Glossary
What is Matter of Dhanasar?
Matter of Dhanasar is the decision that sets the test for every EB-2 national interest waiver (NIW). It has three prongs, and you must meet all three.
Last checked October 2026 · Sources
- Decided by
- USCIS Administrative Appeals Office
- Date
- December 27, 2016
- Citation
- 26 I&N Dec. 884
- Vacated
- Matter of NYSDOT (1998)
Quick answer
What is Matter of Dhanasar?
Matter of Dhanasar is a 2016 precedent decision of the USCIS Administrative Appeals Office. It sets the three-prong test for the EB-2 national interest waiver. One: your proposed endeavor has substantial merit and national importance. Two: you are well positioned to advance it. Three: on balance, waiving the job offer and labor certification benefits the US.
- You must meet all three prongs, by a preponderance of the evidence.
- It vacated the 1998 test in Matter of New York State Dep’t of Transp. (NYSDOT).
- You must first qualify for EB-2: an advanced degree or exceptional ability.
- Even if you meet the prongs, the waiver is discretionary.
In plain words
The three prongs
| Prong | What it asks | Example evidence |
|---|---|---|
| 1. Substantial merit and national importance | Is your specific endeavor valuable, and could it have broad impact? Impact is not judged only by geography. | Expert letters on why the work matters; evidence of interest from government, industry or the field |
| 2. Well positioned | Are you, personally, in a good position to move the endeavor forward? | Your education, skills and record of success; a plan for future work; progress so far; interest from customers, users or investors |
| 3. On balance, beneficial | Would the US gain from skipping the job offer and labor certification? | Showing a job offer or labor certification is impractical; that the US benefits even if qualified US workers exist; urgency |
Source: Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Examples come from the factors the decision lists. They are illustrations, not a checklist.
Why it matters for you
What Dhanasar means for your NIW
-
No employer needed
With an NIW you do not need a job offer, so you can file for yourself. (USCIS Policy Manual, Vol. 6, Part F, Ch. 5)
-
Define your endeavor clearly
USCIS says the endeavor is more specific than your occupation. Describe the projects and goals you will work on.
-
You need not prove you will succeed
The decision says petitioners do not have to show the endeavor is more likely than not to succeed. You must still show you are well positioned to advance it.
-
Founders and researchers fit
The old test was hard for entrepreneurs and the self-employed. The new test was written to fit more people. A partner-firm attorney confirms if it fits you.
Where it comes from
The legal source
Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), Interim Decision #3882. USCIS applies it in the USCIS Policy Manual, Vol. 6, Part F, Ch. 5. In the case itself, an aerospace engineering researcher won: the appeal was sustained and the petition approved.
Go deeper
Related terms and guides
Matter of Dhanasar, explained
The decision, what it replaced, and why the petitioner won.
Read more BlogThe NIW three prongs
What each prong asks for in practice.
Read more BlogDefining your proposed endeavor
The drafting problem prong one creates.
Read more GlossaryPriority date
Your place in the green card line after you file.
Read moreFAQ
Questions people ask
The decision’s headnote says: “USCIS may grant a national interest waiver if the petitioner demonstrates: (1) that the foreign national’s proposed endeavor has both substantial merit and national importance; (2) that he or she is well positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.”
It vacated Matter of New York State Dep’t of Transp., 22 I&N Dec. 215 (1998), the NIW test used before. The new third prong does not require showing harm to the national interest or comparing you with US workers.
No. The decision says economic impact may help but is not required. Research and the furthering of human knowledge can qualify.
It can. The decision says impact is not judged only by geography, and work focused on one area of the US may still have national importance.
Yes. It is a designated precedent decision, and precedent decisions are binding on all USCIS employees unless later modified or overruled. (8 CFR 103.3(c)) USCIS applies its three prongs in the Policy Manual.
See if your record fits the three prongs
The free evaluation checks your record for EB-2 NIW, EB-1A and O-1. A partner-firm attorney confirms eligibility before anything is filed. This is general information, not legal advice.
Sources · checked October 2026
- Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), Interim Decision #3882
- USCIS Policy Manual, Volume 6, Part F, Chapter 5: Advanced Degree or Exceptional Ability
- 8 CFR 103.3(c), Legal Information Institute, Cornell Law School
This page is general information, not legal advice. Rules and fees change; a partner-firm attorney confirms what applies to you before anything is filed.
