EB-2 NIW: Matter of Dhanasar - Deep Dive into Prong 1 (Proposed Endeavor of National Importance)

EB2 NIW cases are decided based on a 3 prong test; Prong 1 of 3 requires a proposed endeavor of national importance. Many cases are denied for failing to meet Prong 1. Here are some PRO TIPS...

Hang on. This is a deep dive.

This post relates to EB-2 NIW, a route to obtaining a green card which does not require a U.S. employer. If you are new to U.S. immigration law, I encourage you to review the primer here.

Anyone in the world can file an EB-2 NIW I-140 immigrant visa petition, and if the I-140 petition is approved, then he/she and his/her family (spouse and unmarried children under age 21, if any) can immigrate to the United States.

The EB-2 NIW option can be used by people within the US without an employer sponsor (petitioner), or someone outside the US.

The EB-2 NIW petition is one of the limited numbers of ways qualified professionals can get into the US legally without an employer sponsor. To review other limited ways that mid-career professionals can immigrate to the U.S., check out this post.

When an I-140 immigrant visa petition is filed with the U.S. Immigration Service (USCIS) seeking approval in the EB-2 NIW category, the case will be reviewed by USCIS adjudicators against an administrative law case called Matter of Dhanasar.

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The rest of this post (behind the paywall) will be a deeper dive into the background behind the Matter of Dhanasar decision, particularly Prong 1 of the 3-Prong test established in the Dhanasar case.

I will discuss two of the most common reasons that EB-2 NIW cases are denied and I will share thoughts on how to structure your case and build a successful profile for EB2 NIW.