EB-2 NIW (National Interest Waiver)

Balancing Test in a National Interest Waiver (EB-2 NIW)

eb2-niw

The "balancing test," a crucial component of the third prong of the Dhanasar standard, is one of the most intricate aspects of the EB-2 NIW application. Adjudicating officers must consider the benefits and drawbacks of waiving the petitioner's labor certification before approving a case. The test determines whether the advantages of the petitioner working in the United States outweigh any possible disadvantages, especially regarding the effect on American workers.

Proving that your work in your profession can create jobs for American workers is one way to pass this test. Demonstrating that your work in a field of national significance contributes to creating jobs for American workers allows you to establish that you are fortifying an area of national concern and aiding American workers.

To demonstrate the significance and impact of your work nationally, back up your assertions with concrete, unbiased evidence. If the beneficiary's proposed endeavor is to work for an employer, emphasize the project's or field of work's greater benefits, which go beyond the employer and its clients. If the beneficiary proposes to work as a consultant or an entrepreneur, the endeavor's description should specify the target demographic (older adults, kids, teachers, health, etc.) in plain terms. Financial support evidence, such as grants or contracts, can bolster your argument by proving the viability and longevity of your project. Strong endorsements, such as letters or testimonials from independent professional experts, might strengthen your case during the balancing test.

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