What is the Matter of Dhanasar (2016) decision?

The Matter of Dhanasar decision, issued in 2016, represents an important milestone for applicants seeking the EB-2 NIW (National Interest Waiver) visa benefit in the United States. This decision, issued by the Board of Immigration Appeals (BIA), established new criteria that guide how requests for waiving the job offer requirement can be evaluated.

Before this decision, the criteria for granting the EB-2 NIW were considered quite restrictive. The Matter of Dhanasar reshaped these parameters, bringing a more flexible and modern approach. Now, for a candidate to be eligible, it is necessary to prove that their work has substantial merit, that their field of activity holds national relevance, and that by waiving the traditional job offer requirement, the United States would gain significant benefits by welcoming this initiative.

This new guidance is based on three main points: first, showing that the project or activity developed by the candidate has merit and importance at a national level; second, demonstrating that the candidate is well-prepared to successfully implement this project; and third, proving that waiving the job offer requirement would significantly benefit the national interest.

This framework aims to facilitate the analysis of individual cases, allowing a more comprehensive and detailed evaluation of the impact the professional can have on the country. It is crucial to remember that, when dealing with immigration processes, it is indispensable to strictly follow the laws and guidelines established by the United States government.

Given the complexity and nuances of these procedures, it is highly recommended to seek support from reliable sources and specialized professionals, avoiding misleading information or unfounded promises that often circulate in marketing campaigns. Each case has its particularities; therefore, although the Matter of Dhanasar decision has brought clearer guidelines, the analysis will always depend on the individual details of each application.

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.