What are the three Dhanasar prongs for an EB-2 National Interest Waiver?
TL;DR: Matter of Dhanasar (2016) set the legal test USCIS still uses for EB-2 NIW petitions: (1) your proposed endeavor has substantial merit and national importance, (2) you're well positioned to advance it, and (3) on balance, waiving the job offer and labor certification requirement benefits the United States. All three prongs must be met.
The claim
Since 2016, Dhanasar replaced the older, harder-to-meet NYSDOT standard, making NIW self-petitions more accessible to founders, researchers, and specialized professionals.
The evidence
Dhanasar is a published Administrative Appeals Office precedent decision, meaning USCIS adjudicators are bound to apply it to every EB-2 NIW case. It shifted the analysis from a rigid national-interest test toward a more flexible, endeavor-focused framework.
The three prongs
| Prong | What USCIS is asking | What strengthens it |
|---|---|---|
| 1. Merit & national importance | Does the endeavor matter beyond your own career? | Ties to public health, economic growth, tech competitiveness, or similar broad impact |
| 2. Well positioned | Can you actually pull this off? | Track record, credentials, endorsements, past output |
| 3. Balance favors waiver | Does skipping a job offer/PERM help the US more than requiring one? | Field where labor cert is impractical, urgency, or your work benefits the public directly |
Step-by-step: building your case
- Define your "proposed endeavor" narrowly and specifically — not just your job title.
- Gather third-party evidence (citations, media coverage, letters, funding) proving national importance.
- Document your specific qualifications tied directly to that endeavor.
- Explain concretely why a labor certification process doesn't fit your situation.
- Have an immigration attorney review the petition letter before filing I-140.
FAQ
Do I need a job offer for EB-2 NIW? No — that's the entire point of the waiver. You self-petition without an employer sponsor or PERM labor certification.
What replaced the old NYSDOT standard? Matter of Dhanasar (2016) replaced it and is the current controlling precedent for all NIW adjudications.
Can entrepreneurs qualify under Dhanasar? Yes. Dhanasar was itself decided in favor of an entrepreneur, and the framework is commonly used by founders and researchers.
Does meeting all three prongs guarantee approval? No single framework guarantees approval — USCIS still evaluates evidence quality case by case.
By Pinal Dave Last updated: 2026-07-26