EB-2 NIW and the Dhanasar three-prong test
A National Interest Waiver lets you self-petition for an EB-2 green card — waiving the job offer and the PERM labor certification — if your work serves the national interest. Since 2016, eligibility is judged against the three prongs of Matter of Dhanasar.
First, the EB-2 baseline
Before the waiver analysis, you must qualify for the EB-2 category itself — either an advanced degree (a U.S. master's or higher, or a bachelor's plus five years of progressive experience) or exceptional ability in the sciences, arts, or business. The National Interest Waiver then removes the two requirements that normally apply: a specific job offer and the PERM labor certification. That's why NIW is self-petitionable.
The three Dhanasar prongs
All three must be satisfied. The officer weighs the evidence for each and then considers them together.
Prong 1 — Substantial merit and national importance
Your proposed endeavor must have both substantial merit and national importance. Merit can be in many fields — research, business, technology, culture, health, education. National importance looks at the potential prospective impact: does the work have implications beyond a single employer, region, or client? Framing matters here — a narrowly local project reads differently than one with national economic, health, security, or scientific significance. Support it with third-party evidence, not just assertions.
Prong 2 — Well positioned to advance the endeavor
You must be well positioned to move the endeavor forward. Officers look at your education, skills, record of success, a model or plan for the work, and any progress or interest from others (funding, adoption, collaborators, users). This is where your track record does the work: publications, citations, patents, prior results, and independent letters that speak to your ability to deliver. Note that you do not have to prove the endeavor will succeed — only that you're well positioned to advance it.
Prong 3 — On balance, beneficial to waive the requirements
Finally, it must be beneficial to the United States to waive the job offer and labor certification. This is a balancing test: given prongs 1 and 2, would it be impractical or contrary to the national interest to require the standard process? Arguments include urgency, your unique fit, or that the benefit of your work isn't tied to one employer. Strength here tends to track how strong prongs 1 and 2 are.
See where your NIW case stands
Our free NIW readiness check evaluates your profile against all three Dhanasar prongs, shows which are strong versus thin, and builds a documentation checklist and attorney-prep questions.
Check my NIW readiness — free →Where NIW petitions draw an RFE
- Prong 1 framed too narrowly — the endeavor reads as regional or tied to one employer, without evidence of national-scale impact.
- Prong 2 thin on independent evidence — a strong résumé but little proof that others rely on, fund, or build on the work; missing a concrete plan.
- Endeavor described too vaguely — officers evaluate a specific proposed endeavor, not a general field or job title.
- Letters that only restate the CV — the most persuasive letters come from independent experts who explain impact, not just close colleagues.
Because NIW is self-petitionable, many applicants prepare the case themselves and bring an attorney in to review and file. If you're near southern Arizona, Tucson immigration attorneys in our sister directory can take it from a readiness map to a filed petition.