Your Proposed Endeavor: What You Plan to Do in the U.S.

The endeavor is what the whole petition is built on — and it is not your job title.

Every EB-2 national interest waiver has a subject, and the subject is the proposed endeavor: the specific work you say you will do in the United States. USCIS reads it before anything else. Your intended occupation is only the vehicle through which the endeavor gets advanced; the endeavor itself is more specific than the occupation it sits inside. In Matter of Dhanasar the occupation was engineer and the endeavor was research and development relating to air and space propulsion systems. Define the endeavor loosely and every later argument loses its footing.

Who This Is For

Who this page is for

Start here if you are beginning an NIW petition — or if a Request for Evidence has told you the record does not adequately describe your proposed endeavor. How the endeavor is then judged is the subject of the three prong pages.

Occupation, endeavor, and why USCIS separates them

An occupation is a category of employment. An endeavor is what you propose to do inside it. USCIS asks a petitioner for details not only about what the occupation normally involves, but about what types of work the person proposes to undertake specifically within that occupation. USCIS Policy Manual, 6 USCIS-PM F.5(D)(3).

The guidance works the point through an example. Engineer is an occupation, so the description should give the specific projects and goals and the area of engineering the person will work in, instead of listing the duties and responsibilities an engineer has. Physician is an occupation; a program to reduce readmissions in rural cardiac care is an endeavor.

This distinction is the frame for the merits. In determining national importance, the officer's analysis focuses on what you will be doing — the job title and the occupational classification are beside the point.

The endeavor carries more weight than petitions realize

It sets up the first prong, which focuses on the specific endeavor the foreign national proposes to undertake. Matter of Dhanasar, 26 I&N Dec. 884, 889 (AAO 2016). It sets up the second, because being well positioned means being well positioned to advance this endeavor. And it sets up the third, which weighs the endeavor and your position to advance it against the benefits of requiring a labor certification.

It also reaches back into EB-2 eligibility. For advanced-degree professionals, the occupation underlying the endeavor must itself require a bachelor's degree for entry. For persons of exceptional ability, the claimed area of ability has to be directly related to the proposed endeavor. USCIS Policy Manual, 6 USCIS-PM F.5(D)(1). Change the endeavor and you may change whether you qualify for the category at all.

Say it in a straightforward manner

The petitioner has to describe the occupation and the proposed endeavor clearly and in a straightforward manner. USCIS acknowledges that many petitioners work in highly technical fields, and asks that such work be described in a way an average person could understand. USCIS Policy Manual, 6 USCIS-PM F.5(D)(1). The audience is a generalist adjudicator. A description an officer cannot restate in a sentence is one an officer cannot find nationally important.

The instruction continues into content. The petitioner should lay out the potential direct impacts of the endeavor, and say whether it will be furthered through the person's duties at a particular employer or in some other way. That second half matters for employees and founders alike — the officer wants the vehicle through which the work actually happens.

What a well-drafted endeavor statement contains

Nothing prescribes a format. What the guidance prescribes is substance. USCIS Policy Manual, 6 USCIS-PM F.5(D)(1), (D)(3).

  • The occupation, stated outright — and the area within it where you will work.
  • The specific projects and goals, described so a non-specialist can follow them.
  • The potential direct impacts, stated as impacts. Adjectives will not stand in for them.
  • How the endeavor will be furthered: through your duties at a particular employer, through your own venture, or in some other way.
  • A plan describing how you intend to continue the proposed work in the United States. Where you do not intend to be self-employed, a job offer or correspondence with prospective employers — while not required — is relevant to the capacity in which you will carry the endeavor out and to whether the plan is feasible.
  • Documentary support: a detailed description explaining the endeavor, plus evidence establishing that it is of national importance.

How vague ambitions fail

The Policy Manual's insufficiency examples are a catalogue of endeavors defined at the wrong altitude. Each one describes a category where a piece of work should be.

Some are pitched at the occupation. Proposing to work in an occupation with a national shortage, or to consult for others seeking to work in one, is insufficient standing alone — and so is citing the general importance of a profession, the guidance's example being classroom teaching. Others are pitched at the industry: broad assertions about the value of business owners or entrepreneurs for job creation will not alone demonstrate national importance, and evidence about an industry overall, such as car dealerships, does not show that a person seeking to start a dealership qualifies. USCIS Policy Manual, 6 USCIS-PM F.5(D)(3), (D)(6).

The last altitude is the employer, and it is the one that catches well-credentialed professionals. Benefits to a specific employer alone, even an employer with a national footprint, are not sufficiently relevant. USCIS illustrates it with a software engineer who adapts an employer's code for various clients, and who "will have difficulty demonstrating the national importance of that endeavor, absent additional broader impacts supported by specific evidence."

An endeavor can also be specific and still unsupported. The officer asks whether the petition contains substance that explains and substantiates how working in the proposed endeavor meets the national importance standard, and unsubstantiated claims do not meet the petitioner's burden of proof. An endeavor statement is a promise the exhibits have to keep.

Forward-looking, not a summary of your career

The inquiry into the endeavor's importance is prospective: USCIS considers the endeavor's potential prospective impact. Matter of Dhanasar, 26 I&N Dec. at 889. Your publications, patents and past roles are not the endeavor. They are evidence that you are well positioned to advance it, which is the second prong's question.

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What USCIS Asks

The questions an officer is actually answering

What exactly will you be doing? The officer looks past the title for specific projects and goals, and for the area of the field in which you will work.

Through what vehicle? Employment at a named organization, your own company, independent research — the guidance expressly asks whether the endeavor will be furthered through duties at a particular employer or in some other way.

Does the record substantiate the description, or only assert it? This is where detailed endeavor statements still fail, and each petition is decided on its own record.

Evidence Patterns

What tends to answer those questions

A standalone endeavor statement, written for a generalist reader, that someone outside the field could summarize accurately after one pass.

A plan for continuing the work in the United States — scope, setting, timeline, and the resources the work needs.

For employed professionals: documentation of the role and the projects it covers, including correspondence with prospective employers where the position is not yet in place.

For founders: the business plan, with independent material behind every projection it makes.

How We Work

How we handle this

The endeavor statement comes first, ahead of the exhibit list, because the statement decides which exhibits are relevant and which are ballast.

We test it on a reader outside the field. If they cannot restate what you will do and why it matters, the statement is not finished.

Every draft goes back through the Policy Manual's insufficiency examples — occupation, industry, employer, general entrepreneurial value — and anything that answers to one of them gets rewritten.

FAQs

Frequently Asked Questions

Get your endeavor defined before you build the case

Most first meetings on an NIW are spent here: turning a career into an endeavor an officer can evaluate.

Immigration counsel to Fortune 500 employers at a national firm · Adjudicated 12,000+ visas at the U.S. Consulate, Mexico · Working in U.S. immigration since 2008 Featured in Newsweek, Condé Nast Traveler, Daily Mail