The Matter of Dhanasar is a landmark decision by the United States Citizenship and Immigration Services (USCIS) that redefined the criteria for obtaining a National Interest Waiver (NIW) under the EB-2 category for employment-based immigration.

Under this ruling, applicants no longer need to show that their contributions are of "national in scope." Instead, the USCIS introduced a two-phase process and established a more flexible standard, commonly referred to as the three-prong test.

Two Phases:

1. EB-2 Eligibility: The applicant must first prove they qualify for the EB-2 category, which includes either having an advanced degree or exceptional ability in their field.
2. National Interest Waiver (NIW) Application: Once EB-2 eligibility is established, the applicant can request a waiver of the job offer and labor certification requirements by proving their work is in the national interest.

Three-Prong Test:

1. Substantial Merit and National Importance: The applicant’s proposed work must be of substantial merit and benefit to the United States.
2. Well-Positioned to Advance the Proposed Endeavor: The applicant must demonstrate that they are well-positioned to pursue the proposed endeavor.
3. Balance of National Interest: The national benefits of waiving the job offer and labor certification requirements must outweigh any potential negatives.

The Matter of Dhanasar provides a more flexible and inclusive pathway for immigrants to contribute meaningfully to the U.S.