Many people hear about the NIW and immediately feel overwhelmed by the legal terminology. The truth is that the NIW system follows one clear framework. Every case is judged by the same three part test known as the Dhanasar prongs. Understanding these prongs helps applicants see what immigration officers are actually looking for and what the NIW is designed to measure.
Substantial Merit
This is the first part of what is called the “national interest” prong. It sounds complicated at first, but the idea behind substantial merit is simple. The officer needs to understand whether the field itself provides value to society. It is not about whether you personally are important. It is about whether the type of work you plan to do is connected to real needs, real problems, or real priorities.
This is where government policies, national initiatives, and public interest goals come into the picture. If your field aligns with areas the United States already considers important, such as public health, clean energy, advanced manufacturing, or cybersecurity, then your proposed work carries substantial merit. The government wants to see that your field matters. You do not need to prove that your individual project will change the entire country. You only need to show that the field itself contributes meaningful value.
National Importance
National importance is often misunderstood. Many applicants believe they must show that their work will influence the entire nation. That is not required. National importance can come from three different directions. It can affect the United States directly, it can contribute to the international community in ways that matter for the United States, or it can influence the development of an important field. Any of these can qualify.
The key question immigration officers ask is whether the proposed work has the potential to create broader effects beyond one employer. For example, improving a method used across an industry, helping a field advance, or contributing to research or technology that other professionals depend on can all qualify as nationally important.
This prong is also the most difficult part of the NIW test. Nearly every RFE or denial mentions that national importance was not sufficiently proven. Applicants often underestimate how much detail is needed to show that their proposed future work has wide relevance.
It is also important to understand that officers evaluate national importance based mostly on the proposed endeavor. Past achievements help establish credibility, but they are not the main factor here. Officers want to know what you plan to do in the United States and why that future work has significance beyond your immediate job duties. The plan matters more than the resume.
Substantial Merit and National Importance Work Together
Both substantial merit and national importance belong to the first Dhanasar prong. They work together but measure different things. Substantial merit focuses on the field and the societal value it represents. National importance focuses on the potential influence of your proposed work within that field or beyond. When combined, they help the government decide whether your work aligns with the interests of the United States.
Well Positioned to Advance the Endeavor
The second prong asks whether you are well prepared to carry out the work you described. This is where your achievements, work experience, education, skills, and record of accomplishment matter. Officers look for evidence that you have already built the expertise needed to make progress in your field once you relocate to the United States.
This prong is not about being the best. It is about being capable, credible, and realistically able to execute your plans.
Balancing Test
The third prong asks whether it makes sense for the United States to waive the usual job offer and labor certification requirements for you. In an ordinary employment-based case, an employer has to go through the labor certification process. This is a long and expensive procedure where the employer must try to recruit workers, keep detailed records, and wait for government review before sponsoring a foreign worker.
In the NIW category, the government asks a simple question. Do the benefits of your proposed work to the United States outweigh the need to put you and a potential employer through this complex labor certification step. If your work has strong potential to benefit the country, and if requiring a formal job offer and labor certification would make it harder and slower for you to contribute, then the balance generally weighs in your favor.
Putting Everything Together
When these three prongs work together, they create a clear picture. The government wants to know whether your field matters, whether your future work has meaningful potential, whether you are equipped to move the work forward, and whether it is beneficial for the country to let you bypass the usual employment-based steps.
For most applicants the biggest challenge is explaining national importance with enough clarity and depth. This is where nearly all RFEs arise, and where almost all denied cases fall short. Once applicants understand that the proposed endeavor is the core of the evaluation, rather than a simple list of past accomplishments, the entire NIW framework becomes much easier to understand.
Request an NIW Eligibility Evaluation
If you are wondering whether your background and future plans can be framed to meet the NIW standard, the next step is a structured eligibility evaluation. You can share your CV and a short description of the work you do, and we will review how your field and your track record fit into the three Dhanasar prongs. A careful early evaluation can save time, reduce uncertainty, and help you decide whether the NIW is the right path for you.
Thath Kim II
US Attorney
Licensed in Oregon
11F 1108, Seocho-daero 77gil 17, Seocho-gu, Seoul, Republic of Korea 06614