What Is the Dhanasar Framework for EB-2 NIW?
A concise explanation of the Dhanasar three-prong framework for EB-2 NIW petitions and how AAO decisions apply it.
Direct Answer
The Dhanasar framework is the three-prong test USCIS uses for EB-2 NIW petitions: substantial merit and national importance, well positioned to advance the endeavor, and whether a waiver of labor certification benefits the United States.
Examples
A proposed endeavor can have substantial merit but still fail if the petitioner does not prove national importance.
A strong CV can support the well-positioned prong, but it must connect to the specific future endeavor.
The waiver prong asks why the United States benefits from skipping the normal job offer and labor certification process.
Prong one: substantial merit and national importance
Substantial merit asks whether the work has value. National importance asks whether the specific proposed endeavor has broader implications beyond the beneficiary's immediate employer, clients, or private business interests.
AAO decisions often deny this prong when the record discusses an important field but does not show the prospective impact of the beneficiary's specific endeavor.
Prong two: well positioned
The second prong asks whether the beneficiary is well positioned to advance the proposed endeavor. Evidence may include education, experience, prior achievements, publications, citations, funding, contracts, expert letters, patents, or adoption.
The key is connection. Credentials matter more when they show the beneficiary can execute the proposed work.
Prong three: the waiver benefits the United States
The third prong weighs whether, on balance, it would benefit the United States to waive the job offer and labor certification requirement.
A strong draft explains why the endeavor, the beneficiary's positioning, and the practical need for flexibility justify the waiver.
FAQ
Is Dhanasar only for entrepreneurs?
No. Dhanasar applies across EB-2 NIW petitions, including research, medicine, engineering, education, business, technology, and entrepreneurial cases.
What is the most common Dhanasar problem?
A common problem is proving that a broad field is important while failing to prove the national importance of the beneficiary's specific proposed endeavor.