USCIS has clarified the criteria for the EB-2 National Interest Waiver (NIW) through the Dhanasar Framework established in 2016. This framework outlines a three-part test that applicants must meet to demonstrate their work’s national importance and merit.
Key Details:
- Prong 1: Applicants must show their work has substantial merit and national importance, impacting areas like the economy, health, or security.
- Prong 2: Candidates must demonstrate they are well-positioned to advance their work through their education, experience, and achievements.
- Prong 3: It must be shown that waiving the job offer and labor certification would benefit the U.S., allowing for timely contributions.
- Common mistakes include focusing too much on Prong 1 while neglecting the other two prongs, which all require equal documentation.
This framework is essential for every NIW petition, ensuring that applicants present a balanced case.
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Source: Khalil M.