In Matter of Dhanasar (AAO 2016), USCIS set forth a three-prong framework for evaluating EB-2 National Interest Waiver (NIW) petitions.
The first prong requires that:
“The proposed endeavor has substantial merit and national importance.”
Although these two terms often appear together, one must take care to not conflate the two and understand that they represent distinct aspects of the same test.
- Substantial Merit evaluates the value and significance of the work within its field.
- National Importance examines the broader implications of that work for the United States.
Gaining the understanding of how these two terms are different and proven is essential for building a clear, persuasive EB-2 NIW petition.
2.1 What Is Substantial Merit?
Under the Matter of Dhanasar, substantial merit means that the endeavor itself has inherent value and societal benefit, regardless of whether it is profitable or large-scale. As the AAO explained,
“The endeavor’s merit may be demonstrated in a range of areas such as business, entrepreneurialism, science, technology, culture, health, or education.”
In simple terms, substantial merit focuses on the work, not the worker. USCIS looks for evidence that the proposed endeavor addresses a meaningful problem, creates real value, or advances understanding within a field that benefits society.
Key Characteristics
- Merit is not limited to economics. The endeavor may provide cultural, technological, environmental, educational, or health-related benefits.
- It’s about the endeavor itself. Having strong credentials doesn’t automatically prove merit; the project must demonstrate tangible societal value.
- It must have practical application. The work cannot remain purely theoretical, it should be directed toward solving real-world challenges.
Examples of Substantial Merit
- Developing low-cost medical devices that improve access to healthcare.
- Designing AI tools that reduce fraud detection times and strengthen financial systems.
- Creating sustainable energy technologies that address climate change.
- Leading educational initiatives that expand digital literacy or STEM access.
In essence, substantial merit answers the question:
“Is this work valuable and beneficial to society, even before we measure its national reach?”
2.2 How to Prove Substantial Merit
USCIS looks for specific, concrete evidence that your proposed work creates real value; not just potential or prestige. To prove substantial merit, keep your argument focused, measurable, and directly tied to societal benefit.
1. Emphasize the Endeavor, Not the Person
Substantial merit is about what the work achieves, not who performs it. Avoid focusing on degrees or awards. Instead, explain how the endeavor solves a problem or improves outcomes.
- Wrong: “Dr. X is a renowned AI expert.”
- Correct: “Dr. X’s algorithm cuts fraud detection time from six hours to fifteen minutes, saving U.S. banks billions annually.”
2. Be Specific and Quantifiable
Vague claims like “advancing the field” don’t persuade USCIS. Use the WHO + WHAT + HOW MUCH + WHEN framework:
- WHO benefits (e.g., patients, small businesses).
- WHAT problem is solved.
- HOW MUCH impact is measurable.
- WHEN results are expected.
3. Pass the “So What?” Test
Ask yourself: “So what? Why does this work matter?”
If the answer isn’t obvious, the argument isn’t strong enough. Connect the problem, solution, and impact:
- Weak: “Dr. Lee’s research advances quantum computing.”
- Strong: “Dr. Lee’s quantum algorithms reduce encryption times by 80%, bolstering U.S. cybersecurity.”
4. Support with Solid Evidence
Prioritize data and outcomes over promises:
- Published results, patents, or prototypes.
- Expert letters detailing societal value.
- Demonstrated or projected measurable impact.
3.1 What Is “National Importance”?
Under the Matter of Dhanasar, national importance focuses on the potential impact of the proposed endeavor on the United States as a whole. It asks:
“Why should the United States as a nation care about this work?”
This prong looks beyond geography or employer-specific outcomes. Even a project based in one city can qualify if its results have broader implications for an entire field, industry, or population.
Key Characteristics
- Forward-Looking: National importance considers future, scalable impact, not just current outcomes.
- Broader Implications: The endeavor should influence policy, research, or industry standards, or address pressing national challenges like clean energy, cybersecurity, or healthcare access.
- Ripple Effect: Its success should create a chain of benefits, replication, adoption, or systemic improvement across sectors.
- Policy Alignment: Connecting the work to federal or state priorities (e.g., CHIPS Act, IIJA, DOE, NIH, SBA programs) strengthens the argument.
- Beneficiaries: Identify who benefits: U.S. workers, underserved communities, industries, or the broader public, and quantify this reach wherever possible.
In Simple Terms
If substantial merit proves the work is worth doing, national importance proves that its success matters to the country.
3.2 How to Prove National Importance
To establish national importance, your petition must show why the endeavor’s success would have ripple effects beyond one employer or region. The focus is on scope, policy relevance, and national benefit, not on local gains or personal achievements.
1. Start with the Field’s National Relevance
Open by explaining why the field itself matters to the U.S. economy, health, or security.
Cite federal reports, agency strategies, or White House initiatives confirming its national priority.
Example: “Active Pharmaceutical Ingredients are a critical component of U.S. healthcare infrastructure. The FDA and White House have identified domestic production as a national priority.”
2. Describe the Endeavor Clearly
State what the petitioner is actually doing and how it addresses an existing gap or need.
Example: “The petitioner develops advanced synthesis methods for APIs to reduce reliance on foreign suppliers…”
3. Demonstrate Broader Implications
Show how the work can be scaled or replicated across the nation by other organizations, agencies, or industries.
Example: “These methods can be adopted by U.S. manufacturers nationwide, strengthening drug supply chain resilience…”
4. Link to National Policies or Economic Goals
Tie the endeavor to U.S. federal initiatives or national objectives such as the DOE’s clean-energy transition, SBA’s small-business support, or NSF’s AI investments.
Example: “This project supports the National Strategy for Advanced Manufacturing by promoting domestic innovation and workforce growth.”
5. Identify and Quantify Beneficiaries
Be explicit about who benefits and how many are impacted. For instance, “millions of rural Americans gaining healthcare access,” or “thousands of U.S. manufacturing jobs created.”
6. End with the “Why the Nation Should Care” Statement
Conclude with a short, outcome-focused summary tying all points together:
“By enabling secure domestic API production, this endeavor reduces national security risks, enhances public health, and supports long-term U.S. competitiveness.”
Quick Evidence Checklist
- Government Reports: White House, DOE, NIH, or SBA publications confirming national priorities.
- Industry Data: Market analyses or job-creation statistics showing nationwide implications.
- Expert Letters: Statements linking the work to U.S. policy or industry-wide benefit.
- Media/Academic Coverage: Proof that the issue or innovation is nationally recognized.
4.1 Conclusion: Distinguishing the Two Prongs
In the first prong of Matter of Dhanasar, substantial merit and national importance work together but they answer different questions. Understanding this distinction is essential for anyone drafting or evaluating an EB-2 NIW petition.
Aspect | Substantial Merit | National Importance |
Core Question | Is the work valuable within its field? | Does the work matter to the nation as a whole? |
Focus | The inherent merit and usefulness of the endeavor. | The scope, ripple effect, and alignment with national priorities. |
Scale | Can be local or field-specific. | Must show potential for nationwide relevance or replication. |
Evidence Type | Data proving contribution, feasibility, or innovation. | Proof of scalability, policy alignment, or systemic impact. |
Common Mistake | Overstating credentials instead of showing value. | Equating “national coverage” with true national relevance. |
A strong NIW petition treats these as two connected but distinct arguments:
- Substantial merit establishes that the work is worth doing.
- National importance explains why its success would benefit the United States.
When both are articulated with specific, data-driven, and forward-looking evidence, the first prong stands on solid ground, showing not only that the endeavor is meaningful, but that it truly serves the nation’s broader interests.
Together, these answers form the foundation of a persuasive EB-2 NIW case, one that connects personal expertise to national progress and public good.
