What Is the Three-Prong Dhanasar Test for EB-2 NIW?
Where the test comes from
The three-prong test was established in 2016 by the Administrative Appeals Office in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). It replaced an older framework called NYSDOT that had been in place since 1998. Dhanasar broadened access to the National Interest Waiver — particularly for entrepreneurs, founders, and self-employed professionals — by removing some of the rigid prior-employment requirements of NYSDOT and shifting focus to the merit and impact of what the petitioner proposes to do in the United States.
The test is now codified at USCIS Policy Manual Volume 6, Part F, Chapter 5. Every NIW petition filed today is adjudicated under Dhanasar.
Prong One — Substantial merit and national importance
Prong One asks whether the proposed endeavor has substantial merit and national importance. "Substantial merit" is the easier of the two: it just requires showing the field of work is valuable. "National importance" is harder — it requires showing the work has implications beyond your specific employer or region.
Examples that typically satisfy national importance: research with widespread practical applications, ventures creating jobs in economically depressed areas, technology developments affecting national competitiveness, work advancing public health, education, or critical infrastructure. The threshold is not extraordinary — many ordinary professional fields qualify if framed correctly.
Prong Two — Well-positioned to advance
Prong Two asks whether you are well-positioned to advance the proposed endeavor. This is where USCIS examines your education, experience, record of success, progress in the field, model or plan for the work, and any interest from potential users, customers, or investors. A combination of credentials plus traction usually satisfies this prong.
Common evidence that wins Prong Two: publications and citation counts (for researchers), invitations to speak or judge (for any field), prior funding or contracts (for entrepreneurs), patents and licensing arrangements, evidence of adoption of your work, and detailed expert letters describing your specific contributions.
Prong Three — Balance of benefit to the U.S.
Prong Three asks whether, on balance, it benefits the U.S. to waive the requirement of a job offer and PERM labor certification. This prong recognizes that PERM exists to protect U.S. workers from being displaced, and waiving it must be justified. The strongest Prong Three cases show urgency, scarcity, or impracticality: it would harm the national interest to wait for a PERM, or no U.S. worker could realistically perform the role, or your skills are uniquely portable across employers.
Frequently Asked Questions
No. The endeavor can be in planning or early-stage. However, evidence of progress (a business plan, prior work in the field, prototypes, partnerships, or initial customers) significantly strengthens Prong Two.
Each prong requires a separate analytical showing, but the underlying evidence often overlaps. A published paper, for example, can demonstrate both the importance of the field (Prong One) and your record of contribution (Prong Two). USCIS expects the petition to address each prong distinctly even when evidence overlaps.
Last reviewed: June 2026 · Need help with an EB-2 NIW petition? Call (818) 382-3333 for a free consultation.
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