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Matter Of Dhanasar EB-2 NIW Criteria And 2026 Requirements
- Dhanasar set out the three-part test USCIS uses for NIW cases.
- Your proposed work needs to show both real value and broader importance.
- Your education, experience, and past work should support your ability to carry out the proposed endeavour.
- You also need to explain why skipping the usual job offer and labour certification process would benefit the U.S.
- USCIS looks at the full picture, including your proposed work and the evidence submitted with your case.
If you are looking into an EB-2 National Interest Waiver, you will likely come across the Matter of Dhanasar. The decision is important because it set out the framework. USCIS uses it when deciding whether an applicant’s work may qualify for a National Interest Waiver.
The case was decided by the Administrative Appeals Office (AAO) in 2016. It introduced a three-prong approach for NIW cases. The analysis looks at the work an applicant plans to pursue in the United States, the applicant’s background and ability to move that work forward, and whether waiving the usual job offer and labor certification requirements would serve the national interest.
In simple terms, Dhanasar gives applicants a way to explain not only what they do but also what they plan to do and why that work matters.
To substantiate each of these legal prongs with authoritative, independent analysis, petitioners can hire our specialized agency to Get a Custom Expert Opinion Letter for USCIS tailored directly to their proposed endeavor and professional background.
What Is The Matter Of Dhanasar?
Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), is a prior decision concerning the EB-2 National Interest Waiver.
The decision established three requirements for an applicant. USCIS asks to accept the job offer and labor certification requirements.
These requirements are commonly referred to as the Dhanasar three-prong test.
- The proposed endeavor has substantial merit and national importance.
- The applicant is well-positioned to advance the proposed endeavor.
- On balance, waiving the job offer and labor certification requirements would benefit the United States.
The decision applies to the National Interest Waiver analysis. An applicant must still qualify for the underlying EB-2 category before the waiver itself is considered.
Why Does The Matter of Dhanasar Matter?
Before Dhanasar, NIW cases were evaluated under a different standard. The 2016 decision replaced that approach with the three-prong framework now associated with NIW cases.
One of the important changes was the emphasis on the applicant’s proposed endeavor.
USCIS is not simply deciding whether an applicant has a valuable profession. The review is tied to the particular work the person plans to pursue.
This can make a significant difference. Two people may have the same job title but very different proposed endeavors. Their NIW cases therefore cannot be evaluated only on the basis of their occupation.
Dhanasar provides a framework for looking at the proposed work, the person behind it, and the reason a waiver may be justified.
What Is The Dhanasar Three-Prong Test?
The three prongs address different parts of an NIW case:
Prong 1: Substantial Merit and National Importance
Your explanation of your occupation should be specific, not simple. An applicant should be able to describe the work they intend to pursue and explain its potential value.
For example, “I will work as a software engineer” is a description of a profession. It does not tell USCIS what the applicant intends to accomplish.
A proposed endeavor might instead involve developing a particular technology, conducting research in a defined area, improving a healthcare process, or pursuing another specific type of work.
What Does Substantial Merit Mean?
An endeavor can have substantial merit in many areas. Science, technology, healthcare, education, business, research, and other professional fields may qualify.
The benefit does not have to be measured only in dollars.
Research that advances scientific knowledge, for example, can have substantial merit even if the commercial results are uncertain or may take years to develop.
What Does National Importance Mean?
National importance is about the potential significance of the proposed endeavor.
It is not sufficient to simply state that an entire industry is important to the United States. USCIS will not accept a claim based solely on industry-level importance. The applicant must draw a direct connection between that broader national interest and their specific proposed work.
An endeavor may be considered to have national importance when its effects extend beyond one employer, one client, or one location.
Work may relate to fields such as technological progress, scientific advancement, healthcare, economic competitiveness, or other interests considered significant on a national level.
A project does not necessarily have to be nationwide in scope. What matters is the potential broader impact of the endeavor.
Prong 2: The Applicant Is Well Positioned to Advance the Proposed Endeavor
Someone can propose valuable, nationally important work, but that does not mean they are prepared to do it.
USCIS shows the applicant’s education, experience, skills, and previous accomplishments. And other evidence that shows progress in the relevant field.
These are the pieces of evidence that include
- Academic degrees and specialized training
- Professional experience
- Research experience
- Publications
- Patents
- Awards
- Evidence of successful projects
- Professional recognition
- Business or professional plans
- Funding or investment
- Relevant partnerships or collaborations
- Interest from organizations, customers, or other parties
The connection between the evidence and the proposed endeavor matters.
A publication may be useful evidence for a research-based endeavor, for example, but its value depends partly on how it relates to the work the applicant plans to pursue.
The point is not to create the longest possible list of accomplishments. It is to show why the applicant’s background puts them in a good position to make progress on the proposed endeavor.
Prong 3: Why Should the Job Offer and Labor Certification Be Waived?
The third prong is about the waiver itself.
In the traditional employment-based process, a permanent job offer and labor certification may be required. An NIW is different because those requirements can be waived when the circumstances support doing so.
The applicant therefore needs to establish why the United States would benefit from allowing the proposed endeavor to move forward without those requirements.
The Dhanasar decision identifies several considerations that can be relevant to this analysis. These include whether it would be impractical to obtain a job offer or labor certification, whether the applicant’s contributions would benefit the United States even if other qualified U.S. workers are available, and whether the national interest in the applicant’s work is sufficiently strong to justify the waiver.
This part of the analysis is not simply a repeat of the first prong. The first asks why the endeavor matters. The third asks why the usual employment requirements should be waived in light of that work.
How Does USCIS Apply The Dhanasar Framework?
USCIS considers the evidence in the context of the applicant’s individual case.
The three prongs are separate, but they are also connected. The proposed endeavor forms the starting point, the applicant’s record helps show whether they can advance it, and the final prong addresses the reason for waiving the normal requirements.
This is why a petition can contain strong credentials and still have weaknesses. A person may have advanced degrees, years of experience, or impressive publications, but those qualifications need to make sense in relation to the proposed endeavor.
The same applies to the endeavor itself. A project may sound important, but the case also needs evidence showing that the applicant is capable of making meaningful progress on it.
What Evidence Is Relevant To The Dhanasar Test?
There is no single document that establishes all three prongs.
It depends on the applicant’s field and the nature of the proposed endeavor. If the letter from expert and knowledgeable professionals is also relevant, it should be included.
Here is the relevant evidence.
- Academic records
- Résumé or CV
- Publications
- Citation evidence
- Patents
- Awards
- Project records
- Professional certifications
- Research plans
- Business plans
- Funding records
- Evidence of professional or industry interest
Note: a large collection of documents is not necessarily stronger than smaller, well-connected evidence.
What Common Problems Arise Under Dhanasar?
-
The Proposed Endeavor Is Too Broad
A general description can make it difficult to understand what the applicant actually plans to pursue.
The more clearly the endeavor is defined, the easier it is to evaluate its potential importance and the applicant’s role in advancing it.
-
The Occupation Is Treated As The Endeavor
A profession and a proposed endeavor are not automatically the same thing.
Being a physician, engineer, researcher, or business professional does not by itself explain what the applicant intends to accomplish.
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Qualifications Are Listed Without Context
Degrees, publications, awards, and professional experience may be valuable, but simply listing them does not explain their relevance.
The evidence becomes more meaningful when it shows how the applicant’s previous work relates to the proposed endeavor.
-
National Importance Is Described Too Generally
An applicant may point to the importance of an entire field without explaining the significance of their own proposed work.
Dhanasar calls for an analysis of the proposed endeavor, not just the profession or industry in which it falls.
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The Waiver Is Not Properly Explained
The third prong has a distinct purpose. A case needs to address why waiving the job offer and labor certification requirements would be beneficial to the United States.
Is Matter of Dhanasar Still Used For NIW Cases?
Yes. Matter of Dhanasar continues to provide the framework for evaluating the National Interest Waiver portion of an EB-2 petition.
USCIS has incorporated the three-prong framework into its policy manual. The agency evaluates the evidence based on the circumstances of each case rather than applying a single profile or set of achievements to every applicant.
For that reason, understanding the actual Dhanasar requirements is more useful than relying on a general list of qualifications that are reportedly “required” for an NIW.
Frequently Asked Questions
What is Matter of Dhanasar?
The Matter of Dhanasar is a 2016 AAO decision that reshaped how EB-2 National Interest Waiver cases get decided. This is the case that established the three-prong test, which is still used to determine whether a person’s proposed work is strong enough to bypass the job offer and labor certification requirements.
What are the three prongs?
First, does the work actually have merit and matter at a national level? Second, is this person genuinely positioned to carry it out? Third, would the U.S. actually gain something by letting this person skip the usual job offer and labor certification process?
Does the work have to impact the whole country?
No, something focused on one city or region can still count as nationally important. The real question is whether its effects reach beyond that local scope, not whether it’s happening everywhere at once.
What kind of evidence actually works here?
Honestly, it varies a lot by field. A researcher might lean on transcripts and publications. A founder might bring a business plan and funding records. Others might point to patents, awards, past project history, or recognition from people already established in the space. There’s no one size fits all list.
Is Dhanasar still what USCIS uses?
Yes, it’s baked into USCIS’s Policy Manual, and officers still go case by case, weighing the facts and evidence against those same three prongs.
Conclusion
The matter of Dhanasar remains the key decision for understanding the EB-2 National Interest Waiver. Its three-prong framework gives USCIS a way to assess the work an applicant plans to pursue, the applicant’s ability to carry it forward, and the reasons a waiver may be in the national interest.
A strong NIW case is not based on one qualification or achievement alone. The proposed endeavor, the applicant’s background, and the supporting evidence need to make sense together.
Explore EB-2 NIW self-petitioning rules, current processing timelines, and expert opinion letter pricing in the comprehensive guides below:
- What Is the EB-2 NIW Visa: Complete 2026 Guide
Demystifies the employment-based National Interest Waiver pathway under the three-prong Matter of Dhanasar framework. Outlines advanced degree and exceptional ability criteria, substantial merit and national importance standards, and strategies to self-petition without employer sponsorship or PERM labor certification. - Processing Time of EB-2 NIW in September 2026: How Long It Takes & How to Avoid Delays
Breaks down current adjudication timelines for Form I-140 NIW petitions across USCIS service centers. Compares standard queue wait times against 45-day Premium Processing and provides actionable evidence strategies to avoid Request for Evidence (RFE) delays. - Cost of EB-2 NIW Expert Opinion Letter: A Complete Pricing Guide for 2026
Details standard market pricing and fee structures for EB-2 NIW expert evaluation letters. Explains key cost drivers—including expedited turnaround speeds, endeavor complexity, and credential assessments—to help petitioners budget effectively for strong independent supporting evidence.
Akash Pundir is the Chief Operating Officer at Document Evaluation LLC, bringing over 5 years of international business operations and legal support experience across the United States, Australia, and India. He has overseen the strategic positioning and analysis of over 1,000+ complex USCIS cases, specializing in guiding expert evaluation teams to draft high-stakes Expert Opinion Letters (EOL), Academic Equivalencies, and defense packets for H-1B, EB-2 NIW, RFEs, and NOIDs. Driven by digital transformation, Akash ensures every evaluation adheres strictly to the latest USCIS legal frameworks and compliance benchmarks.
