The EB-2 National Interest Waiver requires satisfying three prongs established in Matter of Dhanasar. Understanding what each prong requires and how to document it determines petition success. This blog breaks down each prong with concrete examples showing how different professionals satisfy the framework.
The three NIW prongs are: first, your proposed endeavor has substantial merit and national importance; second, you are well positioned to advance the proposed endeavor; and third, on balance, it would be beneficial to the United States to waive the labor certification requirement. Each prong requires specific evidence. Substantial merit and national importance focus on what you do and why it matters nationally. Well positioned focuses on your qualifications and track record. The balancing test weighs whether waiving labor certification serves national interests despite the general policy favoring that process. All three prongs must be satisfied for NIW approval.
The Dhanasar framework replaced the older NYSDOT standard in 2016.
USCIS Policy Manual provides guidance on applying the three prongs.
Prong one requires both substantial merit AND national importance.
Prong two evaluates your education, skills, and track record of success.
Prong three is a balancing test weighing benefits of the waiver against labor certification policy.
Evidence for each prong should be distinct and specifically address that prong's requirements.
Weak evidence on any single prong can result in denial even if other prongs are strong.
The Dhanasar framework replaced the older NYSDOT standard in 2016.
USCIS Policy Manual provides guidance on applying the three prongs.
Prong one requires both substantial merit AND national importance.
Prong two evaluates your education, skills, and track record of success.
Prong three is a balancing test weighing benefits of the waiver against labor certification policy.
Evidence for each prong should be distinct and specifically address that prong's requirements.
Weak evidence on any single prong can result in denial even if other prongs are strong.
Prong one asks whether your proposed endeavor has substantial merit and national importance. This is actually two requirements combined: your work must have inherent value (merit) and must matter at a national level (importance).
Substantial merit means your endeavor has significance and value. Business, entrepreneurship, science, technology, education, healthcare, and other professional fields all have substantial merit when the work produces valuable outcomes.
National importance requires showing your work benefits the United States broadly, not just a single employer, region, or individual. According to USCIS guidance, the endeavor's impact should extend beyond a specific locality or employer.
A physician specializing in primary care proposes to continue practicing in medically underserved areas. The substantial merit is clear: providing medical care has inherent value. National importance comes from addressing the documented national shortage of primary care physicians, particularly in underserved communities.
Evidence includes HRSA designation of the service area as a Health Professional Shortage Area, statistics on primary care physician shortages nationwide, and documentation showing the physician's work addresses needs that exist across multiple states and regions.
The physician need not claim novel medical techniques. The merit and importance come from addressing a recognized national healthcare access problem.
A biomedical researcher proposes to continue research on cancer therapeutics. Substantial merit comes from the inherent value of developing cancer treatments. National importance comes from the widespread impact of cancer as a disease and the national priority placed on cancer research.
Evidence includes NIH strategic plans identifying cancer research as a priority, statistics on cancer incidence and mortality nationally, and documentation of how the researcher's specific work fits within broader national research priorities.
Publications and citations help but are not required for prong one. The focus is on the endeavor's importance, not the individual's achievement level.
Prong two asks whether you are well positioned to advance the proposed endeavor. This prong focuses on your individual qualifications, skills, and ability to succeed in your proposed work.
Education and training establish foundational positioning. Advanced degrees in your field, specialized certifications, and relevant training demonstrate you have the knowledge base to contribute effectively.
Track record of success shows you can deliver results. Past accomplishments, professional achievements, and documented outcomes demonstrate that you perform your proposed endeavor effectively.
A software engineer with a master's degree in computer science proposes to continue developing cybersecurity systems. Education establishes foundational positioning through the advanced degree and specialized coursework.
Track record evidence includes successful projects completed at previous employers, systems developed that remain in production use, and professional recognition such as promotions or awards. Letters from supervisors confirm the engineer consistently delivers effective work.
The engineer need not show revolutionary innovations. Consistent professional success in the proposed field demonstrates positioning to continue contributing.
A civil engineer with a PE license proposes to continue infrastructure development work. The professional engineering license demonstrates qualification through rigorous examination. The advanced degree provides educational foundation.
Track record includes completed infrastructure projects, documented outcomes showing projects delivered on time and within specifications, and recognition from employers and professional associations. Evidence shows the engineer has successfully performed the proposed endeavor.
Letters from project managers and clients confirm the engineer's contributions to successful infrastructure development.
Prong three is a balancing test asking whether waiving labor certification benefits the United States. This prong acknowledges that labor certification exists to protect U.S. workers and asks whether national interests override that protection in your case.
The analysis considers factors like urgency of the need you address, how your specific background and skills contribute, and whether requiring labor certification would be impractical or contrary to national interests.
According to the Dhanasar decision, relevant factors include whether the endeavor offers benefits beyond the scope of the specific job, whether requiring labor certification is impractical, and whether the national interest in your contributions outweighs the interest in labor certification.
A physician serving a medically underserved area argues that requiring labor certification would delay needed healthcare access. The labor market test process takes months during which the community remains underserved.
The physician's specific training and language skills may uniquely qualify them to serve a particular population. Requiring the employer to test the labor market when there is a documented shortage serves no purpose.
Evidence shows that the national interest in healthcare access outweighs the interest in labor market testing for a position where qualified candidates are demonstrably scarce.
An entrepreneur building a company that creates jobs argues that labor certification is impractical because they are creating their own position rather than filling an existing job. There is no employer to conduct the labor market test.
The national interest in job creation and economic development supports waiving a requirement designed for traditional employment relationships. The entrepreneur's track record of business success demonstrates they can deliver the proposed economic benefits.
Evidence shows that requiring labor certification would prevent beneficial entrepreneurship that serves national economic interests.
The three prongs function as cumulative requirements. Strength in one prong does not compensate for weakness in another. Your petition must satisfy all three prongs with adequate evidence.
Prong one establishes that your work matters. Prong two establishes that you can do the work. Prong three establishes that waiving labor certification serves national interests. Each prong addresses a different question.
Structure your petition to address each prong distinctly. Present evidence for prong one, then evidence for prong two, then evidence for prong three. This organization helps adjudicators follow your argument.
Identify weak prongs early and address them directly. If your endeavor's national importance is not obvious, gather more evidence documenting national scope. If your track record is thin, emphasize qualifications and obtain strong reference letters.
Weak prongs often result from insufficient evidence rather than insufficient qualifications. Before concluding a prong is weak, consider whether additional documentation would strengthen it.
If a prong is genuinely weak based on your circumstances, consider whether NIW is the right pathway. Some applicants are better suited for labor certification or different immigration categories.
Prong one asks whether your proposed endeavor has substantial merit and national importance. This is actually two requirements combined: your work must have inherent value (merit) and must matter at a national level (importance).
Substantial merit means your endeavor has significance and value. Business, entrepreneurship, science, technology, education, healthcare, and other professional fields all have substantial merit when the work produces valuable outcomes.
National importance requires showing your work benefits the United States broadly, not just a single employer, region, or individual. According to USCIS guidance, the endeavor's impact should extend beyond a specific locality or employer.
A physician specializing in primary care proposes to continue practicing in medically underserved areas. The substantial merit is clear: providing medical care has inherent value. National importance comes from addressing the documented national shortage of primary care physicians, particularly in underserved communities.
Evidence includes HRSA designation of the service area as a Health Professional Shortage Area, statistics on primary care physician shortages nationwide, and documentation showing the physician's work addresses needs that exist across multiple states and regions.
The physician need not claim novel medical techniques. The merit and importance come from addressing a recognized national healthcare access problem.
A biomedical researcher proposes to continue research on cancer therapeutics. Substantial merit comes from the inherent value of developing cancer treatments. National importance comes from the widespread impact of cancer as a disease and the national priority placed on cancer research.
Evidence includes NIH strategic plans identifying cancer research as a priority, statistics on cancer incidence and mortality nationally, and documentation of how the researcher's specific work fits within broader national research priorities.
Publications and citations help but are not required for prong one. The focus is on the endeavor's importance, not the individual's achievement level.
Prong two asks whether you are well positioned to advance the proposed endeavor. This prong focuses on your individual qualifications, skills, and ability to succeed in your proposed work.
Education and training establish foundational positioning. Advanced degrees in your field, specialized certifications, and relevant training demonstrate you have the knowledge base to contribute effectively.
Track record of success shows you can deliver results. Past accomplishments, professional achievements, and documented outcomes demonstrate that you perform your proposed endeavor effectively.
A software engineer with a master's degree in computer science proposes to continue developing cybersecurity systems. Education establishes foundational positioning through the advanced degree and specialized coursework.
Track record evidence includes successful projects completed at previous employers, systems developed that remain in production use, and professional recognition such as promotions or awards. Letters from supervisors confirm the engineer consistently delivers effective work.
The engineer need not show revolutionary innovations. Consistent professional success in the proposed field demonstrates positioning to continue contributing.
A civil engineer with a PE license proposes to continue infrastructure development work. The professional engineering license demonstrates qualification through rigorous examination. The advanced degree provides educational foundation.
Track record includes completed infrastructure projects, documented outcomes showing projects delivered on time and within specifications, and recognition from employers and professional associations. Evidence shows the engineer has successfully performed the proposed endeavor.
Letters from project managers and clients confirm the engineer's contributions to successful infrastructure development.
Prong three is a balancing test asking whether waiving labor certification benefits the United States. This prong acknowledges that labor certification exists to protect U.S. workers and asks whether national interests override that protection in your case.
The analysis considers factors like urgency of the need you address, how your specific background and skills contribute, and whether requiring labor certification would be impractical or contrary to national interests.
According to the Dhanasar decision, relevant factors include whether the endeavor offers benefits beyond the scope of the specific job, whether requiring labor certification is impractical, and whether the national interest in your contributions outweighs the interest in labor certification.
A physician serving a medically underserved area argues that requiring labor certification would delay needed healthcare access. The labor market test process takes months during which the community remains underserved.
The physician's specific training and language skills may uniquely qualify them to serve a particular population. Requiring the employer to test the labor market when there is a documented shortage serves no purpose.
Evidence shows that the national interest in healthcare access outweighs the interest in labor market testing for a position where qualified candidates are demonstrably scarce.
An entrepreneur building a company that creates jobs argues that labor certification is impractical because they are creating their own position rather than filling an existing job. There is no employer to conduct the labor market test.
The national interest in job creation and economic development supports waiving a requirement designed for traditional employment relationships. The entrepreneur's track record of business success demonstrates they can deliver the proposed economic benefits.
Evidence shows that requiring labor certification would prevent beneficial entrepreneurship that serves national economic interests.
The three prongs function as cumulative requirements. Strength in one prong does not compensate for weakness in another. Your petition must satisfy all three prongs with adequate evidence.
Prong one establishes that your work matters. Prong two establishes that you can do the work. Prong three establishes that waiving labor certification serves national interests. Each prong addresses a different question.
Structure your petition to address each prong distinctly. Present evidence for prong one, then evidence for prong two, then evidence for prong three. This organization helps adjudicators follow your argument.
Identify weak prongs early and address them directly. If your endeavor's national importance is not obvious, gather more evidence documenting national scope. If your track record is thin, emphasize qualifications and obtain strong reference letters.
Weak prongs often result from insufficient evidence rather than insufficient qualifications. Before concluding a prong is weak, consider whether additional documentation would strengthen it.
If a prong is genuinely weak based on your circumstances, consider whether NIW is the right pathway. Some applicants are better suited for labor certification or different immigration categories.
Frequently Asked Questions
Can I combine prong one and prong two evidence?
Evidence can support multiple prongs, but your petition should clearly explain how evidence relates to each prong. A publication might demonstrate both national importance of your field (prong one) and your track record (prong two).
Can I combine prong one and prong two evidence?
Evidence can support multiple prongs, but your petition should clearly explain how evidence relates to each prong. A publication might demonstrate both national importance of your field (prong one) and your track record (prong two).
How much evidence does each prong need?
There is no fixed amount. Each prong needs sufficient evidence to satisfy that specific requirement. Complex cases or less obvious qualifications may need more documentation than straightforward cases.
How much evidence does each prong need?
There is no fixed amount. Each prong needs sufficient evidence to satisfy that specific requirement. Complex cases or less obvious qualifications may need more documentation than straightforward cases.
Does prong three require proving I am better than U.S. workers?
No. Prong three is a balancing test, not a comparison to other workers. You must show that waiving labor certification benefits the nation, not that you are superior to American candidates.
Does prong three require proving I am better than U.S. workers?
No. Prong three is a balancing test, not a comparison to other workers. You must show that waiving labor certification benefits the nation, not that you are superior to American candidates.
What if my case is strong on prongs one and two but weak on prong three?
This is a common pattern. Strengthen prong three by documenting why labor certification is impractical, why your specific background serves national interests, and why requiring the labor market test would delay or prevent beneficial contributions.
What if my case is strong on prongs one and two but weak on prong three?
This is a common pattern. Strengthen prong three by documenting why labor certification is impractical, why your specific background serves national interests, and why requiring the labor market test would delay or prevent beneficial contributions.
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