The Dhanasar framework is the analytical framework USCIS uses to evaluate whether an applicant qualifies for a National Interest Waiver (NIW) under the EB-2 immigrant visa category. The framework comes from Matter of Dhanasar, a 2016 Administrative Appeals Office (AAO) decision. It replaced the older framework established in Matter of New York State Department of Transportation.

For an EB-2 NIW petition, meeting the underlying EB-2 requirements is only the first step. The applicant must also establish that the proposed endeavor satisfies all three Dhanasar prongs. These requirements focus on the proposed work, the applicant’s ability to advance it, and the benefit of waiving the usual job offer and labor certification requirements.

In 2026, the Dhanasar framework remains central to EB-2 NIW adjudications. Recent USCIS decisions continue to apply the same three-prong analysis under the Dhanasar framework.

What Is the Dhanasar Framework?

The Dhanasar framework was established in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). The case involved an aerospace engineering researcher and educator seeking an EB-2 classification and a national interest waiver. The AAO created a new analytical framework for evaluating NIW requests.

Under this framework, USCIS may grant an NIW when the petitioner demonstrates that:

1. The proposed endeavor has substantial merit and national importance.
2. The applicant is well positioned to advance the proposed endeavor.
3. On balance, it would benefit the United States to waive the job offer and labor certification requirements.

Together, these requirements constitute the three-prong Dhanasar framework for evaluating a request for a National interest Waiver after the petitioner establishes underlying EB-2 eligibility.

The Dhanasar framework is important because an applicant does not qualify simply because they have an advanced degree, exceptional professional experience, or work in an important industry. The petition must connect the applicant’s background and future plans to a specific proposed endeavor and then establish each Dhanasar prong with supporting evidence.

How Does the Dhanasar Framework Work?

The Dhanasar framework analysis follows a logical sequence.

First, USCIS examines the proposed endeavor and asks whether it has substantial merit and national importance. Second, the agency evaluates whether the applicant is well positioned to advance that endeavor. Third, USCIS considers whether the United States would benefit from waiving the normal job offer and labor certification requirements.

This means an NIW petition should not simply present a collection of impressive credentials. The evidence should build a consistent narrative from the applicant’s qualifications to the proposed endeavor and its expected impact under the Dhanasar prongs.

Before evaluating these three prongs, USCIS requires the applicant to first meet all standard eligibility requirements for the underlying EB-2 visa classification. USCIS decisions have emphasized that an applicant cannot qualify for an NIW without first establishing the required EB-2 eligibility.

Prong 1: The Proposed Endeavor Has Substantial Merit and National Importance

The first Dhanasar prong contains two related but distinct requirements: substantial merit and national importance.

What Is Substantial Merit?

USCIS can recognize substantial merit in a wide range of areas. These may include business, entrepreneurship, science, technology, culture, health, education, and other fields.

Accordingly, substantial merit does not require the proposed endeavor to transform an entire industry. The focus is on the specific value and potential impact of the proposed endeavor.

The key question is whether the specific proposed work has meaningful value.

For example, an endeavor involving healthcare technology may have substantial merit because it addresses a recognized healthcare need. A scientific research project may have substantial merit because it contributes to scientific knowledge. An entrepreneurial endeavor may have substantial merit because it addresses a meaningful market or economic need.

What Is National Importance?

National importance requires a more specific analysis.

USCIS focuses on the potential prospective impact of the proposed endeavor. The relevant question is not simply whether the applicant’s occupation or industry is important. The petition must explain why the specific endeavor may have broader implications, as set forth in established USCIS policy manual guidance and administrative precedent. 

This distinction is critical.

For example, stating that an applicant is a software engineer does not establish national importance. Similarly, saying that healthcare, artificial intelligence, renewable energy, or cybersecurity is important does not automatically establish that the applicant’s proposed endeavor is nationally important.

The petition should instead explain what the applicant intends to accomplish and how those activities could create broader benefits under the Dhanasar prongs.

USCIS has also recognized that an endeavor may have national importance because of its potential national or global implications within a particular field. Significant potential to create jobs or produce other substantial positive economic effects may support a finding of national importance when supported by evidence demonstrating the endeavor’s broader prospective impact. 

Why the Proposed Endeavor Matters

One of the most important lessons from USCIS decisions is that applicants must clearly define their proposed endeavor.

A broad statement such as “I will work as an engineer in the United States” may not be enough. The applicant’s occupation describes what the applicant does; the proposed endeavor explains what the applicant specifically intends to accomplish and why that work matters to the United States. USCIS has rejected cases where applicants described their profession but did not sufficiently explain the specific work they intended to undertake.

A stronger description identifies the work, its intended objectives, the population or organizations it may serve, and the expected impact, especially in relation to the Dhanasar prongs.

Prong 2: The Applicant Is Well Positioned to Advance the Proposed Endeavor

The second Dhanasar prong focuses on the applicant.

Once the proposed endeavor has been established, USCIS considers whether the applicant is well-positioned to advance it.

This does not mean the applicant must prove that success is guaranteed. Instead, the evidence should demonstrate that the applicant has the background, skills, experience, resources, or track record needed to make meaningful progress toward the proposed endeavor. 

Depending on the nature of the proposed endeavor, relevant evidence may include:

• Academic degrees and specialized training
• Professional experience
• Previous achievements
• Publications and citations
• Patents or intellectual property
• Research accomplishments
• Awards and recognition
• Business or entrepreneurial experience
• Funding or investment
• Contracts, partnerships, or letters of intent
• Evidence of progress toward implementing the proposed endeavor
• Expert letters explaining the applicant’s qualifications and potential contributions

The strongest evidence depends on the applicant and the proposed endeavor.

For a researcher, publications, citations, research projects, grants, and scientific contributions may be relevant. For an entrepreneur, a business plan, investment, market research, contracts, and business achievements may carry greater weight. The relevance and probative value of each type of evidence will depend on the applicant’s specific proposed endeavor and circumstances. 

The central question is: Why is this particular applicant capable of advancing this particular endeavor under the Dhanasar prongs?

That connection should be clear throughout the petition.

Prong 3: On Balance, It Would Benefit the United States to Waive the Job Offer and Labor Certification Requirements

The third Dhanasar prong addresses the waiver itself.

For many EB-2 cases, the employment-based process involves a job offer and labor certification; the NIW permits those requirements to be waived when the Dhanasar standard is satisfied. The NIW allows those requirements to be waived when the applicant establishes that the waiver would benefit the United States.

This does not mean an applicant can simply argue that the labor certification process is inconvenient or unnecessary.

The petition should explain why the United States would benefit from allowing the applicant to pursue the proposed endeavor without being tied to the normal job-offer and labor-certification requirements.

The analysis may consider factors such as the nature of the proposed endeavor, the applicant’s qualifications, the flexibility needed to advance the work, and the potential benefits of the applicant’s contributions.

The third Dhanasar prong, therefore, brings the first two prongs together. The petition should show why the endeavor matters, why the applicant is capable of advancing it, and why granting the waiver makes sense in the U.S. national interest.

What Evidence Can Support the Dhanasar Framework?

There is no universal evidence package for an EB-2 NIW. Evidence should instead be tailored to the applicant’s specific proposed endeavor and demonstrate how the record satisfies each applicable Dhanasar prong. 

Instead, evidence should correspond to the applicant’s specific proposed endeavor and the applicable Dhanasar prongs.

For Prong 1, evidence may include government reports, industry research, economic data, scientific studies, market research, business plans, and other credible sources demonstrating the significance and potential impact of the proposed endeavor.

For Prong 2, evidence may include academic credentials, professional experience, publications, citations, patents, awards, research accomplishments, funding, contracts, business achievements, and expert letters.

For Prong 3, the evidence should help explain why waiving the job offer and labor certification requirements would benefit the United States. The argument should be tied to the applicant’s specific circumstances rather than relying on general statements about the value of immigration.

The quality and relevance of evidence are important. USCIS decisions have repeatedly examined whether the submitted evidence actually supports the claims being made about the proposed endeavor. These decisions assess the potential impact under the Dhanasar prongs.

Common Mistakes Under the Dhanasar Framework

A strong EB-2 NIW petition can still face problems when the evidence does not clearly address the Dhanasar prongs.

One common mistake is focusing on the occupation instead of the proposed endeavor. Working in an important field does not automatically make an individual’s proposed endeavor nationally important.

Another mistake is making broad claims without supporting evidence. Statements about creating jobs, improving the U.S. economy, or benefiting an entire industry should be supported with credible evidence.

Applicants may also rely too heavily on their credentials. An impressive resume can help establish that an applicant is well positioned. However, credentials alone do not establish all three Dhanasar prongs.

Another issue is failing to explain the applicant’s future plans. USCIS has emphasized the importance of identifying the specific proposed endeavor.

Finally, applicants sometimes treat the three prongs as isolated requirements. A stronger petition connects them. The proposed endeavor should relate to the applicant’s expertise, the applicant’s record should support the feasibility of the endeavor, and the waiver argument should explain why allowing that work to proceed without the normal job-offer requirement benefits the United States.

Is the Dhanasar Framework Still Used in 2026?

Yes. The Dhanasar framework remains the central analytical framework for EB-2 NIW cases in 2026. 

Recent USCIS administrative decisions continue to cite and apply the three Dhanasar prongs. For example, USCIS decisions issued in 2025 continue to describe the same requirements of substantial merit and national importance, being well positioned to advance the endeavor, and demonstrating that waiving the job offer requirement would benefit the United States.

However, the fact that the framework remains unchanged does not mean every petition will receive the same result.

USCIS evaluates the evidence in the individual record. Recent decisions show that clearly defining the proposed endeavor remains particularly important. The agency also continues to distinguish between the importance of an industry and the potential impact of the applicant’s specific proposed endeavor.

Therefore, an effective 2026 NIW strategy should focus not only on collecting evidence but also on presenting a clear and credible connection between the evidence and each Dhanasar prong.

How to Build a Strong EB-2 NIW Petition Under the Dhanasar Framework

A strong petition should begin with the applicant’s EB-2 eligibility. The next step is to clearly define the proposed endeavor. This description becomes the foundation for the rest of the petition.

The evidence should then address the three Dhanasar prongs in sequence.

For the first prong, the petition should establish the endeavor’s substantial merit and national importance. For the second, it should demonstrate why the applicant is well-positioned to advance the work. For the third, it should explain why the United States would benefit from waiving the job offer and labor certification requirements.

The petition should also maintain consistency across the personal statement, proposed endeavor description, business plan, where applicable, recommendation letters, supporting documents, and legal brief.

The goal is not to submit the largest possible volume of evidence. The goal is to submit relevant evidence that directly supports the legal arguments under the Dhanasar framework.

Takeaway

The Dhanasar framework provides the foundation for evaluating EB-2 National Interest Waiver petitions in 2026.

Its three prongs ask three fundamental questions: Does the proposed endeavor have substantial merit and national importance? Is the applicant well positioned to advance it? And would the United States benefit from waiving the normal job offer and labor certification requirements?

A successful petition should answer each question with a clear legal argument and relevant evidence.

Most importantly, the petition should tell one consistent story. The applicant’s past accomplishments should support their ability to pursue the proposed endeavor. The proposed endeavor should have a credible connection to broader U.S. interests. The waiver argument should then explain why allowing the applicant to pursue that endeavor without the traditional job-offer and labor-certification requirements would benefit the United States.

Understanding this connection is essential for building an EB-2 NIW petition that is organized around the Dhanasar framework, rather than simply presenting a list of professional achievements.