Did not show the waiver outweighs labor certification

What this objection usually means

The third prong weighs the benefit of the person's contributions against the protection labor certification gives U.S. workers. The petitioner must argue it, not assume it.

What has tended to answer it

Address the Dhanasar factors directly: impracticality of labor certification, benefit even if U.S. workers are available, urgency, and unique skills.

General patterns drawn from past decisions, not legal advice for your case. Ask a licensed immigration attorney how this applies to you.

The rule

“This last prong requires the petitioner to demonstrate that the factors in favor of granting the waiver outweigh those that support the requirement of a job offer and thus a labor certification”

USCIS Policy Manual, Vol. 6, Pt. F, Ch. 5(D)(3) (third prong)

Quoted from the USCIS Policy Manual current as of Sept 23, 2026. Check the online manual before filing.

Where it sank the appeal

Recent dismissed appeals raising this objection

• Dismissed2026-08-21Clinical & health

  However, USCIS found that the Petitioner did not establish that she is wellpositioned to advance the proposed endeavor, or that, on balance, a waiver ofthe job offer requirement would benefit the United States.

  Read decision AUG212026_01B5203
• Dismissed2026-08-17Business & finance

  However, users did not proceed to a final merits determination but rather proceeded to the determination of whether the Petitioner merits a discretionary waiver of the job offer requirement in the national interest. 3 On appeal, the Petitioner contends users erred in finding that the proposed position lacks national importance and that, on balance, waiver of the job offered and labor certification requirements would not benefit the United States.

  Read decision AUG172026_02B5203
• Dismissed2026-07-30Engineering

  Specifically, SCOPS determined that, while the Petitioner had shown the substantial merit of his proposed endeavor and that he is well positioned to advance it, he had not demonstrated its national importance or that, on balance, it would be beneficial to the United States to waive the job offer requirements.

  Read decision JUL302026_01B5203
• Dismissed2026-07-29Business & finance

  Specifically, although SCOPS found substantial merit in the proposed endeavor, they concluded the Petitioner did not establish that his proposed endeavor has national importance, that he is well positioned to advance the proposed endeavor, and that, on balance, waiving the job offer requirement would be beneficial to the United States.

  Read decision JUL292026_02B5203
• Dismissed2026-07-28Energy, environment & agriculture

  USCIS further determined that the Petitioner did not establish that she is well-positioned to advance the proposed endeavor under Dhanasar's second prong, and that, on balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus of a labor certification under Dhanasar 's third prong.

  Read decision JUL282026_03B5203
• Dismissed2026-07-28Clinical & health

  SCOPS concluded, however, that he did not establish the endeavor's national importance, that he is well positioned to advance the endeavor, or that, on balance, it would be beneficial to the United States to grant a waiver of the job offer requirement.

  Read decision JUL282026_04B5203

Where the petitioner still won or got a remand

Sustained or remanded decisions where this issue was discussed: read them to see what answered it

• Remanded2026-08-17Clinical & health

  In denying the petition, Service Center Operations (SCOPS) found that while the Petitioner had established the substantial merit of his proposed endeavor, he had not established that his proposed endeavor has national importance, that he is well positioned to advance it, and that, on balance, waiving the job offer requirement would be beneficial to the United States.

  Read decision AUG172026_01B5203
• Remanded2026-08-11Law & policy

  USCIS then concluded that the Petitioner did not establish that: 1) the proposed endeavor has national importance; 2) she is well positioned to advance this endeavor; and 3) on balance, it would be beneficial to waive the requirements of a job offer, and 1 See Flores v.

  Read decision AUG112026_03B5203
• Remanded2026-07-16Engineering

  Specifically, although SCOPS found substantial merit in the proposed endeavor and that the Petitioner is well positioned to advance it, they concluded the Petitioner did not establish his proposed endeavor's national importance or that, on balance, waiving the job offer requirement would be beneficial to the United States.

  Read decision JUL162026_01B5203
• Remanded2026-05-15Computing, AI & data

  They also found that, while the Petitioner demonstrated that he is well positioned to advance the proposed endeavor, he did not establish that, on balance, waiving the job offer requirement would be beneficial to the United States.

  Read decision MAY152026_01B5203
• Remanded2026-05-14Biomedical & life sciences

  SCOPS determined, however, that the Petitioner did not establish the proposed endeavor's national importance, and that, on balance, it would benefit the United States to waive the job offer requirement.

  Read decision MAY142026_01B5203
• Remanded2026-05-07Business & finance

  However, SCOPS concluded the Petitioner did not establish that her proposed endeavor has national importance, or that, on balance, waiving the job offer requirement would benefit the United States.

  Read decision MAY072026_02B5203