EB-2 National Interest Waiver
Matter of Dhanasar: economic evidence for the national interest
Independent expert opinion letters that address each prong of the Dhanasar framework with quantified, sourced economic analysis.
What Matter of Dhanasar established
Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), is the precedent decision that governs EB-2 National Interest Waiver petitions. It vacated the earlier NYSDOT framework and set a three-prong test that USCIS applies to every NIW filing today.
Two of those prongs turn on economic questions: whether a proposed endeavor has national importance, and whether the United States benefits from waiving the job offer and labor certification requirements. Those are questions of markets, employment, productivity, and cost — the subject matter of applied economics.
The Three Prongs
Substantial merit and national importance
The proposed endeavor must have substantial merit — which may be shown in business, entrepreneurship, science, technology, culture, health, or education — and importance that extends beyond a single employer or locality. Economic analysis is the most direct way to document that reach: quantifying the market served, the jobs and output supported, and the broader spillovers of the work.
Well positioned to advance the endeavor
USCIS weighs education, skills, record of success, a realistic plan, and interest from investors, customers, employers, or users. An economist's evaluation places that record in industry context: how the petitioner's expertise maps to real market demand, and why their track record predicts continued progress.
Benefit to the United States (waiver of the job offer)
The petitioner must show it would be beneficial to the U.S. to waive the job offer and labor certification requirements. Cost-benefit reasoning — the urgency of the need, the scarcity of comparable expertise, and the economic cost of delay — is exactly the evidence this prong invites.
What our Dhanasar evaluation includes
- Independent expert opinion letter addressing all three Dhanasar prongs
- Quantified economic impact of the proposed endeavor (output, employment, productivity)
- Industry and market analysis establishing national-scale demand
- Assessment of the petitioner's positioning against sector benchmarks
- Cost-benefit reasoning supporting the national interest waiver
- Fully sourced methodology and citations that hold up under RFE scrutiny
Frequently asked questions
- What is Matter of Dhanasar?
- Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), is the precedent decision that governs EB-2 National Interest Waiver petitions. It replaced the earlier NYSDOT framework with a three-prong test: substantial merit and national importance of the proposed endeavor, whether the petitioner is well positioned to advance it, and whether waiving the job offer requirement benefits the United States.
- Does an economist's expert letter help an NIW petition?
- An independent economic evaluation directly supports prongs one and three. It converts general claims about importance into measurable evidence — market size, employment effects, productivity gains, and the cost of not proceeding — which is the kind of documentation USCIS adjudicators can weigh.
- Which petitions does this analysis apply to?
- EB-2 National Interest Waiver petitions most directly, and the same evidence base strengthens EB-1A, EB-1B, and O-1 filings where national or field-wide impact must be demonstrated.
- How long does an endeavor evaluation take?
- Most expert opinion letters are completed within two to three weeks of receiving the petitioner's materials. Expedited timelines are available for pending RFE deadlines.
This page describes economic consulting services and is not legal advice. Petitioners should consult a licensed immigration attorney regarding their filing.
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