Matter of Dhanasar: What Each of the Three NIW Prongs Actually Asks
The EB-2 National Interest Waiver rests on a three-part test. Here is what each prong requires and where petitions most often fall short.
IMMIGRATION INSIGHTS
9/3/20262 min read
The National Interest Waiver asks USCIS to waive two requirements that normally apply to EB-2: the job offer and the permanent labor certification. Since 2016, the framework for granting that waiver has come from Matter of Dhanasar, and the USCIS Policy Manual states the three prongs directly.
Prong one: substantial merit and national importance
The first prong asks whether the proposed endeavor has both substantial merit and national importance. These are two separate showings. Substantial merit is a relatively low bar and can be established in business, science, technology, culture, health, or education. National importance is the harder one, and it turns on the broader implications of the work rather than the geography where it happens. Local work with national implications can qualify. Nationally distributed work with narrow implications may not.
Prong two: well positioned to advance the endeavor
The second prong is about you, not about the field. Education, skills, a record of success in related efforts, a plan for future activities, and interest from potential customers, users, or investors all speak to it. Note what the prong does not require: you do not have to prove the endeavor will succeed.
Prong three: on balance, beneficial to waive the requirements
The third prong asks whether, on balance, it would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirements. This is not a formality. It asks why this particular person should be excused from a process that exists to protect US workers. Impracticality of securing a job offer, urgency, and benefit that outweighs the interest in labor market testing are the kinds of considerations that carry weight here.
What changed in 2025
USCIS updated its NIW guidance in January 2025, and the direction of the change is worth understanding.
The update reinforced that EB-2 eligibility itself is a threshold issue. Before any waiver analysis begins, you must qualify as an advanced degree professional or a person of exceptional ability, and that qualification must relate directly to the endeavor you are proposing. A physician proposing a fintech venture has a gap to explain.
The guidance also added examples of national importance arguments that do not succeed on their own. Working in an occupation that has a labor shortage is not enough by itself. Generic claims about creating jobs or growing the economy are not enough by themselves. Entrepreneurs in particular now need particularized, independently corroborated evidence rather than broad economic assertions.
The three prongs themselves did not change. The evidentiary expectations tightened.
The practical consequence
Recommendation letters that assert importance without independent support have always been weak. They are weaker now. What holds up is the combination: a letter that makes a claim, and documentary evidence from a source with no stake in your petition that substantiates it.
HoatPen is a technical writing and consulting service, not a law firm. This article is general information about published USCIS standards and is not legal advice. Verify current guidance against the USCIS Policy Manual before relying on specifics.
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HoatPen ~ part of HoatGroup LLC, is a technical writing and consulting service, not a law firm. We do not provide legal advice or representation in any jurisdiction. Our services focus on helping clients prepare high-quality written materials, including petitions, recommendation letters, and supporting documents based on publicly available immigration guidelines and professional writing standards.