Prong 3 of Matter of Dhanasar -
Balancing Factors to Determine the Waiver's Benefit to U.S.
I am in the process to file the EB2 National Interest Waiver Petition (EB2 NIW). How to prepare the prong 3 of Matter of Dhanasar - balancing factors to determine be waiver's benefit to the United States.
For the prong 3 of Matter of Dhanasar - balancing factors to determine be waiver's benefit to the United States, the petitioner should submit evidence to establish that, on balance, it would be beneficial to the United States to waiver the requirements of a job offer and thus of a labor certification.
This balance was described in Dhanasar petition case as on one hand protecting the domestic labor supply through the creation of the labor certification process, while on the other hand recognizing that in certain cases the benefits inherent in the labor certification process can be outweighed by other factors that are also deemed to be in the national interest. USCIS may evaluate the following factors:
1) Whether, in light of the nature of the petitioner's qualifications or propose endeavor, it would be impractical either for the petitioner to secure a job offer or for the petitioner to obtain a labor certification;
2) Whether, even assuming that other qualified U.S. workers are available, the United States would still benefit from the petitioner's contributions;
3) Whether the national interest in the petitioner's contributions is sufficiently urgent to warrant forgoing the labor certification process;
4) Whether the petitioner's endeavor may lead to potential creation of jobs; and
5) Whether the petitioner is self-employed in a manner that generally does not adversely affect U.S. workers.
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