Matter of Dhanasar and the three NIW prongs

What is Matter of Dhanasar?

Matter of Dhanasar, 26 I&N Dec. 884, is a precedent decision of the Administrative Appeals Office (AAO) of U.S. Citizenship and Immigration Services (USCIS). It was decided on December 27, 2016. It sets the framework USCIS uses to decide whether a National Interest Waiver (NIW) is in the national interest.

A precedent decision binds USCIS officers in later cases. That is why every EB-2 NIW petition filed since 2017 is built around the same 3 prongs, and why the USCIS Policy Manual quotes Dhanasar throughout its NIW chapter.

Dhanasar applies only after EB-2 eligibility is shown. A person first qualifies as an advanced degree professional or a person of exceptional ability. Then Dhanasar decides whether the job offer and labor certification can be waived. For the full 2-step process, see EB-2 NIW requirements explained (opens in a new tab).

What did Matter of Dhanasar replace?

Dhanasar vacated an earlier precedent, Matter of New York State Department of Transportation, decided in 1998 and known as NYSDOT. NYSDOT used a 3-part test that the AAO found hard to apply. Dhanasar kept the idea of a 3-part test but rewrote what each part asks.

Two changes mattered most:

• No more "national in scope." NYSDOT asked whether the benefit was national in scope. That often turned on geography. Dhanasar looks at an endeavor's potential impact instead, so a local project can still show national importance.
• No comparison with U.S. workers. NYSDOT asked whether the person would serve the national interest to a substantially greater degree than an available U.S. worker with the same qualifications. That was hard to apply to entrepreneurs and the self-employed. Dhanasar replaced it with a balancing test.

The result was a test that fits more kinds of endeavors, including founders, as long as the evidence supports each prong.

What are the three Dhanasar prongs?

Under Dhanasar, USCIS may grant a National Interest Waiver when 3 things are shown. The proposed endeavor has substantial merit and national importance. The person is well positioned to advance it. And on balance, waiving the job offer and labor certification would benefit the United States. The petitioner proves each prong by a preponderance of the evidence.

The waiver stays discretionary. Meeting the 3 prongs makes a person eligible for it. USCIS still decides each case on its own record.

What does prong 1 ask?

Prong 1 looks at the proposed endeavor, not the person's occupation. Substantial merit can come from business, science, technology, culture, health or education. National importance asks about the endeavor's potential prospective impact. An endeavor with broad implications for a field, or significant economic effects, can qualify.

The current USCIS Policy Manual gives examples on both sides. Classroom teaching without broader implications does not show national importance. Neither do a national shortage in an occupation or benefits to one employer. A technology with wide interest in adoption, or a drug with public health benefits, can. Our article on what national importance means for an NIW goes deeper.

What does prong 2 ask?

Prong 2 turns to the person. USCIS considers education, skills and knowledge, a record of success in related work, a model or plan for future activities, progress toward the endeavor, and interest from potential customers, users, investors or other relevant parties. The person does not have to show the endeavor will succeed.

A plan is named in the decision itself as one factor. The current Policy Manual adds a condition: business plans are useful, but should be supported by independent evidence such as contracts, letters of intent or investment. For how to describe the endeavor itself, see how to describe your proposed endeavor.

What does prong 3 ask?

Prong 3 is a balancing test. USCIS weighs whether it would be impractical for the person to get a job offer or labor certification, whether the United States would benefit from the person's contribution even if qualified U.S. workers are available, and whether the national interest in the contribution is urgent enough to waive the usual process.

The decision also addressed entrepreneurs and self-employed people directly. A labor certification is built around an employer and a job opening, which may not fit someone creating their own business. For founders, the Policy Manual adds that job creation and economic impact can weigh in favor here. See EB-2 NIW for entrepreneurs and founders.

What were the facts of the Dhanasar case?

The petitioner was an engineer with advanced degrees. His proposed endeavor combined research and development on air and space propulsion systems with teaching aerospace engineering. The USCIS Policy Manual still uses these facts to explain the difference between an occupation (engineer) and an endeavor (the specific work he planned).

The AAO looked at each part of the endeavor separately. It found that his research had national importance, given its relevance to U.S. aerospace and defense interests, and that he was well positioned to advance it through his degrees, research record and supporting letters. It found the teaching work did not show national importance on its own. The AAO granted the waiver based on the research.

How does USCIS apply Dhanasar today?

USCIS applies Dhanasar through Volume 6, Part F, Chapter 5 of its Policy Manual, updated on January 15, 2025 by Policy Alert PA-2025-03. The update kept the 3 prongs and added guidance on EB-2 eligibility first, on what counts as an endeavor, on letters, on STEM degrees and on entrepreneurs.

Two points from the update matter for preparation. First, USCIS can deny a petition at the EB-2 step without reaching Dhanasar. Second, broad claims about economic benefits or job creation do not establish eligibility. The evidence has to tie the specific endeavor to each prong.

Since August 5, 2026, USCIS policy also allows a denial without a Request for Evidence when required initial evidence is missing. A complete first filing carries more weight than before. Government processing times are set by the authorities.

Where does VisaPlans fit?

VisaPlans prepares the EB-2 NIW Business Plan (opens in a new tab), built to document the endeavor against each Dhanasar prong, in a Business Plan or Personal Plan format. Expert-trained AI writes the plan and a human specialist reviews every page. Delivery is within 3 business days of confirmed information. See pricing (opens in a new tab) for what is included.