Welcome back to our series on the Employment-Based Second Preference National Interest Waiver (EB2 NIW) Green Card category. In our previous article, we discussed the threshold qualifications needed to apply—either an advanced degree or exceptional ability. Today, we’ll delve into the first of the three criteria established by the Matter of Dhanasar decision: demonstrating that your work has substantial merit and national importance.
Understanding the Matter of Dhanasar Criteria
The Matter of Dhanasar, a landmark decision by the Administrative Appeals Office (AAO) in 2016, laid out three prongs that applicants must satisfy to qualify for the EB2 NIW:
The proposed endeavor must have substantial merit and national importance.
The applicant must be well-positioned to advance the proposed endeavor.
On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.
In this article, we’ll focus on the first prong: demonstrating that your work has both substantial merit and national importance.
Substantial Merit
Substantial merit refers to the intrinsic value of the work itself. USCIS does not limit this to any particular field; merit can be demonstrated in areas such as science, technology, culture, health, education, or business. The key is to clearly show that your work is valuable and beneficial in your field.
Example 1: Scientific Research
Suppose you're a researcher developing a new type of renewable energy technology. Even if the technology is in the early stages and not yet commercially viable, the potential environmental and economic benefits it could provide would likely be considered of substantial merit.
Example 2: Healthcare Innovation
If you're a healthcare professional who has developed a new sedation technique that improves patient outcomes during surgeries, this could be seen as work of substantial merit. Even if it’s not yet widely adopted, the innovation's potential to improve healthcare standards would be significant.
Example 3: Educational Initiatives
An entrepreneur working to improve educational access in underserved communities, perhaps through an innovative online learning platform, would likely meet the substantial merit criterion. The initiative’s potential to enhance education and provide opportunities to marginalized groups gives it intrinsic value.
National Importance
The national importance criterion requires you to demonstrate that your work has broader implications beyond your immediate job or local community. Your endeavor should have the potential to significantly benefit the United States on a national level. It’s not enough to show that your work is important to your company or region—you need to connect your work to a larger national objective.
Example 1: Public Health Impact
Consider a public health expert working on a nationwide initiative to combat a public health crisis, such as an epidemic or chronic disease. Their efforts to implement effective strategies and policies that could prevent widespread illness would be of national importance, given the potential to save lives and reduce healthcare costs across the country.
Example 2: Economic Development
An entrepreneur whose business plan involves revitalizing economically depressed areas by creating jobs and promoting sustainable practices could demonstrate national importance. If the business model is scalable and can be replicated in other regions, it has the potential to contribute significantly to the national economy.
Example 3: Environmental Sustainability
A professional in the environmental sector working on projects aimed at reducing carbon emissions or improving water quality across multiple states could argue national importance. These endeavors align with national policy goals related to climate change and environmental protection.
How to Prove Substantial Merit and National Importance
When preparing your EB2 NIW petition, it’s essential to provide clear, compelling evidence that your work meets these criteria. Here are some ways to do that:
Expert Opinions: Include letters of recommendation from experts in your field who can speak to the significance of your work and its impact on a national scale.
Documentary Evidence: Provide documentation of any awards, grants, or recognitions you’ve received that highlight the importance of your work. Include any media coverage, articles, or studies that reference your contributions.
Data and Statistics: If applicable, provide data that illustrates the impact of your work. For example, if your initiative has created jobs, reduced pollution, or improved public health, quantify those outcomes to demonstrate their significance. If your initiative is in its early stages, and will involve entrepreneurship, it’s essential to submit a well researched business plan with financial and personnel projections.
Connection to National Policies: Show how your work aligns with or supports national policies or objectives. For instance, if you’re working on a project related to renewable energy, cite government initiatives that prioritize this area and explain how your work contributes to those goals.
Conclusion
Demonstrating that your work has substantial merit and national importance is the first crucial step in meeting the EB2 NIW criteria outlined in Matter of Dhanasar. It requires you to think beyond your immediate accomplishments and connect your future work to larger national interests. By providing strong, clear evidence of your work’s impact and potential, you’ll be well-positioned to satisfy this important prong.
If you're considering applying for the EB2 NIW or want personalized guidance on your immigration journey, reach out to us at info@peludimmigration.com to schedule a consultation. Our firm has successfully guided numerous clients through this complex process, and we’re here to help you navigate the steps with confidence and clarity.
In the next article of our series, we’ll explore the second prong of the Matter of Dhanasar decision: how to prove that you are well-positioned to advance your proposed endeavor. Stay tuned as we continue to break down the EB2 NIW process, making it accessible for entrepreneurs and self-petitioners looking to contribute to the United States on a national level.
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