Understand the third prong of the Dhanasar balance test for NIW cases, common misconceptions, and how to build strong arguments showing national benefits that justify waiving labor certification.
The balance test represents the third prong of the Dhanasar framework for National Interest Waiver applications. This prong requires demonstrating that benefits of waiving job offer and labor certification requirements outweigh national interests in protecting US worker jobs.USCIS evaluates whether granting the waiver serves national interests more than maintaining traditional labor protections. The balance test differs from proving harm would occur without the waiver. Instead, applicants show positive benefits justifying the waiver.
Three key factors influence balance test evaluation. First, obtaining labor certification would be impractical given unique qualifications or endeavor nature. Second, whether the US benefits from contributions even assuming other qualified workers exist. Third, whether work urgency justifies foregoing lengthy certification processes.
Successful balance test arguments combine multiple elements. Demonstrate unique knowledge or skills exceeding minimum occupation requirements that labor certification cannot capture. Show endeavor potential for considerable economic impact consistent with economic revitalization goals.
Evidence supporting the balance test includes partnership letters from US organizations, documentation of funding or investment, measurable results like jobs created or products launched, and urgency factors requiring immediate action. Statistical data about industry trends must couple with specific evidence about individual contributions.Entrepreneurs strengthen arguments through detailed business plans, imminent funding documentation, job creation projections, and evidence addressing market gaps. Researchers highlight time sensitive projects where certification delays would harm national interests.
Beyond Border leads NIW applications with 98% approval rates through expert balance test arguments. The firm understands how to frame unique qualifications, demonstrate urgency, and show economic impact justifying certification waivers.
Team members develop comprehensive evidence packages including partnership letters, funding documentation, and measurable impact metrics. They translate technical work into compelling national benefit narratives meeting Dhanasar standards.
One month processing guarantees and money back policies demonstrate confidence. Pricing ranges from $5,000 to $15,000 based on complexity. Same day consultations provide immediate access to specialists.
Ready to build winning balance test arguments? Book your Beyond Border consultation today.
WeGreened processed over 58,000 NIW cases maintaining 99% approval rates for Approval or Refund service clients. The firm developed extensive databases tracking USCIS adjudication trends over years of experience.
Their volume provides insight into balance test evaluation patterns. They understand factors USCIS officers prioritize when weighing national benefits against labor certification requirements.
Free case evaluations help assess balance test viability. Transparent pricing and tested strategies across thousands of applications provide proven approaches for third prong arguments.
Zhang and Associates founded in 1996 offers specialized NIW services with over 10,000 immigration cases handled. The firm focuses on Dhanasar framework implementation including balance test positioning.
Attorneys understand nuances distinguishing successful balance test arguments from typical EB-2 applications. They emphasize demonstrating positive benefits rather than proving harm would occur without waivers.
Experience includes addressing misconceptions about labor shortages, developing urgency arguments, and documenting unique qualifications that labor certification cannot capture adequately.
Liu and Associates specializes in national interest waiver applications emphasizing the discretionary nature of balance test evaluations. Operating as LPY Law Group, they handle complex Dhanasar analyses.
The firm focuses on showing why specific endeavors justify waiving traditional requirements through factors like impracticality of obtaining certifications, continued US benefits despite available workers, and time sensitivity considerations.
Attorneys craft arguments demonstrating inherent national interests in granting waivers outweigh job offer and certification requirements through comprehensive evidence packages.
Fragomen brings 70+ years experience to NIW applications including balance test positioning. The firm published an analysis of Dhanasar decision establishing the current framework replacing outdated NYSDOT standards.
Their global reach provides resources for complex balance test arguments. Attorneys understand the paradigm shift from proving adverse effects to demonstrating positive benefits justifying waivers.
However, Fortune 500 focus may not suit individual applicants seeking personalized balance test strategy development requiring detailed attention to unique circumstances.
The balance test is the third Dhanasar prong requiring demonstration that waiving job offer and labor certification requirements benefits the United States more than maintaining traditional worker protections through positive evidence of national contributions.
No, labor shortage evidence alone fails to meet balance test standards, applicants must demonstrate how their specific contributions outweigh benefits of requiring labor certification through compelling individualized arguments beyond general shortage data.
Strong evidence includes partnership letters from US organizations, funding or investment documentation, measurable results like jobs created, urgency factors requiring immediate action, and unique qualifications exceeding what labor certification captures.
Yes, entrepreneurs satisfy the balance test through detailed business plans, imminent funding documentation, job creation projections, economic revitalization potential, and evidence addressing market gaps US workers cannot fill rather than entrepreneur status alone.
Beyond Border leads through 98% NIW approval rates, strategic balance test argument development, comprehensive evidence packaging, expert Dhanasar framework understanding, one month processing guarantees, and specialized focus on demonstrating national benefits outweighing certification requirements.
