January 2025 policy update, and the recent decline in EB-1A and NIW approval rates reflects that shift. In addition, a policy alert issued on August 5, 2026 gave officers full discretion to deny a petition that fails to establish eligibility without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny. When a request is issued, the officer may also set a deadline shorter than the 84-day maximum.
How to Document Your Proposed Endeavor: Step by Step
Step 1: State the Endeavor in Plain Language
Start with one or two sentences a non-specialist could understand. Name the problem, your approach, and who benefits. If you cannot summarize the endeavor briefly, it is probably still an occupation or a career goal.
Step 2: Write a Detailed Endeavor Statement
Expand the summary into a written statement. A well-drafted NIW personal statement reads like a plan, not a resume. It should cover:
- The specific projects and goals you will pursue over the next several years
- The need or gap your work addresses in the United States
- Your methods, technology, or business model
- Concrete milestones and how you will measure progress
- The way your past work leads to this plan
The statement sits alongside the core documents every NIW petition should include, such as degrees, credential evaluations, and proof of identity.
Step 3: Show Substantial Merit
Substantial merit asks whether the work is worthwhile. Endeavors in business, entrepreneurship, science, technology, culture, health, and education can all qualify, and you do not have to show an immediate or measurable economic effect. Useful evidence includes:
- Published research, patents, or technical reports related to the endeavor
- Government or industry reports describing the problem you address
- Grants, awards, or funding decisions that recognize the value of the work
Step 4: Show National Importance
Many petitions fall short here. Officers look at the prospective impact of your specific endeavor, not the importance of your profession. USCIS has said, for example, that pointing to the general value of classroom teaching or of entrepreneurship is not enough on its own. Stronger options for proving national importance include:
- Federal or state strategies, reports, or funding priorities that match your specific work, not just your field
- Data showing the work could affect an industry, a research field, or public health beyond one employer or one set of clients
- Documented projections of significant job creation or economic effects, especially in an economically depressed area
- Proof that others already use, cite, license, or build on your work
National importance does not require a nationwide footprint. A regional project can qualify when its broader implications are documented.
Step 5: Show You Are Well Positioned to Advance It
For this prong, USCIS weighs your education, skills, and record of success in related efforts, your plan for future activities, the progress you have already made, and the interest of customers, users, investors, or other relevant parties. Typical exhibits include:
- Degrees, licenses, and a detailed CV
- Publications, citation records, patents, or product launches
- Contracts, letters of intent, grants, or investment documents
- Evidence of progress, such as pilots, prototypes, revenue, or user adoption
- NIW recommendation letters from independent experts that describe specific contributions
Letters carry more weight when the writer has direct knowledge of your work and when other documents confirm what the letter says.
Step 6: Explain Why a Waiver Benefits the United States
The final prong is a balancing test. Officers may consider whether labor certification would be impractical given the nature of your work, whether the country would benefit from your contributions even if other qualified U.S. workers are available, and whether the national interest in your work is sufficiently urgent. Connect each point to documents already in the record instead of adding new, unsupported claims.
EB-2 NIW Evidence Checklist by Prong
| Dhanasar prong | Question USCIS asks | Evidence that answers it |
|---|---|---|
| 1. Substantial merit and national importance | Is the specific work valuable, and does its potential impact reach beyond you and your employer? | Endeavor statement; government and industry reports tied to your work; impact data; proof of adoption or citation |
| 2. Well positioned to advance the endeavor | Can you realistically carry it out? | Degrees and CV; publications and patents; expert letters; funding and contracts; progress records; a plan with milestones |
| 3. Balance of factors | Does the country gain by waiving the job offer and labor certification? | Explanation of why labor certification is impractical; evidence of urgency; documentation of broader benefit |
Before any of this applies, you must qualify for the underlying EB-2 category as an advanced degree professional or a person of exceptional ability. Applicants with a stronger record of acclaim often compare the differences between the extraordinary ability and national interest waiver categories before choosing a path.
Extra Evidence for Entrepreneurs and Startup Founders
Founders face a particular challenge. USCIS has stated that general claims about job creation or the value of entrepreneurship do not establish national importance. A startup-based petition should show in detail how this particular business serves a national interest. Strong founder evidence often includes:
- Ownership documents and proof of your active, central role in the U.S. company
- Investment from venture capital firms, angel investors, or accelerators
- Government grants or awards at the federal, state, or local level
- Revenue, customer contracts, and job creation records
- Patents or other intellectual property
- A realistic EB-2 NIW business plan with projections tied to actual financial records
Because investor documents and financial records take time to gather, immigration planning for startup founders should begin well before the target filing date.
Common Mistakes That Weaken a Proposed Endeavor
- Describing a job instead of an endeavor
- Relying on the importance of the field instead of the impact of your own work
- Submitting letters that praise you without specifics or supporting records
- Including business projections that no document backs up
- Proposing work that does not match your degree or professional experience
- Changing the endeavor after filing. Eligibility must exist on the filing date, so a substantially new endeavor is unlikely to be accepted when responding to an NIW Request for Evidence
In San Francisco, where many petitioners work in artificial intelligence, biotech, and climate technology, national interest waiver petition strategy usually centers on tying highly technical work to documented national priorities.
Build Your Endeavor Record Before You File
A well-documented proposed endeavor does three things. It tells USCIS exactly what you will do, proves with independent records why that work matters to the country, and shows that you are the right person to do it. Since officers can now decide a petition on the initial record alone, the time to test your endeavor against the evidence is before filing, not after a request arrives. Stelmakh & Associates LLC prepares NIW petitions for researchers, professionals, and founders from its Seattle headquarters and for clients in San Francisco, New York, Chicago, Austin, and Miami. To have an attorney review your endeavor and supporting evidence, call +1 206-605-0550 or book a consultation.
Frequently Asked Questions
What is a proposed endeavor in an EB-2 NIW petition?
A proposed endeavor is the specific work you plan to pursue in the United States, such as a research program, a technical project, or a business. It is narrower than your occupation and should identify the problem you will address, your approach, and the expected impact.
How specific should an NIW proposed endeavor be?
It should be specific enough that an officer outside your field understands exactly what you will do and why it matters. Name the projects, goals, and area of work instead of listing general job duties.
What evidence proves national importance for an NIW?
Evidence that documents the prospective impact of your specific work proves national importance. Examples include government reports and policy priorities that match your endeavor, data on its effect on an industry or field, proof that others use or cite your work, and supported projections of job creation or economic benefit.
Do I need a business plan for an EB-2 NIW?
A business plan is not required by regulation, but it is strongly advisable if your endeavor involves starting or running a company. USCIS gives a plan more weight when independent records such as contracts, funding documents, and financial statements support its projections.
How many recommendation letters does an NIW petition need?
USCIS does not set a required number of letters. Quality matters more than quantity: letters should come from people with real knowledge of your work, including some who are independent of you, and should describe specific contributions that other documents confirm.
Can I change my proposed endeavor after filing Form I-140?
Generally, no. You must be eligible on the date you file, so a materially different endeavor introduced later, including in an RFE response, is unlikely to be accepted. You can clarify and add detail, but if your plans have truly changed, a new petition may be the better route.
Do I need a job offer to document my proposed endeavor?
No. The national interest waiver removes the job offer and labor certification requirements, and you may file Form I-140 on your own behalf. You still need to show how you will carry out the work, which can include employment letters, contracts, funding, or a plan for self-employment.
Can USCIS deny an NIW petition without sending a Request for Evidence?
Yes. Under a policy alert issued on August 5, 2026, officers have discretion to deny a petition that does not establish eligibility without first issuing an RFE or a Notice of Intent to Deny. Officers may still send requests, but petitioners should file a complete record from the start.