EB-2 NIW Business Plan: Winning the Dhanasar Three-Prong Test

How to write an EB-2 National Interest Waiver business plan that satisfies the Dhanasar prongs — substantial merit, national importance, and waiver justification.

EB-2 NIW Business Plan: Winning the Dhanasar Three-Prong Test

EB-2 National Interest Waiver petitions live and die on the Dhanasar framework. AAO's 2016 Matter of Dhanasar decision established three prongs, and every serious NIW business plan is really an argument for all three.

Substantial merit and national importance of the proposed endeavor 2. The petitioner is well positioned to advance the endeavor 3. On balance, it would be beneficial to the United States to waive the labor certification requirement

A plan that only argues one prong strongly and hand-waves the other two rarely succeeds. Adjudicators score all three.

Executive Summary — proposed endeavor overview aligned with all three Dhanasar prongs - Proposed Endeavor — detailed description of your business or research endeavor - Substantial Merit — evidence of intrinsic value and significance to the field - National Importance — impact analysis showing broad national benefit, not just local - Petitioner's Qualifications — education, experience, and achievements that position you to succeed - Market Analysis — industry landscape and market opportunity - Business Model — revenue streams, pricing, and go-to-market strategy - Economic Impact — job creation, tax revenue, and community benefit projections - Financial Projections — 5-year financial model demonstrating viability - Waiver Justification — why waiving labor certification benefits the United States