Introduction
If you are researching EB-2 NIW, you are going to come across the name
Dhanasar. That is because this decision shapes how USCIS thinks about
the waiver.
This article is focused on that framework itself. The point here is not
to explain all of NIW again. It is to explain how the three parts of the
Dhanasar analysis work inside the case.
The first prong
The first question is whether the proposed endeavor has substantial
merit and national importance.
That means the work needs to matter in a meaningful way, not just inside
one private business setting.
The second prong
The second question is whether the person is well positioned to advance
the proposed endeavor.
That is where the record matters: education, experience, results,
publications, projects, and other indicators that the person can
actually carry the work forward.
The third prong
The third question is whether, on balance, it would benefit the United
States to waive the normal job offer and labor certification
requirements.
This is the part that connects the case to the waiver itself.
Why the three prongs have to work together
A good NIW case does not treat the prongs like separate boxes. The work
matters, the person is positioned to advance it, and the waiver actually
makes sense under the full picture.
When one part is weak, the whole case can wobble.
Conclusion
The Dhanasar framework is not a detail. It is the backbone of how USCIS
reviews NIW. When the three prongs work together, the case becomes much
more coherent and much more persuasive.