What Is the Three-Prong Dhanasar Test for EB-2 NIW?

Where the Test Comes From

The modern National Interest Waiver framework comes from Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Dhanasar replaced the older NYSDOT framework and established the three-part analysis USCIS now uses when deciding whether a qualifying EB-2 petitioner should receive a waiver of the normal job offer and labor certification requirements.

Before USCIS reaches the Dhanasar analysis, the petitioner must first qualify for the underlying EB-2 classification as either an advanced degree professional or an individual of exceptional ability. Once that threshold is established, the NIW analysis focuses on the proposed endeavor, the petitioner's ability to advance it, and whether waiving the usual employment-based requirements would benefit the United States.

Substantial Merit and National Importance

The first Dhanasar prong focuses on the specific endeavor the petitioner proposes to pursue in the United States. It is not enough to show that the person's general profession or industry is important. The petition should explain what the individual actually intends to do and why that work has meaningful value.

Substantial merit can arise in many areas, including business, entrepreneurship, science, technology, health, education, culture, infrastructure, and other fields. The more difficult question is often national importance. USCIS looks at the endeavor's potential prospective impact and whether its implications extend beyond a single employer, customer, or narrowly local interest.

Strong evidence may include research with broader applications, technology with commercial or national significance, initiatives that address public health or infrastructure needs, job-creating ventures, or work that contributes to U.S. competitiveness or other important national priorities.

Well-Positioned to Advance the Proposed Endeavor

The second prong shifts the focus from the endeavor itself to the petitioner. USCIS considers whether the individual has the education, experience, skills, knowledge, record of success, and practical foundation needed to realistically move the proposed endeavor forward.

Evidence can include prior achievements, publications and citations, patents, contracts, funding, business plans, professional recognition, judging or speaking invitations, implementation of prior work, partnerships, customer or investor interest, and detailed expert letters explaining the petitioner's contributions.

USCIS does not require proof that the endeavor is guaranteed to succeed. The goal is to show that the petitioner has established a credible record and a realistic path for advancing the proposed work. Evidence of progress and outside interest can be particularly useful because it demonstrates that the endeavor exists beyond a purely theoretical plan.

Balance of Benefit to the United States

The third Dhanasar prong asks whether, on balance, it would benefit the United States to waive the normal requirement of a job offer and PERM labor certification.

This part of the analysis can consider whether requiring a traditional employer-sponsored process would be impractical given the nature of the petitioner's qualifications or proposed endeavor, whether the United States would benefit from the person's contributions even if qualified U.S. workers are available, and whether the national interest in the work is sufficiently significant or urgent to justify the waiver.

A strong third-prong argument connects the petitioner's individual circumstances to the purpose of the waiver. It should explain why the flexibility of an NIW makes sense for the proposed endeavor rather than simply repeating that the petitioner is highly qualified.