The Dhanasar Framework: How USCIS Evaluates NIW Petitions

On December 27, 2016, USCIS issued Matter of Dhanasar, 26 I&N Dec. 884, fundamentally changing how National Interest Waiver petitions are evaluated. This decision replaced the previous Matter of New York State Department of Transportation (NYSDOT) standard.

Dhanasar created a more flexible, forward-looking framework. Unlike NYSDOT's rigid requirements, the new test gives greater weight to individual qualifications and future plans.

The framework establishes three prongs all petitioners must satisfy:

• Prong 1: Substantial merit and national importance
• Prong 2: Well positioned to advance the endeavor
• Prong 3: Balance of equities favors waiving job offer

Understanding Dhanasar is essential for anyone pursuing an EB-2 NIW petition. The framework applies to all NIW petitions adjudicated after December 27, 2016. Approval rates have generally improved, particularly for STEM fields, healthcare, and education.

Before Dhanasar, NIW petitions were governed by Matter of NYSDOT, 22 I&N Dec. 215 (1998). NYSDOT required three elements: (1) work in an area of substantial intrinsic merit, (2) proposed benefit national in scope, and (3) national interest would be adversely affected if labor certification were required.

The third prong proved particularly challenging. It effectively required showing no qualified U.S. workers were available. This created a high bar that limited the NIW category's utility.

In Dhanasar, the AAO recognized that NYSDOT "unduly constrains consideration of whether a foreign national's contributions are valuable enough to warrant a national interest waiver." The rigid test didn't account for diverse ways foreign nationals might contribute to national interest.

The shift represented a fundamental philosophical change. Rather than proving labor certification would harm national interest, Dhanasar asks whether waiving the job offer requirement would benefit the United States. This reframing opened NIW to entrepreneurs, researchers, healthcare professionals, educators, and others whose work serves important national goals.

The first prong requires demonstrating your proposed endeavor has both substantial merit and national importance. USCIS evaluates the nature of your field, the specific endeavor, and its potential impact on the United States.

Substantial merit can be established in many fields:

• Business and entrepreneurialism
• Science and technology
• Healthcare and medicine
• Education and culture

What matters is the value and importance of your specific work. A researcher developing rare disease treatments, an entrepreneur creating jobs in underserved communities, or an educator improving STEM outcomes can all establish substantial merit.

National importance doesn't require nationwide impact. An endeavor can have localized focus while addressing issues of national concern. Research at a single university may have national importance if it advances knowledge critical to U.S. interests.

Evidence for Prong 1:

• Expert letters explaining field significance and your specific contributions
• Government policy documents identifying the area as a national priority
• Published research or media coverage highlighting the issue's importance
• Funding or recognition from national-level organizations

Common qualifying endeavors include medical research addressing significant diseases, technological innovations advancing U.S. competitiveness, educational initiatives addressing skill shortages, business ventures creating jobs, and environmental work addressing climate challenges. The key is connecting your work to broader national interests with meaningful value beyond personal gain.

The second prong examines whether you are well positioned to advance your proposed endeavor. USCIS evaluates your education, skills, track record, and plan for continuing work in the United States.

Unlike EB-1A extraordinary ability, this prong doesn't require international recognition. You must demonstrate capability and resources to successfully pursue the endeavor.

Track record of success is most important. Past achievements provide evidence of future capability:

• Research publications and citations
• Patents and products developed
• Businesses launched or grants secured
• Students taught or projects completed

Education and specialized training demonstrate you have the knowledge base required. Advanced degrees (typically required for EB-2 classification) provide strong evidence. However, education alone is rarely sufficient. USCIS wants to see you've applied education to produce tangible results.

Current position and resources strengthen your case. While a job offer isn't required for NIW, evidence you have means to continue work helps:

• Current position at research institution or company
• Access to necessary equipment, facilities, or data
• Letters from collaborators willing to work with you
• Funding commitments from agencies, foundations, or investors

Strong evidence for Prong 2: Detailed CV documenting education and accomplishments, publications in peer-reviewed journals, citation evidence, patents or tangible outputs, awards and grants, expert letters attesting to your capabilities, evidence of current institutional affiliation, and a detailed plan for continuing work in the U.S.

The third prong examines whether it would benefit the United States to waive job offer and labor certification requirements. USCIS weighs national interest in your work against protecting U.S. workers through labor certification.

Dhanasar provides significant flexibility here. Many petitioners satisfying Prongs 1 and 2 will also satisfy Prong 3.

Factors USCIS considers:

• Whether you'll create jobs for U.S. workers
• Whether labor certification would be impractical given your work's nature
• Urgency of your work
• Whether contributions primarily benefit U.S. workers or economy

You don't need to prove no qualified U.S. workers exist. You only need to show waiving labor certification serves national interest.

For entrepreneurs: Demonstrate job creation potential. If your business will employ U.S. workers, waiving labor certification clearly benefits the United States. Evidence includes business plans showing projected hiring and investor letters supporting job creation claims.

For researchers and academics: Labor certification is often impractical for research careers. Research positions are project-specific and require highly specialized expertise. The advertising and testing process could delay critical research.

For all petitioners: Show your work benefits U.S. interests broadly. Will research advance medical knowledge for U.S. patients? Will technology benefit U.S. consumers? Will educational work improve outcomes for U.S. students? These benefits support waiving labor certification.

In practice, petitioners who clearly satisfy Prongs 1 and 2 typically satisfy Prong 3 without extensive additional argument. However, address this prong explicitly with affirmative arguments for why the waiver serves U.S. interests.

Building a successful NIW petition requires strategic evidence presentation for each prong. Certain strategies prove effective across different petition types.

For Prong 1: Define your endeavor in concrete, specific terms. Rather than "cancer research," specify "developing targeted therapies for triple-negative breast cancer using CRISPR gene editing." Connect to documented national priorities using government reports, policy documents, and published research.

Expert letters should explicitly address why your specific endeavor (not just your field) has substantial merit and national importance.

For Prong 2: Organize evidence chronologically to show increasing expertise and impact. Start with educational foundation, then document how you've built upon it. Quantify impact wherever possible: citation counts, students taught, revenue generated, grants secured, patents filed.

Expert letters should attest to your specific qualifications, ideally comparing you favorably to others in the field. If your endeavor requires resources or institutional support, document you have access to what you need.

For Prong 3: Make affirmative arguments about why waiver serves U.S. interests. Don't just argue labor certification would be inconvenient. If you're creating jobs, document that clearly. If labor certification is impractical, explain why in detail. If your work benefits U.S. workers, patients, or communities, provide specific examples.

Expert letters are crucial for all three prongs:

• Select letter writers who are recognized authorities in your field
• Each letter should address specific Dhanasar prongs
• Letters should demonstrate writer's own credentials and authority
• Three to five strong, specific letters beat eight generic ones

For more guidance on securing strong support, see our guide to recommendation letters.

Documentation strategy matters: Organize your petition to mirror the Dhanasar framework with sections clearly labeled for each prong. Use detailed table of contents, clear exhibit labeling, and point-by-point index. Make the USCIS officer's job easy to increase approval likelihood.

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