Do I necessarily have to relate everything to the Dhanasar case in the text?

The EB-2 NIW (National Interest Waiver) visa allows qualified professionals with advanced skills to request a waiver of the job offer requirement when their work is considered to be in the national interest of the United States. In practice, many applicants wonder about the role that the Dhanasar decision plays in their petitions. Although the Dhanasar decision is an important reference as it establishes the criteria and framework to evaluate whether a case qualifies as being in the national interest, it is not mandatory that the entire text of your petition explicitly refers to it.

What truly matters is to clearly and well-substantiated demonstrate how your work meets the required criteria – that is, that your activity has substantial merit, national impact, and that waiving the job offer requirement will bring considerable benefits to the country. When preparing your request, it is essential to focus on presenting consistent evidence and arguments that illustrate your achievements, accomplishments, and the relevance of your work to the United States.

If the Dhanasar decision serves as a basis for supporting some of your arguments, you may mention it to reinforce the legal logic and compliance with the currently adopted criteria, but it does not need to dominate or determine the entirety of the narrative. The important thing is that you are aligned with the current immigration laws and guidelines and that you present your situation in a clear and objective manner.

Finally, it is crucial to exercise caution when dealing with information in the immigration field. Always seek information from reliable sources, avoid proposals that guarantee easy results, and remember the importance of remaining in compliance with United States immigration laws. If you have specific doubts, consider consulting specialized professionals, but always with care to verify the integrity and reputation of the services offered.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.