Understanding the Dhanasar Case: The Legal Foundation of Today’s NIW Petitions

If you are a professional, researcher, physician, or entrepreneur seeking a U.S. green card without employer sponsorship, the EB-2 National Interest Waiver (NIW) may be your best path forward. At the heart of today’s NIW adjudications is a pivotal immigration decision known as Matter of Dhanasar.

Understanding this case—and how USCIS applies it—can make the difference between an approval and a denial.

What Is the Dhanasar Case?

In Matter of Dhanasar (2016), the U.S. government fundamentally changed how National Interest Waiver petitions are evaluated. Before Dhanasar, NIW cases were reviewed under a rigid and outdated standard that made approvals unpredictable and difficult.

The Dhanasar decision replaced that approach with a more flexible, forward-looking framework that focuses on:

• The importance of your work

• Your ability to advance it

• How the United States benefits from waiving the job offer requirement

Today, every NIW petition is decided under the Dhanasar standard.

The Three Questions USCIS Asks Under Dhanasar

Instead of comparing you to U.S. workers or requiring a labor market test, USCIS now asks three key questions:

1. Is Your Work Important to the United States?

USCIS looks at whether your proposed endeavor has both:

• Substantial merit, and

• National importance

This does not mean your work must affect the entire country or make headlines. Endeavors that improve:

• Healthcare outcomes

• Scientific research

• Technology and innovation

• Education

• Business growth and job creation

• Environmental sustainability may—all qualify—even if your work is regional or specialized.

What matters is impact, not geography.

2. Are You Well Positioned to Succeed?

Next, USCIS evaluates whether you are capable of advancing your proposed endeavor.

This can be shown through:

• Education and professional training

• Work experience and leadership roles

• Publications, patents, or citations

• Business plans, contracts, or funding

• Independent expert opinions

You do not need to prove guaranteed success. USCIS only requires credible evidence that you are well positioned to move your work forward.

3. Would the U.S. Benefit From Waiving the Job Offer Requirement?

Finally, USCIS balances the benefits of granting you a waiver against the traditional labor certification process.

This is where many strong cases succeed. USCIS recognizes that:

• Entrepreneurs cannot be tied to a single employer

• Researchers and innovators often work independently

• Certain fields face urgent national needs

• Labor certification may be impractical or counterproductive

If your work advances U.S. interests more effectively without a job offer, a waiver may be justified.

Why Dhanasar Makes the NIW So Powerful

Thanks to Dhanasar, the NIW is now one of the most flexible green card options available, especially for individuals who:

• Want to self-petition

• Work in cutting-edge or emerging fields

• Are founders, consultants, or independent professionals

• Do not fit neatly into traditional employment sponsorship

The focus is no longer on where you work—but why your work matters.

Why Strategy Matters More Than Credentials

Many NIW denials occur not because the applicant lacks qualifications, but because the petition fails to:

• Clearly define the proposed endeavor

• Connect the work to national importance

• Address all three Dhanasar prongs with evidence

• Present a coherent, persuasive legal narrative

A successful NIW petition is not just a résumé submission. It is a carefully structured legal argument tailored to USCIS standards.

How Our Firm Can Help

At our firm, we focus on:

• Comprehensive evaluation of NIW eligibility under the Dhanasar framework

• Developing a strong, comprehensive individualized case strategy

• Drafting compelling legal arguments supported by evidence

• Preparing expert letters that address impact, not just praise

• Guiding clients through the entire NIW process with clarity and confidence

At Geofrey M. Law, we understand how USCIS officers analyze NIW cases—and how to present your work in the strongest possible light.

Ready to Find Out If You Qualify for an NIW?

If you want a green card without employer sponsorship, the NIW may be the right option for you.

Contact our office today for a personalized NIW evaluation. We will assess your background, explain your options, and help you determine the best strategy under the Dhanasar standard.

Your work has value. Let us help you present it effectively.