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EB2 NIW Under Dhanasar Framework: Complete Guide

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Introduction

The EB2 National Interest Waiver (NIW) allows you to self-petition for a green card by demonstrating that your work is in the national interest of the United States. In 2016, the landmark Matter of Dhanasar case established the current framework for evaluating NIW petitions.

This guide breaks down the three-prong Dhanasar test and provides practical strategies for building a successful NIW case.

Understanding the Dhanasar Framework

The Dhanasar framework requires you to establish all three of the following prongs:

Prong 1: Substantial Merit and National Importance

Your proposed endeavor must have both substantial merit and national importance.

What "Substantial Merit" Means:

  • Significant potential for advancement in your field
  • Well-defined and realistic research or business goals
  • Methodologically sound approach
  • Feasible given your background and resources

What "National Importance" Means:

  • Broader implications beyond your immediate field
  • Potential to benefit the United States as a whole
  • Alignment with national priorities or challenges

Strong Examples:

STEM Fields:

  • AI research for healthcare applications
  • Renewable energy technology development
  • Cybersecurity solutions for critical infrastructure
  • Drug discovery for rare diseases

Healthcare:

  • Telemedicine platforms for underserved areas
  • Medical device innovation for aging population
  • Public health research on infectious diseases

Business/Entrepreneurship:

  • Technology startups creating American jobs
  • Supply chain innovations for national security
  • Educational platforms improving STEM education

Evidence for Prong 1:

  • Detailed business plan or research proposal
  • Expert letters explaining significance
  • Market research showing potential impact
  • Government reports highlighting relevant national needs
  • Patent applications or published research

Prong 2: Well-Positioned to Advance the Endeavor

You must be well-positioned to advance your proposed endeavor.

What USCIS Looks For:

  • Relevant education and training
  • Professional experience in the field
  • Track record of accomplishments
  • Access to resources and infrastructure
  • Network and partnerships that support your work

Strong Evidence:

Education and Training:

  • Advanced degrees relevant to your endeavor
  • Specialized training or certifications
  • Continuing education in cutting-edge techniques

Professional Experience:

  • Progressive career advancement
  • Leadership roles in relevant projects
  • Successful completion of similar endeavors
  • Industry recognition of your expertise

Track Record:

  • Publications in your field
  • Patents or intellectual property
  • Previous successful projects
  • Awards and recognition

Resources and Support:

  • Institutional affiliations with universities or companies
  • Funding or grant awards
  • Partnerships with other experts or organizations
  • Access to facilities and equipment

Evidence for Prong 2:

  • Detailed CV highlighting relevant experience
  • Letters from supervisors describing your contributions
  • Documentation of resources available to you
  • Partnership agreements or MOUs
  • Grant awards or funding commitments

Prong 3: Benefit to the United States

On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements for you.

Factors USCIS Considers:

  • Urgency of your proposed endeavor
  • Potential for widespread benefits
  • Whether others are available to carry out the work
  • Your unique qualifications and advantages
  • National interest in waiving normal requirements

Making the Case for Waiver:

Urgency Arguments:

  • Time-sensitive nature of your work
  • Competitive advantage requiring immediate action
  • Rapidly evolving field where delays are costly

Unique Value Arguments:

  • Specialized expertise not readily available
  • Unique combination of skills and experience
  • Innovative approach that others haven't pursued
  • International experience bringing global perspective

Broad Impact Arguments:

  • Potential to create jobs for U.S. workers
  • Technology transfer benefiting multiple industries
  • Educational impact training the next generation
  • Economic benefits exceeding normal market considerations

Evidence for Prong 3:

  • Economic impact studies or projections
  • Letters from U.S. beneficiaries of your work
  • Evidence of job creation or economic activity
  • Comparison with labor certification process showing advantages
  • Government priority statements supporting your field

Building a Strong NIW Case

Case Strategy Tips:

  1. Connect the Dots: Clearly link your background, proposed work, and national benefit
  2. Be Specific: Avoid vague statements about "advancing science" or "helping America"
  3. Show Progress: Demonstrate that you're already making meaningful contributions
  4. Address All Three Prongs: Don't focus only on your qualifications - address the national interest clearly

Expert Letters Strategy:

Get letters from:

  • Independent experts who can vouch for your field's importance
  • Potential beneficiaries of your work
  • Government officials (if appropriate) supporting your field
  • Industry leaders who understand the commercial potential

Letter content should:

  • Explain the national importance of your work
  • Describe your unique qualifications
  • Compare you to others in the field
  • Project future impact of your endeavor

Common Mistakes to Avoid:

  1. Generic national benefit claims without specific evidence
  2. Focusing only on personal qualifications without showing national interest
  3. Weak or generic expert letters
  4. Insufficient business plan or research proposal
  5. Not addressing the labor certification waiver directly

Industry-Specific Strategies

STEM Professionals:

  • Emphasize innovation and competitiveness
  • Show potential for technology transfer
  • Highlight national security implications if applicable
  • Document economic impact potential

Healthcare Professionals:

  • Focus on public health benefits
  • Emphasize underserved populations
  • Show cost savings to healthcare system
  • Highlight research applications

Entrepreneurs:

  • Demonstrate job creation potential
  • Show economic impact in specific regions
  • Emphasize innovation and competitive advantage
  • Document investment and resource commitments

Timeline and Processing

Typical Timeline:

  • Case preparation: 3-6 months
  • USCIS processing: 8-15 months
  • Premium processing: Available for faster adjudication

Next Steps After Approval:

  • Priority date becomes current
  • File I-485 if in the U.S.
  • Consular processing if abroad
  • Continue pursuing your proposed endeavor

Conclusion

The Dhanasar framework provides a clear roadmap for NIW success, but requires careful preparation and strong evidence. Focus on building a compelling case that addresses all three prongs while clearly articulating how waiving the normal requirements serves the national interest.

The key is to show not just that you're qualified, but that your work is so important to the United States that it justifies bypassing the normal labor certification process.

Need help building your NIW case? Our expert consultation services can help you develop a winning strategy under the Dhanasar framework.