Overview: The national interest waiver, or NIW, lets certain EB-2 applicants skip the job offer and Labor certification (PERM)The Department of Labor process in which an employer shows that no qualified U.S. worker is available for a position, required for most EB-2 and EB-3 petitions.See it in the glossary labor certification and file Form I-140Immigrant Petition for Alien Worker, filed by an employer (or in some categories the worker) to classify a person under an employment-based category.See it in the glossary themselves. USCIS decides these cases with the three-part test from Matter of Dhanasar, a 2016 precedent decision. This guide explains what each part of the Dhanasar test asks, in plain terms.
Qualify for EB-2 first
Dhanasar comes second. A PetitionerThe person or employer who files a petition on behalf of a beneficiary, such as a relative filing an I-130 or an employer filing an I-140.See it in the glossary must first qualify for EB-2 itself, either as a professional with an advanced degree or as a person of exceptional ability. Under the Policy Manual, an advanced degree means a U.S. master’s or higher, a foreign equivalent, or a bachelor’s plus five years of progressive experience in the specialty. Exceptional ability means expertise significantly above what is ordinarily found in the sciences, arts, or business, shown through at least three of six types of evidence.
USCIS made that order explicit in its January 2025 update. The update also says the occupation, and for exceptional ability the proposed endeavor, factor into EB-2 eligibility.
Prong 1: substantial merit and national importance
This prong is about the endeavor, meaning the specific work the applicant proposes to do in the United States. Merit can be shown in business, entrepreneurship, science, technology, culture, health, or education. Dhanasar says an endeavor does not need immediate or measurable economic impact, and research or pure science can qualify.
National importance is a separate question. USCIS looks at potential future impact and does not judge it by geography alone. An endeavor with national or global implications in a field can qualify, and so can a locally focused one with broader implications. The decision also names another route: significant potential to employ U.S. workers or produce other substantial economic effects, particularly in an economically depressed area.
The decision itself shows the line. Mr. Dhanasar’s hypersonic propulsion research met the standard. His proposed STEM teaching had merit but was not shown to affect STEM education more broadly, so it did not.
Prong 2: well positioned to advance the endeavor
Now the focus shifts from the work to the person. USCIS considers education, skills, knowledge, and a record of success in related efforts, along with a model or plan for future activities, progress made so far, and interest from potential customers, users, investors, or others.
Applicants do not have to prove the endeavor will succeed. They do have to show it is more likely than not that they are well positioned to advance it. In Dhanasar, repeated government funding and peer interest supported that showing. The 2025 update adds guidance on how USCIS weighs recommendation letters and business plans, with specific examples for entrepreneurs.
Prong 3: balancing the waiver
The last prong asks whether, on balance, it benefits the United States to waive the job offer and labor certification. USCIS may consider whether getting a job offer or labor certification would be impractical, whether the country would still benefit even if qualified U.S. workers are available, and whether the need is urgent enough to justify skipping the process. The factors are weighed together.
This replaced an older test that asked petitioners to show harm to the national interest or compare themselves with available U.S. workers. Even when all three prongs are met, the waiver remains discretionary.
The standard of proof
The standard is a preponderance of the evidence, meaning more likely than not. USCIS weighs quality, including relevance and credibility, and not just quantity.