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What is the Endeavor

The EB-2 National Interest Waiver (NIW) is a unique pathway to U.S. permanent residency, allowing certain foreign nationals to bypass the lengthy and often complicated labor certification process. One of the key aspects of a successful NIW petition is clearly defining and demonstrating the merit of the applicant’s "endeavor." This term, while broad, plays a central role in the USCIS's determination of whether to grant the waiver.

What is an “Endeavor” in the Context of EB-2 NIW?

In the context of the EB-2 NIW, the “endeavor” refers to the professional activities or projects that the petitioner proposes to pursue in the United States. It is the work or field in which the applicant intends to engage, which must be shown to have substantial merit and national importance.

Key Characteristics of a Qualifying Endeavor

  1. Substantial Merit:

    • The endeavor must be of considerable value or importance. This doesn’t necessarily mean that it has to be groundbreaking or revolutionary, but it should contribute meaningfully to a field of endeavor. Fields like science, technology, culture, health, education, business, and entrepreneurship are common areas where endeavors have been deemed to have substantial merit.
    • For instance, a researcher working on cancer treatment, an entrepreneur developing sustainable energy solutions, or an educator advancing innovative teaching methods may all demonstrate substantial merit.
  2. National Importance:

    • The endeavor must have implications that extend beyond the immediate geographic area or local community. It should have the potential to positively impact a broader section of the U.S. population or the national interest.
    • For example, if an engineer is developing infrastructure technologies that could be implemented across the United States, or a public health expert is addressing a widespread healthcare issue, these endeavors could be considered nationally important.
  3. Feasibility and Progress:

    • The applicant must show along the petition that they are well-positioned to advance the proposed endeavor. This includes having a detailed plan, relevant qualifications, experience, and a track record of success in the field. The feasibility of the endeavor is a critical consideration, as USCIS will assess whether the petitioner has a reasonable chance of achieving their proposed objectives.

Conclusion

The "endeavor" is the cornerstone of an EB-2 NIW petition, representing the applicant’s professional aspirations and the work they plan to undertake in the United States. To succeed in an NIW petition,