Definition
The 2016 AAO precedent decision that replaced the prior NIW test and established the current three-prong analytical framework. In practical use, the term should be read in the context of EB-2 NIW and the authority governing the particular filing.
Context
Matter of Dhanasar is best understood as a defined part of a larger immigration framework, not as a stand-alone promise of eligibility. The 2016 AAO precedent decision that replaced the prior NIW test and established the current three-prong analytical framework. The important question is what the term requires or helps prove in the particular petition, application, notice, or status inquiry.
Its meaning comes from the authority and setting in which it appears. A regulation may state a rule, the Policy Manual may explain agency application, and form instructions may specify filing mechanics. Reading those layers together prevents an informal shorthand from replacing the governing text.
Key points
- Identify the precise classification, form, procedural stage, or legal element in which the term is being used.
- Use current official instructions and authority; fees, filing locations, processing information, and agency procedures can change.
- Explain what each cited document proves instead of relying on the term’s label or the volume of exhibits.
- Keep factual claims consistent across forms, letters, exhibits, timelines, and responses.
Practical example
Hypothetical example: A founder reviewing a EB-2 NIW draft notices that “Matter of Dhanasar” is stated as a conclusion. The draft is revised to cite the governing source and explain the supporting documents and their limits. USCIS would still decide the issue from the complete filing.
Common misconception
Matter of Dhanasar is not a separate shortcut around the Dhanasar prongs or the underlying EB-2 requirement.
Go further
Merito is not a law firm and does not offer legal advice or predict approval odds. This is a readiness review to help you and your attorney strengthen your case.