Dhanasar Prong 3 — why waiving job offer and PERM serves the national interest
Under Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), the petitioner must demonstrate that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and, accordingly, of a labor certification. USCIS weighs factors such as whether, in light of the person’s record of success and the nature of the national interest, the person’s endeavor and benefits are unlikely to be fully captured by the standard PERM process—i.e., whether the national interest is served even without testing the U.S. labor market for this specific role.
Prong 3 is not satisfied by repeating Prongs 1–2; it requires an explicit policy argument about why the waiver itself advances U.S. interests.
Officers ask whether the benefits of your work are diffuse or structural—for example, advancing a field, public health, climate resilience, education access, economic competitiveness, or technology leadership—such that tying you to one employer and one job undervalues U.S. gain. The inquiry can contrast the purpose of PERM (protecting U.S. workers for a specific opening) with the nature of your contributions (often pre-competitive research, foundational technology, clinical innovation, policy-relevant science, or entrepreneurship with spillover effects).
Strong arguments are specific: they name mechanisms by which your flexibility (changing institutions, spinning out a company, collaborating across sectors) increases U.S. welfare compared to a single sponsored job. Weak arguments merely state you are “too talented” for labor certification without tying talent to uncapturable national benefit.
Strong Evidence
Weak Evidence
Common RFE Triggers
Pro Tips
Petition cover letter (Prong 3 subsection), expert opinion letters addressing waiver specifically, federal or industry strategy documents cited as context (with your mapping explained), white papers, patents, publications, press, grant scopes showing national missions, letters from government or nonprofit collaborators (where permissible), and Other proof that benefits extend beyond a single employer.