Understanding the National Interest Waiver Under the Dhanasar Framework
For years, USCIS relied on the Matter of New York State Department of Transportation (NYSDOT) to evaluate NIW petitions.
The National Interest Waiver (NIW) is one of the most strategic immigration pathways available to highly skilled professionals seeking permanent residence in the United States. It falls under the EB-2 category, yet it removes two major requirements: a permanent job offer and labor certification. This provides flexibility for individuals whose work carries broader value to the country beyond a single employer.
A Shift in the Law: From NYSDOT to Dhanasar
For years, USCIS relied on the Matter of New York State Department of Transportation (NYSDOT) to evaluate NIW petitions. However, the framework was often considered restrictive and outdated as the nature of work evolved in science, technology, business, and research.
In 2016, USCIS designated Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), as a new binding precedent. This decision rescinded NYSDOT and introduced a clearer, more flexible three-prong test that modernized how NIW cases are evaluated.
The Dhanasar framework focuses on merit, impact, and the practical ability of the applicant to advance their work.
Merit Evaluation is like a diagnostic scan of your immigration profile.
It breaks down your accomplishments, skills, and career impact into measurable components so you can see exactly where you stand against USCIS criteria.
Clarity
You understand which achievements matter and which do not.
Readiness
You see how close you are to meeting the requirements for EB-1A, EB-2 NIW, or O-1A.
Actionable gaps
Instead of guessing, you know which areas need strengthening before speaking with an attorney.
Confidence
You walk into legal consultations informed, prepared, and less anxious.
The Three-Prong Dhanasar Test
Under Dhanasar, USCIS may grant a national interest waiver if the petitioner proves the following three elements by a preponderance of the evidence:
1. The Proposed Endeavor Has Substantial Merit and National Importance
This prong examines both the value of the work and its potential impact.
The endeavor may relate to science, technology, health care, business, culture, or other fields. “Substantial merit” refers to the significance of the work, while “national importance” considers the broader implications across the United States rather than just a local benefit.
Examples include developing innovative technologies, strengthening national infrastructure, improving public health, or addressing key economic challenges.
2. The Applicant Is Well Positioned to Advance the Endeavor
Here, USCIS evaluates the individual’s ability to make meaningful progress. Evidence may include:
Advanced degrees and domain expertise
Strong publication or patent history
Proven track record of results
Funding, collaborations, or endorsements
A clear and credible plan for future work
The question is not whether success is guaranteed but whether the applicant has the skills, experience, and trajectory to advance the proposed work.
3. Waiving the Job Offer and Labor Certification Is Beneficial to the United States
In this final prong, USCIS weighs the advantages of granting a waiver.
If the individual’s contributions offer significant national value, and the labor certification process would slow or restrict that work, then waiving these requirements is considered beneficial.
This is a balancing test: the potential gain to the country must outweigh the protections normally provided by labor certification.
A Discretionary Decision
Meeting all three prongs does not automatically grant an NIW. USCIS retains discretion to approve or deny the case based on the overall evidence and circumstances.
Still, Dhanasar is widely seen as offering a fairer and more modern interpretation of national interest. It accommodates professionals whose work may evolve, cross disciplines, or benefit the nation in innovative ways.
Why This Matters for Global Talent
The NIW is especially valuable for professionals in fast-moving fields such as artificial intelligence, data science, cybersecurity, public health, renewable energy, and advanced engineering. It provides freedom to pursue important work without being tied to a specific employer.
Understanding the Dhanasar framework helps individuals present a coherent narrative, highlight their impact, and align their evidence with the legal standard.