Introduction:

The National Interest Waiver (NIW) offers a pathway to a U.S. green card for foreign nationals with exceptional abilities, without the need for a job offer or labor certification. While the Dhanasar decision expanded the eligibility criteria, government agencies have become stricter in interpreting “national importance.” One of the critical factors in a successful NIW application is the applicant’s “proposed endeavor.” This article will discuss common pitfalls in describing the proposed endeavor and offer tips to present a compelling case for NIW approval.

1. The Pitfall of General Statements:

A frequent pitfall is presenting a proposed endeavor in vague or general terms. Applicants may state they will “continue their research” or search for specific job positions without providing specific details or evidence of interest from relevant organizations. This lack of specificity raises concerns about the actual impact of the proposed endeavor.

2. Emphasize Research and Impact:

To overcome this pitfall, focus on the research component of the proposed endeavor. If the applicant intends to engage in specific research, provide sufficient detail about the research project, the collaborating agency or individual, and the source of funding. A letter of intent from a U.S. research agency expressing interest in collaboration and funding can significantly strengthen the case.

3. Commercial and Entrepreneurial Endeavors:

For commercial or entrepreneurial endeavors, present concrete details about the interest shown by U.S. entities or individuals in collaborating or investing in the project. Include letters of intent from prospective employers or investors, emphasizing how the project will result in systematic advances that benefit the entire field, not just the individual employer.

4. Balance between Teaching and Research:

In cases where teaching is involved, ensure that the proposed endeavor clearly distinguishes the time allocation between teaching and research. According to Dhanasar, national importance is more likely to be attributed to research contributions than teaching. Therefore, emphasize the research component and how it contributes to the field at a national level.

5. Avoid Overemphasizing Job Search:

NIW is not designed to facilitate job searches in the U.S. Avoid giving the impression that the proposed endeavor is primarily about seeking employment opportunities. Focus on the specific project or research and how it aligns with the petitioner’s exceptional abilities and potential to benefit the United States significantly.

Conclusion:

Crafting a compelling “proposed endeavor” is vital for a successful NIW application. Avoid vague or general statements and provide specific details and evidence to support the national importance of the proposed work or research. Highlight research contributions, secure letters of intent from collaborating agencies, and demonstrate interest from U.S. entities for commercial projects. By presenting a well-defined and impactful proposed endeavor, applicants can enhance their chances of receiving the National Interest Waiver and realizing their dreams of permanent residency in the United States. Seeking the guidance of experienced immigration consultancy can also be beneficial in navigating the complexities of the NIW application process.