How to Address the EB2 NIW Three-Prong Test

The EB2 NIW Three-Prong Test

The EB2 NIW Three-Prong Test was established by the Matter of Dhanasar precedent decision, is the framework USCIS uses to evaluate NIW applications.

Understanding these three prongs is paramount to a successful EB2 NIW application. Let’s dive right in.

Prong 1: Exceptional Ability

This prong focuses on demonstrating your qualifications and expertise in your field.

You must prove that you possess exceptional ability, going beyond the ordinary.

Evidence of this can include:

1. Advanced Degrees: Master’s, Ph.D., or equivalent degrees are strong indicators of specialized knowledge.
2. Publications: A substantial record of scholarly articles, books, or conference papers in reputable publications demonstrates your contributions to the field.
3. Memberships: Membership in prestigious organizations requiring outstanding achievements for admission signifies recognition by peers.
4. Awards and Recognition: Awards, prizes, fellowships, or other accolades for your work highlight your accomplishments and standing in the field.
5. Experience: Evidence of significant experience in your field, including leadership roles and impactful projects.
6. Original Contributions: Documentation of original contributions of major significance to your field, such as patents, innovations, or breakthroughs.
7. Leading Roles: Evidence of leadership in projects, teams, or organizations demonstrates your ability to influence and direct others.
8. Commercial Success: If applicable, evidence of commercial success, such as sales figures, market share, or successful startups, can demonstrate the value of your work.
9. High Salary: A high salary or other compensation, relative to others in your field, can be indicative of your expertise and value.
10. Media Recognition: News articles, interviews, or other media coverage featuring your work or accomplishments further demonstrate recognition and impact.

Prong 2: National Interest

This prong emphasizes the importance of your proposed endeavor to the United States.

It’s not enough to be exceptionally talented; your work must serve the national interest.

This could involve:

1. Economic Growth: Contributions that stimulate the economy, create jobs, or enhance competitiveness.
2. Technological Advancement: Research and development that leads to innovation and technological progress.
3. Public Health: Work that improves healthcare, addresses public health challenges, or advances medical research.
4. Education: Contributions to education, such as developing new teaching methods, improving access to education, or advancing educational research.
5. National Security: Work that enhances national security, such as developing defense technologies or addressing cybersecurity threats.
6. Arts and Culture: Contributions to the arts and culture that enrich American society.
7. Other Areas of National Importance: The definition of “national interest” is broad and can encompass various fields. The key is to demonstrate how your work benefits the nation as a whole.

Prong 3: Benefit to the U.S. Outweighs the Job Requirement

This EB2 NIW Prong test requires you to demonstrate that your contribution is so valuable that waiving the job offer and labor certification requirements would benefit the U.S.

Essentially, you must argue that your work is so important that it shouldn’t be delayed or hindered by the traditional employment-based Green Card process.

This often involves:

1. Urgency of the Need: Demonstrating that your work addresses a pressing national need that requires immediate attention.
2. Impact of Your Work: Highlighting the potential impact of your work on the United States, including its scope, scale, and potential benefits.
3. Uniqueness of Your Skills: Emphasizing your unique skills and expertise, making you indispensable to the project or endeavor.
4. Past Success and Future Potential: Showcasing your past accomplishments and demonstrating your potential for future contributions to the national interest.

Important Takeaways

• Meeting all three prongs is essential. Failing to satisfy even one prong will result in denial of your NIW application.
• Evidence is crucial. Provide strong and compelling evidence to support your claims for each prong.
• An experienced immigration attorney can help you navigate the complexities of the Three-Prong Test and build a strong NIW application.

Understanding and successfully addressing the EB2 NIW Three-Prong Test is the cornerstone of a successful EB2 NIW application.

By carefully preparing your documentation and presenting a compelling case, you can significantly increase your chances of obtaining a Green Card through this valuable EB2 NIW Three-Prong Test pathway.