USCIS Policy Manual Volume 6 & Dhanasar Compliant
USA EB-1A & EB-2 NIW Self-Petition Strategy Guide
Authoritative handbook on securing US Green Cards without an employer — Matter of Dhanasar 3 prongs, EB-1A extraordinary criteria, Form I-140 preparation, and premium processing rules.
Self-Petition Profile Self-Assessment Tool
Evaluate your profile strength for self-petitioning under EB-1A or EB-2 NIW without employer labor certification.
Total academic/industry citations
Eligible for EB-2 National Interest Waiver (NIW)
You satisfy the 3 Matter of Dhanasar prongs: 1) Proposed endeavor has substantial merit & national importance, 2) Well-positioned to advance endeavor, and 3) Beneficial to waive job offer/PERM requirement.
Recommended Action: Form I-140 self-petition can be filed with Premium Processing (45-business day adjudication).
Matter of Dhanasar 3 Prongs Breakdown
| Prong | Legal Requirement | Key Evidence Examples |
|---|---|---|
| Prong 1 | Proposed endeavor has substantial merit and national importance | Whitepapers, government initiatives (AI/STEM), grant funding, commercial impact. |
| Prong 2 | Applicant is well-positioned to advance the endeavor | Citations, patents, leadership roles, expert recommendation letters, past achievements. |
| Prong 3 | On balance, waiving PERM job offer requirement benefits the US | National urgency of work, specialized skill set, non-competitive startup creation. |
Frequently Asked Questions
Yes. Both EB-1A (Extraordinary Ability) and EB-2 NIW (National Interest Waiver) allow qualified individuals to self-petition by filing Form I-140 directly with USCIS without requiring an employer sponsor or labor certification (PERM).
Under the precedent decision Matter of Dhanasar (2016), USCIS grants an NIW if: 1) The foreign national’s proposed endeavor has both substantial merit and national importance; 2) The foreign national is well positioned to advance the proposed endeavor; and 3) On balance, it would be beneficial to the US to waive the requirements of a job offer and labor certification.