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GuideEB-2-NIWSubstantial Merit and National Importance
EB-2-NIW

Substantial Merit and National Importance

Dhanasar Prong 1 — merit and national importance of the proposed endeavor

Official Definition

In Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), USCIS adopted a framework requiring that the foreign national’s proposed endeavor have both substantial merit and national importance. The decision explains that substantial merit may be shown in a range of areas—including business, entrepreneurship, science, technology, culture, health, or education—without requiring proof of immediate or quantifiable economic impact, though such evidence may help.

National importance is broader than geographic scope alone. USCIS may consider the endeavor’s potential prospective impact, for example on a field, public health, the environment, U.S. competitiveness, or society, rather than limiting the analysis to a single locality or one employer’s needs.

The proposed endeavor is distinct from a mere job description; it is the plan of what you will do in the United States that advances an objective of national significance.

What Adjudicators Look For

Officers assess whether the endeavor is coherent, credible, and substantial in quality—not trivial or purely personal—and whether its importance extends beyond routine local or firm-specific benefit. After January 2022 policy updates, STEM work—especially in critical and emerging technologies, public health, or areas tied to U.S. economic or security interests—may be highlighted as examples of fields where merit and importance are often easier to contextualize, though each case remains fact-specific.

Strong petitions define the endeavor clearly (what problem is solved, who benefits, what stage the work is in), anchor claims in objective sources (grants, patents, publications, adoption metrics, regulatory filings, media, contracts), and explain why the work matters nationally even if some activities are regional in execution.

Evidence Strength

Strong Evidence

    Weak Evidence

      Common RFE Triggers

      Common RFE Triggers

      • Conflating a job title with a proposed endeavor—no standalone theory of national importance.
      • Over-reliance on future intent without past track record, milestones, or credible plan details.
      • STEM degree offered instead of proof that the specific endeavor is of national significance.
      • Letters from colleagues with no demonstrated independent knowledge of the field or the work.
      • Inconsistent endeavor descriptions between the petition letter, support letters, and exhibits.

      Tips

      Pro Tips

      • Write the endeavor as a short headline plus 3–5 bullet objectives officers can remember through the whole file.
      • Pair qualitative national-importance arguments with at least some quantitative or documentary anchors where possible.
      • For entrepreneurs, show traction (product, users, revenue, pilots) or credible near-term milestones if early-stage.
      • Map USCIS Policy Manual themes on STEM and entrepreneurship to your facts, not generic boilerplate.
      • Cross-reference this prong with Prong 3: national importance often supports why a waiver benefits the U.S.

      Relevant Document Types

      Grant awards, peer-reviewed publications, patent filings or grants, press articles, technical whitepapers or regulatory submissions, business plans (summary + corroborating exhibits), contracts or LOIs, conference programs showing invited talks, Recommendation Letter and Expert Opinion Letter (field-specific), CV, and Other objective proof of adoption or impact.

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      Advanced Degree or Exceptional Ability

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      Well Positioned to Advance the Endeavor

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      On this page

      • Official Definition
      • What Adjudicators Look For
      • Evidence Strength
      • Common RFE Triggers
      • Tips
      • Relevant Document Types