The Dhanasar case is the reference the USCIS uses to evaluate a waiver request (the National Interest Waiver) within the EB-2 NIW. It organizes the analysis around three prongs, and your case needs to be persuasive on all of them.
The first prong is the merit and national importance of your endeavor: demonstrating clearly that your field of work has substantial value and a scope that matters to the United States, whether in the economic, scientific, technological, cultural, or social sphere.
The second prong is being well positioned to advance that endeavor: bringing together your education, experience, track record, publications, recognition, partnerships, and resources to show that you are the prepared person to carry it forward.
The third prong is the balance of benefits: arguing that, on the whole, it would be advantageous for the United States to waive the job offer and labor certification requirements in your case, rather than following the standard process.
Each petition is evaluated individually, so it is worth consulting the updated USCIS guidelines and, if possible, reviewing your strategy with a specialist before assembling your case.
Learn more about EB-2 NIW
- Category
- EB-2 NIW Green Card
- Self-petition
- Allowed (no sponsor needed)
- PERM
- Waived
- Processing
- 12-36 months
About the author
Victoria Harper
Editor-in-Chief
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.