The Dhanasar framework, prong by prong

Since Matter of Dhanasar, decided in 2016, USCIS has assessed National Interest Waiver requests under a three-prong framework. You must first qualify for the EB-2 category itself, through an advanced degree or exceptional ability. The waiver is then granted only if all three prongs are met.

Prong one: substantial merit and national importance

The question here is about the endeavor, not about you. What exactly do you plan to do in the United States, and why does it matter beyond your own employer or clients?

Substantial merit can come from many fields: science, technology, health, education, business, culture. National importance is about potential prospective impact. An endeavor can be nationally important without being national in geographic scope, for example if it has broader implications for a field, or significant economic effects.

Where petitions go wrong: the endeavor is described too vaguely (“I will continue my research in engineering”) or too narrowly (a description of one job at one company).

Prong two: well positioned to advance the endeavor

Now the focus moves to you. USCIS looks at your education, skills and knowledge, your record of success in related work, a model or plan for future activities, any progress already made, and the interest of potential customers, users, investors or other relevant parties.

Where petitions go wrong: a strong CV that does not connect to the endeavor described in prong one. The evidence has to show you are positioned to do this work.

Prong three: on balance, the waiver benefits the United States

The last prong is a balancing test. Would it be beneficial to the U.S. to waive the job offer and labor certification requirements in your case? Factors can include whether labor certification would be impractical for your kind of work, whether the U.S. would benefit from your contributions even if qualified U.S. workers are available, and whether the national interest in your contributions is sufficiently urgent.

Where petitions go wrong: treating this prong as a formality and repeating the first two.

Reading your own profile against the test

A useful exercise is to write one paragraph per prong in plain language. If the first paragraph is hard to write, the endeavor is probably not defined well enough yet. If the second paragraph lists achievements that have nothing to do with the first, the profile needs a better link between past and planned work.