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National Interest Waiver Requirement of "Substantial Merit and National Importance"

Hi William,

How to qualify for EB2 National Interest Waiver requirement of "substantial merit and national importance", in the
Matter of Dhanasar.


For Matter of Dhanasar of EB2 National Interest Waivers petition, USCIS requires that "
the foreign national’s proposed endeavor has both substantial merit and national importance."

The Dhanasar’s prong #1 requires substantial merit and national importance - focuses on the specific endeavor that the foreign national proposes to undertake. The substantial merit may be demonstrated in a range of areas including business, entrepreneurialism, science, technology, culture, health, or education. It is possible to establish an alien’s substantial merit without a demonstration of immediate or quantifiable economic impact, although such evidence would be favorable.

To determine whether the proposed endeavor has national importance, USCIS may consider the potential prospective impact. For example, an endeavor may have national importance because it has national or even global implications within a particular field, such as those resulting from certain improved manufacturing processes or medical advances.

USCIS will not evaluate prospective impact solely in geographic terms. Instead, USCIS will look for broader implications. Even ventures and undertakings that have as their focus one geographic area of the United States may properly be considered to have national importance.

In modifying this prong to assess ‘national importance’ rather than ‘national in scope,’ USCIS seeks to avoid overemphasis on the geographic breadth of the endeavor. An endeavor that has significant potential to employ U.S. workers or has other substantial positive economic effects, particularly in an economically depressed area, for instance, may well be understood to have national importance.

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