How important is the third factor of the Dhanasar standard, regarding whether waiving the job offer is beneficial to the United States?

This is one of the most decisive points in the analysis. Under the Dhanasar standard, used to evaluate EB-2 NIW petitions, the third factor examines whether, on balance, it is beneficial to the United States to waive the job offer requirement and labor certification in your case.

While the other elements look at the merit and importance of your work and how well positioned you are to carry it forward, this factor makes the final weighing: even if the others are demonstrated, you still need to convince the authority that forgoing the traditional labor certification process serves the country’s interest. That is why it often proves to be the determining factor in the outcome.

In practice, it is worth building this argument by showing why requiring a job offer would be counterproductive in your case, for example:

• The independent or flexible nature of your work and its impact.
• The urgency or relevance of your work to a strategic field.
• Evidence that the benefit to the country outweighs the gain from protecting the local labor market through certification.

Since the evaluation is made on a case-by-case basis and with careful scrutiny, it is worth reviewing the updated criteria under the standard with USCIS or a specialist before filing your petition.

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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.