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Matter of Dhanasar: what it is

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Matter of Dhanasar: definition

Key answer

Matter of Dhanasar is the 2016 precedent that set the three-prong test for EB-2 NIW: (1) your work has substantial merit and national importance for the US; (2) you are well positioned to advance it; (3) it benefits the US to waive the employer and labor-certification requirements.

All three prongs are weighed together with your proposed endeavor - what you plan to do in the US. The weak spot of many petitions is a vague endeavor and an unconvincing second prong.

You can check your story against the Dhanasar test in plain language with the NIW-check tool; EB-2 NIW itself is covered on a separate page.

Matter of Dhanasar: the official source

Matter of Dhanasar: what to do - tools

Matter of Dhanasar: read next

Matter of Dhanasar: documents and templates from the library

Matter of Dhanasar: from community discussions

  • «If you're the founder yourself and there's basically nobody else in the company, you need to at least set up a board of directors that has the authority to hire or fire you, that is, so your employer is distinct from you.»

    Eugene · from public community chats

  • «That's what I did. My cofounder is my nephew and of course he couldn't care less what I do. You can be/live anywhere and register a company here. And yes, that's the whole catch, your cofounder has to have the ability to fire you, otherwise your position is sort of not genuinely an employee one.»

    community member · from public community chats

  • «You need a petitioner. That's not you) Either it's a cofounder with more than a 50% stake in the company, or any other person from your field with US citizenship, if you have letters from employers.»

    Ekaterina · from public community chats

Personal opinions of community members from public discussions, not legal advice.

Matter of Dhanasar: related terms

All glossary terms

A reference definition, not legal advice. Requirements and procedures depend on your case - verify on uscis.gov.

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