Overview of the Three Prongs of EB-2 NIW

The EB-2 National Interest Waiver (NIW) is a U.S. green card pathway for professionals with advanced degrees or exceptional abilities in fields like science, business, technology, health, and education. What makes this visa unique is that applicants can self-petition—meaning you don’t need a job offer or employer sponsorship to apply. This is especially helpful for engineers, mathematicians, entrepreneurs, researchers and others whose work contributes to the national interest of the United States.

Instead of going through the labor certification process, you must prove that your work is important enough to benefit the country directly, and that it’s in the national interest to waive the usual job requirements.

Importance of the Three-Prong Test

To determine if an applicant qualifies for the EB-2 NIW, USCIS uses a standard called the three-prong test, based on the Matter of Dhanasar case. This test helps the government decide if your work is valuable enough to bypass the traditional process.

The three prongs assess:

1. Whether your work has substantial merit and national importance
2. Whether you are well-positioned to carry out your proposed endeavor
3. Whether waiving the labor certification benefits the U.S. overall

Understanding these prongs is key to building a strong EB-2 NIW case. In the next section, we’ll break down each of these three prongs so you know exactly what USCIS is looking for.

Detailed Examination of the Three Prongs of EB-2 NIW

When applying for the EB-2 National Interest Waiver (NIW), it’s not enough to simply have an advanced degree or exceptional ability. You must also meet the three-prong test created by USCIS through a legal case called Matter of Dhanasar. Let’s break down each prong in simple terms so you understand what the government is really looking for.

First Prong: Substantial Merit and National Importance

Defining Substantial Merit

Your work must have real value and contribute something meaningful. This doesn’t mean you have to be famous—it means your work solves problems, helps people, or advances your field. Substantial merit can apply to areas like science, healthcare, business, education, and more.

Examples include:

• Developing new medical technology
• Conducting climate research
• Building innovative software that improves safety or communication

If your work improves lives or pushes knowledge forward, it likely has substantial merit.

Understanding National Importance

This part looks at the impact of your work on a national level. It’s not just about helping your company or a small group of people. USCIS wants to see how your work affects the U.S. as a whole or contributes to a major goal like public health, national security, education, or economic growth.

For example:

• A healthcare worker improving access to services in rural areas
• A researcher working on renewable energy solutions
• A startup founder creating jobs or solving nationwide problems

Your work must show potential to benefit the country, not just yourself or your employer.

Second Prong: Well-Positioned to Advance the Proposed Endeavor

Criteria for Being Well-Positioned

Here, USCIS wants to know you’re capable of carrying out your work successfully in the U.S. It’s not enough to have a good idea—you need to show that you have the experience, skills, and a plan to make it happen.

To prove this, you can include:

• Academic degrees and certifications
• Work experience and leadership roles
• Published research, patents, or media coverage
• Letters from experts who support your work
• Proof of business plans or funding (if you’re an entrepreneur)

The goal is to show you have a track record of success and the ability to continue making a difference.

Third Prong: Balancing the Benefit to the U.S.

Rationale for Waiving Labor Certification

Normally, green card applicants need a job offer and labor certification from the Department of Labor to prove no qualified U.S. worker is available for the job. But EB-2 NIW applicants are asking to skip that step. So, you must prove that waiving this requirement is better for the U.S.

This means your work is so important that delaying it with extra paperwork would hurt U.S. interests. For example:

• A scientist working on urgent public health research
• An entrepreneur building a business that solves national problems
• A tech expert developing critical infrastructure or cybersecurity tools

You need to convince USCIS that your contributions outweigh the need for traditional job hiring rules.

Common Questions Related to EB-2 NIW

If you’re thinking about applying for the EB-2 National Interest Waiver (NIW), you probably have questions about the steps and what documents you need. Don’t worry — here’s a simple explanation to guide you through the process.

What Are the Steps for EB-2 NIW?

The EB-2 NIW application process is straightforward but requires good preparation. Here’s a step-by-step overview:

1. Check EB-2 NIW Eligibility – Make sure you have an advanced degree or exceptional ability, and that you can meet the three-prong test.
2. Gather Supporting Documents – Collect all required evidence that shows your qualifications, accomplishments, and the national importance of your work.
3. Prepare Form I-140 – This is the main immigration form for the EB-2 NIW visa. You will file it directly with USCIS.
4. Submit Your Petition  Send your I-140 form, along with all documents, to the correct USCIS service center.
5. Wait for a Decision – USCIS may approve your petition, request more evidence (RFE), or deny the application.
6. If Approved – You can apply for a green card through Adjustment of Status (if in the U.S.) or Consular Processing (if outside the U.S.).

What Is the Checklist for EB-2 NIW?

Here are the essential documents you’ll need:

✔ Form I-140 (Immigrant Petition)
✔ Detailed petition letter explaining the three prongs
✔ Copies of degrees, transcripts, and certifications
✔ Work experience letters
✔ Recommendation letters from experts (ideally 5–7)
✔ Proof of national importance (research, media, patents, etc.)
✔ Resume or CV
✔ Filing fee payment

Being organized and submitting strong evidence from the start can really improve your chances of approval. In the next section, we’ll share tips to make your EB-2 NIW petition even stronger.

Tips for a Successful EB-2 NIW Petition

Getting approved for an EB-2 National Interest Waiver (NIW) is possible if you build a strong and well-organized petition. Here are a few simple but powerful tips to help you avoid common mistakes and improve your chances of success.

Avoiding Common Pitfalls

Many EB-2 NIW applications are delayed or denied because of avoidable errors. Some of the most common mistakes include:

 ❌ Submitting weak or generic recommendation letters
❌ Not clearly explaining how your work benefits the U.S.
❌ Forgetting key documents or submitting incomplete forms
❌ Using vague language or copying content from other petitions

To avoid these, make sure your application is specific to your field, supported by strong evidence, and easy for a USCIS officer to understand.

Strengthening Your Application

 ✅ Use clear, professional language in your petition letter
✅ Include 5 to 7 high-quality recommendation letters.
✅ Show real-world impact — share data, media, research, or awards
✅ Make sure your evidence directly supports each of the three prongs

Seeking Professional Guidance

Even though EB-2 NIW allows self-petitioning, many applicants choose to work with an immigration attorney or consultant. A professional can help structure your case properly, avoid small mistakes, and present your story in the best light.

At the end of the day, your petition should show why your work matters to the U.S., and why you’re the right person to carry it forward. A well-prepared case is your best path to approval.