How does the final merit analysis of the Dhanasar standard work in EB-2 NIW?

In the EB-2 NIW, the request to waive the job offer and labor certification requirements is evaluated under the standard established in the Dhanasar case. The so-called final merit analysis is the stage where the officer stops examining each requirement in isolation and begins to weigh the case as a whole.

In broad terms, the review rests on considerations that work together:

• Whether the proposed endeavor has substantial merit and national importance.
• Whether the applicant is well positioned to advance that endeavor, considering their track record, experience, and the viability of their plan.
• Whether, on balance, it would be beneficial to the country to waive the job offer and labor certification, given the value of the expected contribution.

It is this last step, the balancing, that gives the final analysis its name: the officer weighs the benefits of the contribution against the interest in maintaining the standard procedure, seeking an equilibrium. Because this is a qualitative review that is sensitive to policy shifts and interpretive changes, always confirm the current criteria with the official source and, ideally, assess your profile with an experienced professional.

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Victoria Harper

Editor-in-Chief

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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.