The NIW Balancing Prong

The final prong asks why the United States benefits from waiving the ordinary job-offer process.

The inquiry

Dhanasar asks whether, on balance, it would benefit the United States to waive the job-offer and labor-certification requirements. This replaced the vacated New York State Department of Transportation test, which required a showing that the national interest would be adversely affected if a labor certification were required.

Relevant considerations

The analysis may consider whether securing a job offer or labor certification would be impractical, whether the United States would benefit from the applicant’s work even if qualified U.S. workers are available, and whether the national interest in the contribution is sufficiently urgent to justify foregoing the ordinary process.

Avoid boilerplate

Self-employment or entrepreneurship may explain why labor certification fits poorly, but neither automatically wins the prong. Relevant considerations may include the endeavor’s structure, timing, independence, broader reach, and the practical effect of requiring a job offer and labor certification.