The Matter of Dhanasar and The Three Prongs of NIW Evaluation
Understanding the criteria for a successful EB2-NIW petition can be complicated and overwhelming. However, knowing the Matter of Dhanasar can help you prepare and grasp the fundamental framework on which EB2-NIW applications are evaluated. Therefore, in this blog, we will explain the three prongs of the Dhanasar and how they are to be addressed when drafting a petition. Dhanasar vs NYSDOTBefore the Dhanasar framework, up until 2016, the NYSDOT standard governed National Interest Waiver petitions which were known for their narrow and rigid standards. Beneficiaries had to prove their work had substantial intrinsic merit, national scope, and that bypassing labor certification was in the national interest. This framework focused on existing work and traditional occupations instead of focusing on the proposed endeavor, uniqueness, and prospective potential of the beneficiary. The high burden of proof and strict criteria often excluded many qualified individuals, particularly in emerging fields or less traditional roles, from securing an NIW. The Dhanasar Decision, with its broader and more flexible approach, has since made the EB-2 National Interest Waiver process more accessible and inclusive, making it easier for diverse professionals to qualify. The Matter of Dhanasar and its BackgroundMatter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) was actually the name of a specific case with a beneficiary named Dhanasar in 2016. This case and its outcome set a precedent as to how the qualifications of an EB-2 NIW beneficiary should be evaluated. Since then, the Dhanasar framework has set a standard for EB2-NIW cases with three main criteria. These criteria are: 1) Having a proposed endeavor with substantial merit and national importance 2) Being well-positioned to advance the proposed endeavor 3) The proposed endeavor being beneficial to the USA. First Prong: Substantial Merit and National ImportanceLet’s dive into the first criterion of the Dhanasar test with an example. Substantial merit refers to the inherent value and significance of the beneficiary’s proposed future endeavor. For instance, beneficiaries might want to contribute to an emerging and valuable field, such as a scientist working on renewable energy technology or a medical researcher developing a new treatment for a widespread disease. Both renewable energy and developing new treatments are inherently valuable fields, claiming to hold substantial merit. Next, national importance means that the beneficiary’s work will be of considerable value across the United States and worldwide. For example, a new treatment for cancer would be immensely useful throughout the USA and even globally.The Economic Impact Analysis (EIA) drafted by our in-house writers at Raju Law plays an essential role in demonstrating that the beneficiary’s proposed endeavor has substantial merit and national importance. Although not formally a part of an EB2-NIW petition, the EIA provides crucial quantitative evidence, such as statistical data, highlighting social, economic, or financial gaps the endeavor can address.For example, there are 1,958,310 new cancer cases and 609,820 cancer deaths in 2023 in the United States. In this case, an endeavor of inventing a new cancer treatment would greatly minimize cancer deaths. Hence, we can conclude that it fulfills the criterion of having national importance. Second Prong: