The Dhanasar Test: The Three Prongs of an NIW Case

Immigration » Employment-based green cards » National interest waiver » Dhanasar test

NIW petitions are decided under a framework from a precedent decision, Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). After you show that you qualify for the EB-2 category, you must satisfy three prongs. Each needs its own evidence and explanation.

Prong 1: Substantial merit and national importance

Your proposed endeavor must have substantial merit, for example in business, science, technology, health, education or culture, and it must have national importance. National importance looks at the potential effect of the work, not only at where you work. Work with broader implications, such as significant economic benefit, a health benefit or progress in a field, may support this prong.

Government, industry or academic reports that show the need for the work.
Evidence of the potential reach of your work beyond one employer or region.
Funding, partnerships or policy support that signals the importance of the area.

Prong 2: Well positioned to advance the endeavor

You must show that you are in a good position to carry out your plan. USCIS looks at your education, skills and record of success, a model or plan for the future, progress already made and interest from investors, customers, collaborators or agencies.

Publications, citations, patents, products or results that show a track record.
A clear plan and timeline for the work you will do in the United States.
Letters of interest or support from people who can act on your work.

Prong 3: Balance in favor of a waiver

Finally, you must show that, on balance, it would benefit the United States to waive the job offer and labor certification. Factors can include that a labor certification is impractical because you are self-employed or work across employers, that the United States has an interest in your contributions and that your work is urgent.

How we build the argument

We map each piece of evidence to the prong it supports, avoid generic claims and present a focused story about what you will do and why it matters. We also prepare for the questions USCIS may ask in a request for evidence.

Building each prong in practice

Prong 1 in practice

Define the endeavor in specific terms: what problem you address, with what method and for whom.
Show merit by pointing to the field, such as health, energy, education, technology or business.
Show national importance with reliable sources: government strategy documents, agency data, industry studies and peer research.
Explain the reach: why the benefit extends beyond your employer, state or a small group.

Prong 2 in practice

Educational background and training that fit the work.
A record of results, such as publications, patents, products, grants or measurable outcomes.
A plan that shows how you will carry out the next steps, with milestones.
Signs of interest from customers, funders, collaborators or agencies.

Prong 3 in practice

This prong asks why the United States should skip the usual job offer and labor certification for you. Arguments commonly include the urgency of the work, the impracticality of a labor certification for someone who works for themselves or across organizations, and the benefit the country gains from your contributions. We tie the argument to the facts of your case, not to general slogans.

Mistakes that cost cases

Treating the three prongs as one general argument.
Using templates that could describe any applicant.
Over-relying on the importance of the field without showing your own role.
Leaving out evidence that you have already begun the work.

Talk to us about your NIW petition

Request a consultation to review your background and options. Legal plan members can mention their plan when booking.

This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Immigration rules, policies and fees change often, so we confirm the current requirements before any filing. Last updated: November 2026.