The Matter of Dhanasar decision in 2016 established a new framework for evaluating EB-2 National Interest Waiver petitions. This three-prong test replaced the previous standard and provides clearer guidance for applicants.
Prong 1: Substantial Merit and National Importance
Your proposed endeavor must have both substantial merit and national importance. "Substantial merit" can include value in business, entrepreneurialism, science, technology, culture, health, or education. "National importance" requires showing implications beyond a specific locality.
Key strategies: Connect your work to national priorities, government initiatives, or broad societal challenges. Document the potential reach and impact of your endeavor.
Prong 2: Well-Positioned to Advance the Endeavor
You must demonstrate that you are well-positioned to advance your proposed endeavor. USCIS considers factors including education, skills, knowledge, record of success, model or plan for future activities, and progress toward achieving the endeavor.
Key strategies: Highlight relevant education and training, document past successes, present a clear and realistic plan, show any progress already made.
Prong 3: Beneficial to Waive the Job Offer Requirement
The final prong requires showing that it would be beneficial to the United States to waive the job offer and labor certification requirements. This involves a balancing test weighing factors like urgency, uniqueness of skills, and potential for economic impact.
Key strategies: Explain why the labor certification process would be impractical, demonstrate unique contributions you can make, show urgency or time-sensitivity if applicable.
Putting It All Together
A successful NIW petition addresses all three prongs with specific, well-documented evidence. The petition should tell a compelling story that connects your background, your proposed endeavor, and the national interest.