Do I need to reference the Dhanasar case throughout my petition?

In EB-2 NIW, you are not required to tie every part of your petition to the Dhanasar case. It is an important precedent because it organizes how adjudicators assess whether a case serves the national interest, but that does not mean every paragraph must cite it explicitly.

What truly matters is demonstrating, in a clear and well-supported way, that your work fits within that framework. In qualitative terms, this generally means showing that:

• Your work has substantial merit and importance.
• You are well positioned to advance that work.
• Waiving the job offer requirement would bring a meaningful benefit to the country.

If the precedent helps support a particular argument, you may reference it to reinforce the legal coherence of your case, but it does not need to dominate the narrative. The weight lies in your evidence and the logical flow of your case, not in the number of citations.

Because guidelines can change and every case is unique, it is worth verifying the current criteria at the official source (USCIS) or with a specialist before filing.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.