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Explore visasEB-2 NIWCommon RFE topics

Eligibility criteria

Substantial merit and national importance

Whether your specific endeavor has substantial merit and national importance (Dhanasar prong one).

What USCIS is questioning

  • Whether your specific proposed endeavor has substantial merit and national importance, judged by its potential prospective impact.[1,2]

The legal standard

  • Matter of Dhanasar holds that merit can be shown without immediate or quantifiable economic impact, and that national importance turns on the endeavor's potential prospective impact, not only its geographic scope. Significant potential to employ U.S. workers, especially in an economically depressed area, may qualify.[1,2]
  • The Policy Manual says benefits to a specific employer alone, even one with a national footprint, are not enough. Its examples: classroom teaching without broader implications, work in a shortage occupation, and general claims about an industry's importance generally do not show national importance.[2,3]

How the request usually reads

  • Interpretation An RFE on this issue typically says the record shows the endeavor has merit but not national importance, for example because its benefits are limited to an employer or its clients, and asks for evidence of broader implications.[2,4]

Evidence petitioners often provide

  • Interpretation A detailed description of the endeavor, and evidence of broader impact, such as widespread interest in adopting or licensing a technology, prospective public health benefits, or significant job creation relative to the region. Letters from interested government agencies are not required but can help.[2,3]

Where responses go wrong

  • Citing the importance of your profession or industry in general instead of your own endeavor.[2]
  • Projecting profits for an employer rather than broader public or field-wide impact.[2]

AAO decisions on this issue

  • Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)

    Prong one looks at the specific endeavor's substantial merit and national importance; national importance depends on potential prospective impact, not only geographic scope, and merit does not require immediate economic impact.

This information is for general informational purposes and is not legal advice. It does not create an attorney-client relationship and does not predict the outcome of any individual case.

Sources

  1. 1.Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)USCIS Administrative Appeals Office (published in DOJ EOIR Virtual Law Library) · AAO decision · Published Dec 27, 2016 · Checked Sep 27, 2026
  2. 2.USCIS Policy Manual, Volume 6, Part F, Chapter 5 — Advanced Degree or Exceptional AbilityUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
  3. 3.Employment-Based Immigration: Second Preference EB-2 (includes National Interest Waiver filing tips)USCIS · Agency page · Checked Sep 27, 2026
  4. 4.USCIS Policy Manual, Volume 1, Part E, Chapter 6 - EvidenceUSCIS · USCIS Policy Manual · Checked Sep 27, 2026