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USCIS Matter of Dhanasar 3-Prong Statutory Engine

EB-2 NIW Profile Evaluator & Citation Scorer

Test your direct National Interest Waiver (Self-Petition Green Card) approval probability without needing an employer sponsor or PERM labor certification under 8 CFR § 204.5(k)(2).

Step 1: Baseline Educational Threshold

8 CFR § 204.5(k)

Step 2: Scholarly & Field Influence Metrics

Google Scholar Total Citations45 Citations
0 (Emerging)50 (Solid NIW)150+ (High Approval)350+
Journals & Conferences
Lead Investigator
8 CFR § 204.5 Standing

Step 3: Proposed Endeavor (National Importance)

EB-2 NIW Approval OddsUSCIS Precedent Score
91%Exceptional Case (High Approval Probability)

Calculated using the 3-Prong Matter of Dhanasar precedent, citation thresholds, and White House Critical Technologies priorities.

Matter of Dhanasar 3-Prong Audit

Prong 1: Substantial Merit & National Importancestrong

Your proposed endeavor aligns with designated U.S. Critical & Emerging Technologies or public health mandates with national, prospective impact.

Prong 2: Well-Positioned to Advance Endeavorstrong

Your record of 45 citations, published papers, and advanced degree proves past record of success and field influence.

Prong 3: Balance of Factors to Waive PERMstrong

The urgent national interest and specialized nature of your endeavor make standard Department of Labor PERM recruitment impractical.

Tailored Evidence Strategy

  • Utilize Form I-907 Premium Processing (45 calendar days USCIS adjudication response) to eliminate long multi-year processing delays.

Statutory Framework: How USCIS Adjudicates EB-2 National Interest Waivers

1. Advance Degree (8 CFR § 204.5(k))

You must demonstrate either an official U.S. Master's / PhD (or evaluated foreign equivalent) OR a U.S. Bachelor's plus 5 years of progressive post-degree experience.

2. Matter of Dhanasar Precedent

Replaced the older NYSDOT test in 2016. It focuses on the prospective national impact of your endeavor and whether you possess the tools to successfully advance it.

3. Form I-907 Premium Processing

Under current USCIS regulations, EB-2 NIW petitions qualify for 45 calendar day premium processing for a federal filing fee of $2,805.

Need to explore H-1B timeline options or Cap-Exempt institutions while preparing your self-petition?