In Depth Look at the Second Prong of Dhanasar: Well Positioned to Advance the Endeavor
Are you well positioned to advance your proposed endeavor? The second prong of Dhanasar addresses this question, focusing on the petitioner and their ability to achieve their endeavor.
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.
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.
The Matter of Dhanasar framework consists of three prongs:
- The proposed endeavor has both substantial merit and national importance
- The foreign national is well positioned to advance the proposed endeavor
- It would be beneficial to the United States to waive the job offer and labor certification requirements
Prong 2: Well Positioned to Advance the Endeavor
While the first prong focuses on the proposed endeavor itself (its substantial merit and national importance), the second prong shifts attention to the petitioner themselves. This crucial element requires petitioners to demonstrate that they possess the necessary qualifications, background, and prospective positioning to successfully advance their proposed work.
The second prong asks a fundamental question: “Why are you the right person to carry out this important work?” It connects the significance of the endeavor with your specific ability to make it happen.
Key Factors USCIS Considers for Prong 2
When assessing whether an individual is well-positioned to advance their endeavor, the Dhanasar decision outlined four key factors:
- Education, skills, knowledge, and record of success in related or similar efforts
- Models or plans that the individual developed (or significantly contributed to) for future activities related to the proposed endeavor
- Progress already made toward achieving the proposed endeavor
- Interest or support garnered from potential customers, users, investors, or other relevant entities
Importantly, you need not prove that your endeavor will ultimately succeed. Rather, you must demonstrate that you are personally well-positioned to advance it meaningfully.
Evidence for Demonstrating You Are Well Positioned
To successfully demonstrate that you are well positioned to advance your proposed endeavor, consider including:
- Credentials: Advanced degrees, specialized certificates, or licenses in the field
- Intellectual property: Patents, trademarks, or copyrights you’ve developed
- Independent expert evaluations: Letters from recognized experts describing your past achievements and potential
- Publication record: Published articles about your work or media coverage of your achievements
- Citation impact: Documentation showing how your work has been cited or adopted within your field
- Business planning: Detailed plans outlining how you’ll continue your work in the United States
- Financial support: Evidence of investment, grants, or other financial backing
- Contracts and agreements: Documentation showing relationships with clients, customers, or collaborators
- Government interest: Letters of support from relevant government or quasi-governmental entities
- Practical implementation: Evidence showing how your work is being used by others
Strong evidence should include both past accomplishments and positioning for future success.
Common Misconceptions About Prong 2
Misconception #1: Publications and Citations Are Required
Contrary to popular belief, publications and citations are not required to meet the second prong. While publications can strengthen certain petitions, they are absolutely not required. Remember, the assessment is whether or not you are well-positioned to advance your specific proposed endeavor. As such, if your endeavor is not based around the completion of academic or scientific research, it is not required to present this type of evidence.
For a more detailed exploration of the role of publications and citations in NIW petitions, read our recent article: Publications Requirements for EB-2 NIW: Facts vs Myths and watch our video: “EB-2 NIW 2024: Publications and Citations for National Interest Waiver – Are They Required?”
Misconception #2: Only Academic Achievements Matter
Many petitioners mistakenly believe that USCIS only values traditional academic achievements. However, the Dhanasar decision itself provided a total of four enumerated factors for consideration for the second prong, and only one of them relates directly to academic achievements. In reality, the second prong can be satisfied through various forms of evidence demonstrating capability, including entrepreneurial success, practical innovations, and industry recognition.
Misconception #3: You Must Already Be Established in the U.S.
Some believe that only individuals already working in the United States can successfully argue the second prong. In fact, USCIS recognizes that valuable contributions can come from individuals who have primarily worked abroad but are now seeking to bring their talents to America. Remember, the EB-2 NIW, at its core, utilizes a prospective analysis for its assessment, and thus your achievements from outside of the United States are just as probative and beneficial as those from within the country.
Misconception #4: Entrepreneurial Ventures Cannot Qualify
Entrepreneurs sometimes assume that NIW petitions are primarily for researchers and academics. However, business founders with innovative ideas can successfully demonstrate they are well-positioned to advance ventures with national importance. In fact, USCIS has specifically enumerated specific evidentiary considerations for entrepreneurs seeking an NIW.
Case Studies: Examples of Successful Prong 2 Arguments
Case 1: Bioinformatics Expert from the Netherlands
For a Dutch bioinformatics expert seeking to revolutionize software frameworks for the U.S. biotechnology sector, we presented evidence including:
- Professional credentials: Work Experience Letters from distinguished companies documenting his contributions in directly relevant roles
- Academic impact: Published articles and citation records demonstrating scholarly influence
- Expert endorsements: Letters from field experts attesting to his knowledge, skills, and abilities
- Recognition documentation: Evidence of acknowledgments, support, and professional recognition received throughout his career
- Strategic vision: A detailed plan for future activities aimed at empowering biotech companies
- Proven implementation: Evidence that he had already begun executing his proposed endeavor by remotely serving multiple U.S. clients
- Field engagement: Documentation of conference participation through papers, presentations, abstracts, and posters
The petition was approved despite having only a moderate publication record, as the focus was on creating innovative software frameworks for the biotech sector.
Case 2: Geoscientist from Ghana
For a geoscientist from Ghana aiming to optimize nanomanufacturing processes using data-driven approaches, we included the following evidence:
- Academic credentials: Evidence of degrees in a DHS-designated STEM field
- Professional experience: C.V. demonstrating professional research and teaching experience
- Certification: Certificates demonstrating the petitioner’s continuing education in the geochemical nanoscience field
- Expert endorsements: Letters from field experts attesting to his knowledge, skills, and abilities
- Detailed plan: A detailed plan for future activities in furtherance of the endeavor
- Letters of interest: Letters from colleagues in the petitioner’s field expressing interest in collaboration
- Progress towards achieving the endeavor: Petitioner’s memberships and professional licenses, recognition and awards, and publications
This evidence effectively demonstrated how the petitioner’s geological expertise and nanoscience specialization provides a foundation for his endeavor to optimize the nanomanufacturing of chemicals and materials.
Case 3: Psychologist from Ecuador
For a school psychologist from Ecuador, whose endeavor is to design and implement psycho-educational programs for mental health and disability support, we included the following supporting evidence:
- Work experience: Teaching experience and professional experience as an educational psychologist and therapist
- Letters of interest: Documentation of interest from various organizations to collaborate on mental health support, education quality, and anti-discrimination initiatives
- Strategic partnerships: Plans for future collaborations with community institutions and resources to provide comprehensive services to students and their families
- Proven commitment: Evidence of ongoing commitment to supporting students and their families through community-based initiatives
- Awards and recognition: Attesting to the petitioner’s abilities, dedication, knowledge, hard work, soft skills, professionalism, highly effective performance, and contributions
- Employment verification letter: Letter confirming petitioner is working as a school psychologist
This evidence shows that the petitioner’s unique skillset makes her an indispensable asset in her work geared toward designing and implementing psycho-educational programs for mental health and disability support.
Case 4: Business Management Professional from Colombia
For a business management professional in the construction industry from Colombia, whose aim is to address the affordable housing shortage in the United States, we included the following evidence to highlight his position in the field:
- Education and professional record: Bachelor’s degree, plus letter of professional experience attesting to the petitioner’s years of experience in business management and the construction industry
- Support letters: Letters from petitioner’s peers and independent experts in his field
- Media coverage: Newspaper article highlighting the petitioner’s visionary project and underscoring its potential profound benefits for the community
- Robust plan: Model plan for future endeavors, including specific sustainable housing solutions to provide low-income individuals in the United States with a home
- Entrepreneurial endeavor: Evidence that petitioner has already founded his own company to introduce his novel, affordable, and sustainable solutions, benefiting numerous communities across the nation
- Business plan: Outline of the petitioner’s company’s strategies for customer relations, marketing, and sales
This evidence, highlighting the petitioner’s progress toward achieving his proposed endeavor and his plan for further progress, demonstrates that he is well positioned to advance his proposed endeavor.
Strategic Considerations for Your Petition
Satisfying the second prong requires strategic presentation of your qualifications and achievements in a way that convincingly demonstrates your capacity to advance your proposed endeavor. The following considerations will help you craft a compelling argument:
Tailor Your Evidence to Your Field
The most compelling second prong arguments align evidence with field-specific expectations. A scientist might emphasize research outcomes, while an entrepreneur might focus on market validation and business milestones.
Demonstrate Forward Momentum
USCIS looks favorably on petitioners who show their work is gaining traction. Evidence of continuing progress, such as research breakthroughs, business growth, or increasing adoption, strengthens your position.
Connect Past Achievements to Future Potential
Explicitly link your track record to your proposed endeavor. Show how your unique background has prepared you specifically for advancing this work in the United States.
Address Potential Weaknesses Proactively
If your background has potential gaps (such as limited experience in a specific aspect of your field), address these directly by showing how other strengths compensate or how you’ve taken steps to develop in these areas.
Final Thoughts
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 demonstrating that you are well-positioned to advance your proposed endeavor.
For more insight into the NIW process, we invite you to read our companion article exploring Dhanasar‘s first prong: In Depth Look at the First Prong of Dhanasar: Substantial Merit and National Importance
