Proposed Endeavor Is an Important Concept to Understand in EB-2 NIW Cases

The proposed endeavor is a concept that a lot of folks who are new to the EB-2 NIW world find confusing.

Why Proposed Endeavor Is Important

The proposed endeavor is quite important as the first prong of the EB-2 NIW test refers to it. The first prong focuses on the specific endeavor that the foreign national proposes to undertake, looking at whether the endeavor has substantial merit and national importance. (In determining whether the proposed endeavor has national importance, the adjudicator will consider its potential prospective impact.)

The second prong of the EB-2 NIW test also maintains focus on the proposed endeavor, examining whether the foreign national is well positioned to advance the proposed undertaking.

The third prong also has its sights on the endeavor, asking whether, on balance, it would be beneficial to the US to waive the requirements of a job offer. The question is answered by examining factors, such as whether, in light of the 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.

Clearly, the calculus that goes into deciding whether the three NIW prongs have been met can be wrong if the foreign national screws up with identifying or expressing the proposed endeavor.

Proposed Endeavor and Current Job or Future Job Are Not Necessarily the Same Thing

One confusion that is understandable and can occur is conflating two things: (1) what the foreign national’s current job is or what her job will be, and (2) the foreign national’s job proposed endeavor. They’re not necessarily the same
Ideally, you’ll have an immigration attorney handle your EB-2 NIW case from start to finish, so won’t really need to worry about misunderstanding the concept of the proposed endeavor.