In Depth Look at the First Prong of Dhanasar: Substantial Merit and National Importance

In 2016, the United States Citizenship and Immigration Services (USCIS) Administrative Appeals Office (AAO) issued a landmark decision in Matter of Dhanasar. This decision overturned the prior precedent decision of NYSDOT and established new guidelines for determining whether an EB-2 visa petitioner is eligible for a National Interest Waiver. 

This post explores the first prong of the Dhanasar framework: demonstrating that the proposed endeavor has both substantial merit AND national importance. Understanding this critical component can significantly strengthen your NIW petition and increase your chances of approval. 

NIW Eligibility Criteria: The Three Prong Test 

The EB-2 NIW offers foreign professionals a unique opportunity to bypass the labor certification process by demonstrating the substantial benefits of their work to the United States. 

The Matter of Dhanasar framework, which USCIS uses to evaluate NIW petitions, consists of three prongs: 

1. The proposed endeavor has both substantial merit and national importance 
2. The foreign national is well positioned to advance the proposed endeavor 
3. It would be beneficial to the United States to waive the job offer and labor certification requirements 

Prong 1: Substantial Merit and National Importance 

The first prong, substantial merit and national importance, forms the foundation of your NIW petition and demands careful attention. This prong focuses on the specific endeavor that the foreign national proposes to undertake.  

Importantly, to satisfy the first prong, you must demonstrate that the benefits of your proposed endeavor go beyond your specific employer or business, and have broad implications for the field, a region, or the general American public. 

For example, if you’re developing a software solution for a major corporation, you must show how your work extends beyond improving that specific company’s operations to potentially transforming industry practices, creating new technological capabilities with wider applications, or addressing challenges faced by many organizations or citizens. 

Your petition must demonstrate that your work’s impact extends past your particular employer to affect positive change more broadly within the United States. 

The Importance of Defining Your Endeavor 

A critical yet often overlooked aspect of the first prong is precisely defining your endeavor. USCIS calls for “a detailed description explaining your proposed endeavor,” and makes clear that your endeavor is more specific than your general occupation. For example, stating “I intend to work as a mechanical engineer” is insufficient. Instead, you must detail the specific work you propose to undertake within that occupation. 

When preparing your petition, you should: 

• Provide a detailed description explaining your proposed endeavor with supporting documentary evidence establishing its national importance 
• Be specific about the actual work you will perform, not just your general field or job title 
• Explain your endeavor in a straightforward manner that clearly lays out its potential direct impacts 
• Clarify the farther-reaching benefits that your endeavor will bring to the industry and the country. You may consider speaking briefly to the mode of effectuating your proposed endeavor, whether through avenues like independent research or the method of developing your unique method or idea. However, it should not too closely reference or rely upon the method of employment for the endeavor, as such over-emphasis may risk USCIS assuming the endeavor is merely to work in a particular company or start a business 

Understanding “Substantial Merit” 

Substantial merit refers to the intrinsic value and significance of your proposed work. The good news? Merit can be demonstrated across a wide range of domains, including, but not limited to: 

• Business and entrepreneurship 
• Scientific research and technological innovation 
• Cultural contributions and arts 
• Healthcare and medical advancements 
• Educational initiatives 
• Environmental conservation 
• Social service projects 

Importantly, you don’t necessarily need to demonstrate immediate or quantifiable economic impact to establish substantial merit, though such evidence would certainly strengthen your case. USCIS recognizes that contributions to knowledge, human welfare, cultural understanding, and other non-economic benefits can have substantial merit as well. 

Understanding “National Importance” 

For the national importance component under Dhanasar, USCIS now evaluates the potential prospective impact of your endeavor rather than merely its geographic reach. 

As clarified in the decision, “an endeavor that has significant potential to employ U.S. workers or has other substantial positive economic effects, particularly in an economically depressed area, may well be understood to have national importance.” 

This shift acknowledges that even locally-focused projects can have broader implications for the nation as a whole. Your endeavor might address: 

• Advancing a field or industry that is critical to U.S. interests 
• Addressing important domestic challenges or priorities 
• Enhancing U.S. economic competitiveness or technological leadership 
• Improving public health, environmental quality, or national security 
• Creating jobs or economic opportunities, especially in underserved areas 

For a deeper dive into this topic, watch our video – “EB-2 NIW 2024: Publications and Citations for National Interest Waiver – Are They Required?” – which provides a detailed exploration of the role of publications and citations in NIW petitions. 

Common Misconceptions About Prong 1 

Misconception #1: National importance requires nationwide implementation 

One common misunderstanding is that your work must directly impact the entire country. The Dhanasar decision specifically moved away from overemphasizing the potential geographic scope of the endeavor. Your endeavor can be regionally focused yet nationally important if it addresses priorities of national concern or serves as a model that could be replicated elsewhere. To paraphrase the Dhanasar decision, even localized endeavors may be well understood to have national importance so long as the inherent or intrinsic value it brings to the nation is demonstrated. 

Misconception #2: Only economic contributions matter 

While potential economic impact can be valuable evidence, USCIS recognizes that substantial merit can exist in many forms. In fact, USCIS explicitly notes that “merit may be established without immediate or quantifiable economic impact,” and acknowledges that contributions to scientific knowledge, improvements in healthcare outcomes, cultural enrichment, and educational innovation all have merit that extends beyond economic benefits for the United States. 

Misconception #3: Your current role defines your proposed endeavor 

Your “proposed endeavor” is not your current job title or employer. It refers more specifically to the particular work and contributions you intend to make within your field. You need to articulate this clearly, showing how your specific activities will provide benefits beyond your immediate organization. In short, your proposed endeavor and your proposed employment are two legally distinct items when it comes to the EB-2 NIW. 

Misconception #4: Substantial merit automatically implies national importance 

These are distinct requirements that must both be satisfied. Prong 1 is established as a bifurcated assessment, each with distinct considerations and factors provided. Your research might have value and benefit society (substantial merit) but still lack clear implications for national priorities (national importance). Both aspects need to be addressed separately in your petition. 

Examples of Successful Prong 1 Arguments 

Computer Scientist in Bioinformatics  

Substantial Merit: The bioinformatics expert’s work seeking to revolutionize software frameworks for the U.S. biotechnology sector offers significant value in advancing technological innovation and addresses the need for specialized software engineering expertise in the global biotechnology market. 

National Importance: The research aligns with U.S. policies and federal priorities, directly advancing initiatives outlined in the White House’s Executive Order on Advancing Biotechnology and Biomanufacturing and supporting objectives from the National Institute of Standards and Technology (NIST) and Department of Defense.  

Geoscientist Specializing in Nanomanufacturing Processes 

Substantial Merit: The geoscientist’s work facilitates more efficient and sustainable production methods, contributes to the advancement of critical and emerging technologies, and addresses pressing environmental concerns through the development of sustainable nanoparticle synthesis methods. 

National Importance: The endeavor increases the profitability of nanomaterial manufacturing in the United States and enhances American competitiveness in advanced materials. 

Psychologist Supporting Students with Disabilities 

Substantial Merit: The psychologist’s endeavor to design and implement psycho-educational programs for mental health and disability support, addressing the pressing need for mental health support and disability inclusion in the United States. 

National Importance: The proposed endeavor aligns with important goals for mental health and disability support and with federal initiatives regarding mental disorders and the stigma associated with them, and will have a positive impact on the well-being and quality of life of students with disabilities. 

Business Management Professional in the Construction Industry  

Substantial Merit: The proposed endeavor introduces a remarkable innovation for affordability, sustainability, and disaster resilience in housing solutions. 

National Importance: The endeavor aims to address the affordable housing shortage in the United States by introducing innovative, affordable, and sustainable housing solutions in the United States to provide low-income people with a home. 

Key Documentation for Establishing Prong 1 

To successfully demonstrate substantial merit and national importance, consider including: 

• Expert opinion letters from recognized authorities within your field of endeavor who can validate both the merit of your work and its importance to national interests 
• Statistical evidence showing how your specific endeavor within your field relates to national priorities or challenges 
• Media coverage or recognition highlighting the significance of your work or related developments in your field 
• Citations or references to your work by others in the field, demonstrating its influence 
• Government reports, policies, or initiatives identifying your area of work as nationally important 
• Evidence of funding from prestigious sources that recognize the value of your endeavor 
• Documentation of potential impact including market analyses, economic projections, or potential applications of your work 

These are just a few examples of the types of evidence that can be used to establish the substantial merit and national importance of your endeavor. Remember, the Dhanasar decision did not necessarily provide an exhaustive list of potentially probative evidence to prove national importance, so it is important to consider your specific endeavor and field when making the determination on the best approach for proving national importance. 

Final Thoughts 

The first prong of the Dhanasar framework lays the foundation for a successful NIW petition. By clearly articulating both the inherent value of your work and its relevance to national interests, you establish a compelling case for why you deserve this immigration benefit. When presenting your case for substantial merit and national importance: 

1. Be specific and concrete. Avoid vague claims about the importance of your field generally. Focus on your particular endeavor and its specific merits and impacts. 
2. Connect dots explicitly. Don’t assume USCIS officers will make connections between your work and national importance. Explicitly explain how your endeavor relates to national priorities, challenges, or interests. 
3. Quantify where possible. While not everything can be measured, providing data-driven evidence of potential impact strengthens your case significantly. 
4. Focus on prospective benefits. While your past achievements matter, Prong #1 is fundamentally about what your proposed endeavor will contribute going forward. 
5. Distinguish your organization from your endeavor. Benefits to your specific employer alone are insufficient. Show how your work has broader implications for a field, region, or the public at large. 

Remember that under Dhanasar, USCIS has explicitly sought to create a more flexible and inclusive standard for qualifying under the National Interest Waiver category. At Colombo & Hurd, we’ve handled thousands of EB-2 NIW petitions for petitioners with a wide variety of endeavors. Our approach is tailored to each client, and we provide thorough documentation and persuasive argumentation connecting your specific endeavor to broader national concerns.