Nature of the Endeavor
Consider whether the work is naturally pursued across institutions, projects or employers.
Matter of Dhanasar • Prong Three
NIW Third Prong: Why Should the United States Waive the Job Offer Requirement?
The third Dhanasar prong requires the applicant to show that, on balance, it would be beneficial to the United States to waive the normal job offer and permanent labor certification requirements. It is a separate legal requirement and should not be reduced to the argument that NIW is more convenient for the applicant.
Balancing Analysis
Build Prong Three From the Actual Facts of the Case
Value of the Applicant
Use the established research record to explain why continued work by this applicant benefits the United States.
Benefit of Waiver
Explain why, on balance, allowing the applicant to advance the endeavor without the normal job offer requirement serves the national interest.
Researcher Third Prong Evidence
Facts That May Be Relevant to the Balancing Analysis
Cross Institutional Research Work involving multiple universities,
laboratories or collaborators.
Government Interest Agency support, funding or demonstrated need.
Specialized Expertise Capabilities directly related to the endeavor.
Research Continuity Ability to advance the work through changing
projects or affiliations.
Existing Progress Evidence that the endeavor is already advancing.
Prospective U.S. Benefit Scientific, technological, medical or other
credible effects of continued work.
Common Mistake
Convenience to the Applicant Is Not the Legal Test
Weak
“PERM takes too long and NIW would be easier for me.”
Personal convenience does not establish why granting the waiver benefits the United States.
Stronger
Explain the benefit of waiver in this case.
Connect the endeavor, the applicant’s demonstrated ability and the practical value of allowing the work to proceed without dependence on one labor certified job offer.
Common Questions
NIW Third Prong FAQ
Do I have to prove that no U.S. worker can do the job?
The NIW third prong is not simply a traditional labor market test. It applies the Dhanasar balancing framework.
Is national importance enough for the third prong?
No. Prong Three is a separate requirement.
Can research flexibility matter?
Potentially, when the evidence explains why flexibility helps advance the specific endeavor and benefits the United States.
Can government interest help?
Yes. Government support or interest may be relevant depending on what it demonstrates about the endeavor and the value of the applicant’s prospective contributions.
Primary Legal Source USCIS Policy Manual — National Interest Waivers