The Dhanasar Framework comes from a 2016 precedent case that set the legal standard USCIS uses to decide if you qualify for a National Interest Waiver (NIW). Meeting this standard allows you to bypass the requirement for a job offer and the PERM labor certification process, provided you satisfy all three prongs of the test.
Prong 1: Substantial Merit and National Importance
Your work must demonstrate significant value and benefit the United States on a broad scale. This could include contributions to public health, education, STEM fields, national security, or advancing equity. Research, innovation, social impact, and economic contributions are all recognized under this prong.
Prong 2: Well-Positioned to Advance the Endeavor
You must show that you have the skills, qualifications, and proven track record to successfully carry out your proposed work. Evidence can include your educational background, past achievements, professional experience, media recognition, strong recommendation letters, and measurable project outcomes.
Prong 3: Waiving Labor Certification Benefits the U.S.
Normally, the labor certification (PERM) process exists to protect U.S. workers. However, you need to demonstrate that waiving this requirement serves the public interest. This means showing that your work is urgent, unique, or difficult to replicate, and that allowing you to continue your contributions without delay is beneficial for the country.
Reminder
To qualify for a National Interest Waiver, you must meet all three Dhanasar prongs:
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Substantial Merit & National Importance
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Well-Positioned to Advance the Endeavor
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Waiving Labor Certification Benefits the U.S.
Useful Resources
For tools and resources to strengthen your NIW petition—including a comprehensive toolkit, sample recommendation letters, petition templates, and an EB-1A vs. EB-2 NIW comparison guide — visit: www.myeb2niw.com/links.
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