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EB-2 NIW Dhanasar Practice Pointer

Updated: Author: Alina Kanametova

Reference Guides 7 pages Anonymized Access on request

Seven-page reference document from an EB-2 NIW case file (Berger 002): petition and post-filing material shared as an example.

EB-2 NIW Petition After filing

About this document

A practice pointer on the AAO's Matter of Dhanasar and how post-2016 NIW adjudications were trending. It summarizes the three Dhanasar prongs, compares research and non-research cases, and flags USCIS and AAO patterns in RFEs, citations, business plans, and reference letters. It also notes how the authors see the third prong as usually satisfied once the first two prongs are met.

Key points

  • Explains that Dhanasar changed NIW adjudication in late 2016 and led USCIS to pause NIW processing for retraining in early 2017.
  • States the three prongs: substantial merit and national importance, well positioned to advance, and balance favoring waiver of job offer/labor certification.
  • Says research usually satisfies national importance more easily, while non-research endeavors face closer scrutiny and need broader field impact.
  • Notes USCIS often looks for citation counts, comparative statistics, implementation of work, and specific evidence of outside interest or funding.
  • Says business plans alone are not enough; USCIS looks for documented past success, customer/investor interest, and specific economic benefit.
  • States that for entrepreneurs, direct and substantial job creation and specific business details are important to the national importance analysis.
  • Says the authors see USCIS still leaning heavily on past accomplishments and using pre-Dhanasar or boilerplate RFE language.
  • States no AAO case discussed was denied solely on the third prong when the first two prongs were met.

When it helps

A practice memo for arguing NIW eligibility under Matter of Dhanasar. It serves as support for the national importance, well-positioned, and balancing prongs, especially where the record relies on research impact, citations, letters, or business evidence.

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