Dhanasar Prong 1 and Prong 3 Explained (EB-2 NIW 2026)

What Are Dhanasar Prong 1 and Prong 3?

Under Matter of Dhanasar, prong 1 asks whether your proposed endeavor has substantial merit and national importance, meaning it has broader implications beyond one employer. Prong 3 asks whether, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. USCIS applies both prongs, together with prong 2, to every EB-2 National Interest Waiver petition.

The Dhanasar Framework: Three Prongs in Brief

Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), is the decision that sets the test for a National Interest Waiver (NIW). Congress allowed the job offer requirement to be waived for EB-2 applicants "in the national interest" under INA § 203(b)(2)(B)(i), but it did not say what that means. The Administrative Appeals Office (AAO) filled the gap with three prongs. USCIS now applies them as described in the USCIS Policy Manual, Volume 6, Part F, Chapter 5.

Before USCIS looks at the prongs, you must first qualify for EB-2 as a professional with an advanced degree or as a person of exceptional ability. Then you must meet all three prongs, and each one needs its own argument.

• Prong 1: The proposed endeavor has substantial merit and national importance.
• Prong 2: You are well positioned to advance it. We cover this in our prong 2 guide.
• Prong 3: On balance, it would be beneficial to the United States to waive the job offer and, with it, the labor certification (PERM) requirement.

This article covers prongs 1 and 3. For the full process, see our EB-2 NIW guide and our EB-2 NIW practice page.

Prong 1: Substantial Merit and National Importance

Prong 1 asks about the work, not about you. It has two parts, and USCIS looks at both.

What "substantial merit" means

The USCIS Policy Manual, Volume 6, Part F, Chapter 5 says merit may be shown in areas such as business, entrepreneurship, science, technology, culture, health, or education. It also says merit may be established without immediate or quantifiable economic impact. A research project, a clinic, or a teaching program can have merit even if it does not earn money right away.

What "national importance" means

This part is harder. The Policy Manual tells officers to focus on the nature of the proposed endeavor. National importance can come from national or even global implications within a particular field. Benefits to one employer alone, even an employer with a national footprint, are not enough. The question is whether the endeavor stands to have broader implications, such as for a field, a region, or the public at large.

Dhanasar also explains that an endeavor with significant potential to employ U.S. workers, or with other substantial positive economic effects, may be understood to have national importance, particularly in an economically depressed area. Dhanasar says the AAO considers the endeavor's "potential prospective impact," and it does not judge that impact only in geographic terms.

"Broader implications" in plain words

Ask this question: if the endeavor succeeds, who benefits besides you and one employer? If the answer is a whole field, many patients, many students, a region's economy, or the public, you are describing broader implications. If the answer is only your own clients or one company, USCIS is likely to find that the endeavor lacks national importance. The Policy Manual gives a drug developer as an example, because of the prospective public health benefits of the drug. It says classroom teaching without broader implications generally does not rise to the level of national importance.

Prong 1 Examples by Field

These are illustrations of how a petitioner might frame an endeavor. They are not promises that any field or job title will qualify. Each petition is judged on its own record.

• Medical research: A study of a treatment for a disease that affects many patients nationwide. The broader implication is public health, not one lab.
• Clinical practice: A physician who plans to treat patients in a medically underserved area, with evidence of the shortage and of the wider health effects. A general plan to "see patients" is weaker than a specific plan tied to a defined community need.
• Engineering and technology: Work on a specific method, such as a battery design or a cybersecurity tool, that others in the industry could adopt. The Policy Manual also points officers to resources on critical and emerging technologies.
• Entrepreneurship: A company that plans to create U.S. jobs or bring a new product to a market, with a business plan, projections, and evidence of demand. Dhanasar recognizes job creation and economic effects, especially in struggling areas.
• Education: A program, curriculum, or method designed to be used by many schools, rather than teaching one classroom.

Prong 1 Evidence That Can Help

There is no required list. USCIS weighs the whole record. The following kinds of evidence often help show merit and national importance:

• A clear description of the endeavor: what you will do, where, for whom, and with what expected result.
• Reports, studies, or government publications that describe the size of the problem your work addresses.
• Letters from independent experts who explain, from their own knowledge, why the work matters beyond one employer. Letters carry more weight when they are specific and explain how the writer knows the facts.
• Letters or documents from government agencies, hospitals, universities, or industry bodies that show interest in the work.
• Data on the expected economic effect, such as jobs, revenue, or public health outcomes, with the source of each figure.
• Grants, funding, or investment that show others see value in the endeavor.

Evidence often helps more than one prong, but explain how each item supports each prong.

Common Prong 1 Mistakes

• Describing a job instead of an endeavor. "I am a software engineer" names a job. "I will build open-source tools that help hospitals detect billing errors" names an endeavor. The Policy Manual draws this line, and so does our prong 2 guide.
• Only describing the field's importance. Showing that cancer research or clean energy matters is not enough. You must connect your specific work to that importance.
• Stopping at benefit to the employer. If the only beneficiary is your company or your clients, the petition does not show broader implications.
• Using vague or exaggerated language. Words like "revolutionary" with no facts behind them do not help. Give numbers, sources, and plain explanations.
• Relying on generic or copied letters. Letters that repeat the same phrases, or that come from people with no knowledge of the work, are given little weight.

Prong 3: On Balance, Beneficial to Waive the Job Offer

Prong 3 asks a different question. The normal EB-2 path requires a job offer and a PERM labor certification from the Department of Labor, which checks whether qualified U.S. workers are available. Prong 3 asks whether, on balance, it would be beneficial to the United States to waive that process for you.

The USCIS Policy Manual, Volume 6, Part F, Chapter 5 states the prong as whether it would be "beneficial to the United States to waive the job offer and thus the permanent labor certification requirements." Dhanasar describes this as a balancing test. USCIS weighs the national interest in your work against the interest in protecting U.S. workers through labor certification. A petition that is strong on prongs 1 and 2 often has a good start on prong 3, but it should still make a separate argument.

A national labor shortage in your occupation does not settle the matter. The Policy Manual says evidence of a national labor shortage in the person's occupation would not, by itself, satisfy the third prong.

The Prong 3 Factors USCIS Lists

The Policy Manual, following Dhanasar, lists factors a petitioner may address. It also mentions self-employment and, for entrepreneurs, economic impact and job creation. These are not a closed checklist, and no single factor is required.

• Impracticality of labor certification. Whether it would be impractical to obtain a labor certification. This may be the case when your work does not fit a single employer's job offer, such as work for yourself or for several clients.
• Benefit even if qualified U.S. workers are available. Whether the United States would still benefit from your contributions even if other U.S. workers were also available. This is the heart of the waiver. The question is not "are there other workers?" but "does your specific endeavor offer a benefit that labor certification would not capture?"
• Urgency. Whether the national interest in your contributions is sufficiently urgent to warrant forgoing the labor certification process. The Policy Manual gives the example of a time-sensitive public health or safety benefit.
• Self-employment. The Policy Manual also mentions cases where the person is self-employed in a manner that generally does not adversely affect U.S. workers.
• Unique knowledge or skills. Whether labor certification could prevent hiring someone with unique knowledge or skills that exceed the minimum requirements standard for the occupation.
• Economic impact and jobs (entrepreneurs). For entrepreneurs, the Policy Manual adds whether the endeavor could generate considerable economic impact, for example through economic revitalization, and whether it may lead to potential job creation.

Prong 3 Evidence and Common Mistakes

Prong 3 evidence is often the same documents used for the other prongs, but explained for this question. Examples include:

• A written explanation of why a single employer's job offer and PERM would not fit your work, such as working for several clients or running your own company.
• Business plans, hiring plans, or projections that show how your endeavor may create jobs for U.S. workers.
• Evidence of an urgent need, such as public health data, a documented shortage of the service in an area, or time-sensitive contracts.
• Evidence of your specific skills or knowledge that go beyond the minimum for the occupation.

Common prong 3 mistakes

• Writing one or two sentences and saying prong 3 is met because prongs 1 and 2 are met.
• Arguing only that your occupation is in short supply. As noted above, that alone is not enough.
• Ignoring the labor certification point. The petition should say why PERM is not the right path for this endeavor.
• Not addressing the interest of U.S. workers. If your endeavor creates jobs or helps U.S. workers, say so and show it.

The January 2025 Policy Manual Update

On January 15, 2025, USCIS issued Policy Alert PA-2025-03, titled "Second Preference Eligibility for National Interest Waiver Petitions." USCIS describes it as explaining how it evaluates eligibility for second preference classification for NIW petitions where the Department of Labor does not certify the job offer requirements. It affects Volume 6, Part F, Chapter 5. It did not change the three prongs. The chapter's later 2025 updates were a terminology change (February 26) and two alerts about athletes (August 4 and December 18). They did not change the Dhanasar test.

Read the current chapter and its update history before you file, because USCIS can revise its guidance at any time. We do not describe approval or denial trends here, because we have no official figures to cite for this article.

Fees and Premium Processing for an NIW Petition

An NIW is filed on Form I-140. The fees below are from the USCIS fee schedule (Form G-1055, edition 10/26/26) for filings on or after October 16, 2026.

With premium processing, USCIS aims to act within 45 business days for NIW petitions. For most other I-140 categories the goal is 15 business days. Premium processing speeds up the first USCIS action, such as an approval, a denial, or a request for evidence. It does not guarantee approval, and it does not make a green card available sooner. After approval, the applicant may still wait for a priority date to become current. Fees change, so confirm the amount on the USCIS site on the day you file.

Frequently Asked Questions

Sources

• Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), as applied in USCIS Policy Manual, Volume 6, Part F, Chapter 5 (with update history)
• USCIS Policy Alert PA-2025-03 (January 15, 2025)
• Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), decision text
• 8 U.S.C. § 1153(b)(2)
• USCIS fee schedule, Form G-1055 (edition 10/26/26)
• USCIS: How Do I Request Premium Processing?

Last reviewed: November 2026.