What is the Matter of Dhanasar decision?

The Matter of Dhanasar decision is a landmark ruling for those pursuing the EB-2 NIW (National Interest Waiver). Issued by the Board of Immigration Appeals (BIA), it redefined and modernized how petitions seeking a waiver of the job offer requirement are evaluated, replacing an earlier standard that was considered more restrictive with a more flexible approach.

In practice, the decision structured the analysis around a set of considerations regarding the candidate’s profile and proposed endeavor:

• The proposed work has substantial merit and national importance.
• The candidate is well positioned to advance the proposed endeavor.
• Waiving the job offer requirement would benefit the national interest of the United States.

This framework allows for a broader, more individualized assessment of the impact a professional can have in the country. Even so, each case depends on its own specific facts. To understand how these parameters apply to your profile, it is worth consulting the updated guidance on the USCIS website and seeking support from qualified professionals.

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.