What’s the Three-Prong Test?

This new framework looks at the bigger picture of your value to the U.S. and uses what's called a three-prong test. It lays out the three requirements you need to meet:

1. Your endeavor has substantial merit and national importance.

2. You’re well-positioned to advance the endeavor.

3. On balance, it would benefit the U.S. to waive the job offer.
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Don’t want to jump through the hoops of finding an employer and dealing with the labor certification process that can drag on for ages? Or maybe you’re an entrepreneur or otherwise self-employed? Then read on to see if you can meet these requirements and can get your EB-2 visa faster by qualifying for a National Interest Waiver.

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1st Prong: Your Endeavor has Substantial Merit and National Importance

Let’s break down what these fancy-sounding legal terms actually mean in the real world. 
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What’s an endeavor?

When describing your endeavor, you need to explain what you’re aiming to achieve in the U.S. and the specific efforts you’ll take to reach that goal. You can’t just give a general description of your field. Instead, focus on your specific niche or project, and what professional goals you’ll pursue. Be precise and detailed in your description. 
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What is substantial merit and national importance?

Both substantial merit and national importance are two sides of the same coin. If your endeavor has national importance, chances are that it has substantial merit, too. You can show national importance by demonstrating that your work has the potential to make a big, positive impact. According to Matter of Dhanasar, this could include things like improved manufacturing processes or medical advances of national or even global importance. But this doesn’t mean you have to prove that your work will affect the entire country or world. If you’re starting a business that brings jobs to an area with high unemployment, that could count as having national importance.
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The current framework has expanded the areas where you can show your value or merit. The USCIS policy manual specifically mentions science, technology, culture, education, health, business, and entrepreneurship, but this list isn’t exhaustive. This means your field might qualify even if it’s not listed.
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Showing that your work benefits the U.S. economically is really helpful, but not necessary. For example, researchers or educators can’t always measure the impact of their work in dollars, and that’s okay.

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2nd Prong: You’re Well-Positioned to Advance the Endeavor

The second prong is all about you and your qualifications. The factors they’ll look at to decide if you’ve got what it takes include:

• Your education, knowledge, skills, and track record of success.
• A solid plan for your future activities.
• Progress you’ve already made toward achieving your goals.
• Potential users, customers, or investors.

How can I prove that I’m a good fit?

Let’s say you’ve built an app that helps people cut down on kitchen waste, and you’ve already got users leaving 5-star reviews for helping them reduce their environmental impact. That’s great proof that you're ready to make an impactful difference and your services are in demand. If you’re just starting a business, having a well-thought-out business plan is a must. It’s also helpful if you can show that you’ve secured financial backing or American investors.
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For scientists or engineers, a strong citation history on platforms like ResearchGate or Google Scholar can strengthen your case. Intellectual property such as patents, copyrights, or trademarks are important, too.
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In general, you’ll need to collect supporting documents from experts, reputable sources, clients, employers, investors, or organizations that prove you have a history of success and stand a good chance of achieving your plans. The USCIS policy manual has a more detailed list of the evidence you can use. You can also check out our article on Exceptional Ability to figure out which requirements you meet and how you can use them to strengthen your case and show that you’re ‘well-positioned’. 

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3rd Prong: On Balance, It Would Benefit the U.S. to Waive the Job Offer

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If you meet the first two prongs, the third prong is where the officers decide if it makes sense to waive the job offer and labor certification. Here’s what they’ll consider:
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Is labor certification impractical in your case?

If you’re an entrepreneur, you’ll be creating jobs, so the job offer requirement wouldn’t apply to you. If you’re a scientist, you can argue that being tied to a single university could limit your ability to do research that benefits the country. Or, your skills might be so unique that labor certification doesn’t quite cover them.
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Would you benefit the U.S. even if there are U.S. workers who can do your job?

You need to show that your skills are so exceptional and unique that it wouldn't make sense for you to go through the lengthy labor certification process. Basically, the U.S. would be missing out on the incredible value you bring to the table by putting off the time you could start making critical contributions in an important field. The U.S. Bureau of Labor Statistics’ Occupational Outlook Handbook can help you find out which jobs are expected to see strong growth. For example, the outlook for software engineers and other tech jobs looks rosy: these jobs are forecast to grow by 17% in the next 10 years.
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Is the national interest in your work urgent enough? 

We’ve already covered how your work needs to have substantial merit and national importance. This builds on that. Let’s say you’re in a STEM field working on a critical technology. You can check out The White House website to see if the President mentioned it in speeches or executive orders. Or you can head over to Congress.gov to find out if they’re working on any bills related to your field. For example, if you’re working on a clean energy project, see if your goals align with the government’s current priorities.