Business Immigration
Dhanasar Prong 2 Evidence: Proving You Are Well Positioned
What Does Dhanasar Prong 2 Require?
Prong 2 of the Matter of Dhanasar test asks whether you, personally, are well positioned to advance your proposed endeavor. USCIS looks at your education, skills, knowledge, and record of success, your plan for the work, the progress you have already made, and the interest of customers, users, investors, or others. The strongest evidence is specific, independent, and tied directly to the endeavor you describe in your petition.
Quick Reference
- Legal standard: Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)
- Focus of prong 2: The person, not the endeavor
- Burden of proof: Preponderance of the evidence (more likely than not that you are well positioned)
- What you do not have to prove: That your endeavor is more likely than not to succeed
- Official guidance: USCIS Policy Manual, Vol. 6, Part F, Ch. 5
Many EB-2 National Interest Waiver (NIW) petitions are strong on prong 1 and weak on prong 2. A petitioner may explain well why the field matters, but then fail to show why they are the right person to do the work. This guide focuses on that gap. For the full NIW process, see our EB-2 NIW guide.
The Dhanasar Test in Brief, and How Prong 2 Differs
In 2016, the USCIS Administrative Appeals Office (AAO) decided Matter of Dhanasar. The decision set the three-part test USCIS still uses for national interest waivers. Before USCIS reaches the three prongs, you must first qualify for EB-2, either as an advanced degree professional or as a person of exceptional ability. Then you must meet all three prongs.
Prong 1: The Endeavor
Your proposed endeavor has both substantial merit and national importance. This prong is about the work itself, not about you.
Prong 2: You
You are well positioned to advance the proposed endeavor. This prong is about your background, your plan, your progress, and the support you have drawn.
Prong 3: The Balance
On balance, it would benefit the United States to waive the job offer and labor certification requirements. This prong weighs the national interest against the normal PERM process.
A simple way to keep the prongs apart: prong 1 asks "why does this work matter to the country?" Prong 2 asks "why are you able to do it?" Prong 3 asks "why should the United States skip the usual job offer process for you?" Evidence often helps more than one prong. A letter from a government agency, for example, may speak to all three. But your petition should still make a separate, clear argument for each prong.
The Policy Manual also draws a line between your occupation and your endeavor. Your occupation is your general job, such as "engineer." Your endeavor is the specific work you plan to do, such as research on a certain type of propulsion system. Prong 2 evidence must connect to the endeavor, not just to the job title.
The Prong 2 Factors USCIS Weighs
In Dhanasar, the AAO listed the factors it considers for prong 2. The list is "not limited to" these items, but they form the core of every strong prong 2 argument.
- Education, skills, and knowledge. Your degrees, training, licenses, and technical skills that relate to the endeavor.
- Record of success in related or similar efforts. What you have already achieved in work like the work you propose.
- A model or plan for future activities. The Policy Manual calls this a detailed proposal or plan that you developed, or helped develop in a significant way.
- Progress toward the endeavor. Steps you have already taken, such as grants received, prototypes built, or patients treated.
- Interest of stakeholders. Interest or support from potential customers, users, investors, or other relevant entities or persons.
Two points from the decision matter a great deal. First, USCIS does not require you to prove your endeavor is more likely than not to succeed. The AAO recognized that forecasting success is hard, especially for research and new ventures. Second, you still must prove, by a preponderance of the evidence, that you are well positioned. The Policy Manual states that unsupported claims will not meet that burden. So the question is not "will this work?" but "has this person shown a real ability to move this work forward?"
The Policy Manual adds that an advanced degree in a STEM field, especially a Ph.D., tied to the endeavor is an "especially positive factor" for prong 2. A degree alone is not enough, though. USCIS still looks at the rest of your record.
Evidence Types USCIS Lists for Prong 2
The USCIS Policy Manual gives a list of evidence that may show you are well positioned. It is not a checklist. No single item is required, and no single item is enough on its own.
- ✓ Degrees, certificates, or licenses in the field
- ✓ Patents, trademarks, or copyrights you developed
- ✓ Published articles or media reports about your achievements or current work
- ✓ A strong citation history, or evidence that others discuss or adopt your work
- ✓ Evidence that your work has influenced your field
- ✓ A plan for continuing the proposed work in the United States
- ✓ Letters from prospective customers, users, investors, or other relevant entities
- ✓ Documents showing a workable financial support plan
- ✓ Investment from U.S. sources, such as venture capital firms, angel investors, or accelerators, in amounts that fit the endeavor
- ✓ Contracts, agreements, or licenses that show the endeavor's potential impact
- ✓ Letters from U.S. government agencies or quasi-governmental entities
- ✓ Awards, grants, or non-monetary support (such as free use of facilities) from government bodies focused on economic development, research, or job creation
- ✓ Proof of how others use your work, such as contracts with companies using your products or licenses for technology you invented
The Policy Manual also explains how USCIS weighs letters. Letters carry more weight when the writer is an expert in the field with firsthand knowledge of your work, gives specific examples, and is backed by independent evidence. A business plan can help, but USCIS expects other independent evidence to support it.
Not Sure Your Record Meets Prong 2?
Attorney M. Riaz Musani can review your evidence and help you see where your petition is strong and where it needs support. Call (860) 938-1850 or schedule a consultation.
Prong 2 Evidence Examples by Profile
The right evidence depends on your work. The examples below show how the USCIS factors often apply to four common NIW profiles. They are examples, not requirements. Every case is different.
Researcher or Scientist
- Ph.D. or other advanced degree tied to the research area
- Peer-reviewed articles and citation records, with proof of who is citing the work and why
- Grants you led or helped win, such as federal research funding
- Proof that other labs, companies, or agencies use your methods or findings
- Peer review or editorial work for journals in the field
- A research plan and a letter or offer from a U.S. institution showing where the work will continue
Physician
- Medical degree, residency and fellowship records, and board certification
- A U.S. state medical license, or proof of steps taken toward one
- An employment contract or offer for the specific clinical or research role
- Patient volume, outcomes work, or quality projects you led
- Clinical research, publications, or new treatment protocols adopted by others
- Letters from hospital leaders or public health officials with firsthand knowledge
Engineer
- Advanced degree in the specific engineering discipline
- Patents, with proof they were licensed or used in products
- Technical reports or design documents showing your personal role in major projects
- Proof of adoption, such as a system you designed now used by a company or agency
- Professional licenses or certifications that relate to the endeavor
- Letters from clients, government partners, or industry users describing results
Entrepreneur or Founder
- A detailed business plan backed by independent evidence
- Investment from U.S. venture capital firms, angel investors, or accelerators
- Signed contracts, letters of intent, pilot agreements, or purchase orders
- Government grants or support, such as innovation or small business research awards
- Proof of your ownership and your active, central role in the U.S. company
- A record of building and running past ventures, with proof of results
A note for founders: the Policy Manual says an ownership interest in a U.S. company, plus an active and central role in it, can help show you are well positioned. But ownership "rarely establishes eligibility on its own." Broad claims about job creation or economic benefit do not prove eligibility either. USCIS wants to see real traction, such as investors, customers, or contracts.
A note for physicians: separate rules in the statute and Policy Manual cover physicians who agree to work full time in a designated underserved area or at a Veterans Affairs facility. Those cases follow their own requirements. A physician who does not fit that path can still file a standard NIW under Dhanasar.
What Weak Prong 2 Evidence Looks Like
Requests for Evidence (RFEs) and denials on prong 2 often point to the same problems. Here are the patterns to avoid.
- Credentials with no link to the endeavor. A degree or job history that does not connect to the specific work you propose.
- Generic letters. Letters that praise you in general terms, repeat the same wording, or come from people with no firsthand knowledge of your work.
- A plan with no proof behind it. A business plan or research plan full of projections, with no contracts, funding, or partners to support it.
- Citation counts with no context. Raw numbers without showing who cited the work, how it was used, or how it compares in the field.
- Team work with no personal role. Projects or papers where your own contribution is not clear.
- Only future promises. No proof of progress already made, such as funding, pilots, prototypes, or early users.
The fix is usually the same: tie each piece of evidence to a specific factor, and back up each claim with a document from someone other than you. Quality matters more than volume. A short, well-organized exhibit list often works better than a large stack of loosely related papers.
USCIS Policy Manual Updates That Affect Prong 2
The NIW guidance is in Volume 6, Part F, Chapter 5 of the USCIS Policy Manual. Two updates matter most for prong 2.
- January 21, 2022: USCIS added detailed NIW guidance, including the list of evidence types above and the "especially positive factor" for STEM advanced degrees tied to the endeavor.
- January 15, 2025 (PA-2025-03): USCIS clarified that you must first qualify for EB-2 before it looks at the NIW. It also explained how it reviews whether experience is "in the specialty" and how exceptional ability must relate to the proposed endeavor. The update did not change the three prongs.
Later updates to the chapter in February, August, and December 2025 dealt with other topics, such as terminology, athletes, and sports. The USCIS website lists the chapter as current as of October 27, 2026, and the prong 2 factors and evidence list are still in place. Policy can change, so check the current chapter before you file.
What the 2025 update means in practice: your prong 2 evidence should match the endeavor you describe, and your EB-2 qualification should match it too. If your degree or experience is in one field and your endeavor is in another, expect USCIS to ask how they connect. For help building an NIW petition, see our EB-2 NIW practice page and our broader business immigration services.
Frequently Asked Questions
What is the Dhanasar three-prong test?
The Dhanasar test comes from Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). To get an EB-2 National Interest Waiver, you must show that (1) your proposed endeavor has substantial merit and national importance, (2) you are well positioned to advance the endeavor, and (3) on balance, it would benefit the United States to waive the job offer and labor certification requirements. You must also qualify for the EB-2 category first.
What evidence proves I am well positioned under prong 2?
USCIS looks at your education, skills, knowledge, and record of success, your plan for the work, your progress so far, and interest from customers, users, investors, or others. Common evidence includes degrees and licenses, publications and citations, patents, grants, investment, contracts, and detailed letters from experts with firsthand knowledge of your work.
Do I have to prove my endeavor will succeed?
No. Dhanasar and the USCIS Policy Manual both say you do not have to show your endeavor is more likely than not to succeed. You do have to show, by a preponderance of the evidence, that you are well positioned to advance it. Unsupported claims will not meet that burden.
Do I need a Ph.D. to meet prong 2?
No. A Ph.D. or other advanced STEM degree tied to the endeavor is an "especially positive factor" under the Policy Manual, but it is not required. USCIS looks at your full record. A degree alone, without proof of skills, progress, or support, is usually not enough.
Is a business plan enough for an entrepreneur?
Usually not. The Policy Manual says a business plan can help but should be supported by other independent evidence, such as U.S. investment, signed contracts, government grants, or letters from customers. Owning a company rarely proves eligibility on its own.
How much weight do recommendation letters get?
Letters carry more weight when the writer is an expert in the field, knows your work firsthand, gives specific examples, and is supported by independent evidence. General praise or form letters carry little weight.
Did the January 2025 USCIS update change prong 2?
The January 15, 2025 update (PA-2025-03) did not change the three prongs. It clarified that you must first qualify for EB-2, and it explained how USCIS reviews experience and exceptional ability in relation to the proposed endeavor. In practice, it makes the link between your background and your endeavor more important.
Planning an EB-2 NIW Petition?
Attorney M. Riaz Musani has more than 14 years of experience in immigration law and helps researchers, physicians, engineers, and founders prepare Dhanasar petitions. Call (860) 938-1850 or schedule a consultation.
Legal Disclaimer
This article provides general legal information about the EB-2 National Interest Waiver and the Matter of Dhanasar framework. It is not legal advice and does not create an attorney-client relationship. USCIS policy can change; always confirm current guidance in the USCIS Policy Manual and consult a licensed immigration attorney about your own case.