The Three-Prong Dhanasar Test
Once EB-2 eligibility is established, the petition moves to the NIW evaluation. USCIS reviews these petitions under the standard set by Matter of Dhanasar (2016), which requires the petitioner to satisfy three criteria by a preponderance of the evidence, meaning it is more likely than not that you meet each standard.
USCIS evaluates EB-2 NIW petitions using a three-part test:
Prong 1: Substantial merit and national importance
Your proposed endeavor, the specific work you plan to do in the U.S., must have both substantial merit and national importance. Substantial merit focuses on the value of the work itself. This means your work should have clear importance within your field, such as medicine, engineering, business, science, education, or technology. USCIS looks at whether the work is credible, well-defined, and relevant to the field. The emphasis is on the nature of the work, not how far its impact may reach.
National importance requires that the endeavor have the potential to produce meaningful benefits at a national or broader scale, not just for a single employer or local community. A project that is regional in scope can still meet this standard. The Matter of Dhanasar is clear that USCIS should assess the substance and potential impact of the work itself, not simply its geographic reach. Read our in-depth guide to Prong 1 of the Dhanasar framework.
Prong 2: Well-positioned to advance the endeavor
USCIS evaluates whether you specifically have the education, skills, and record of success to move the proposed work forward. Your career history in Ecuador becomes directly relevant here. Publications, patents, leadership in significant projects, and recognition from peers all carry weight. Letters of recommendation from independent experts, people who know your work through reputation rather than direct employment, tend to be particularly persuasive to adjudicators. Read our in-depth guide to Prong 2 of the Dhanasar framework.
Prong 3: National benefit from waiving the standard requirements
The final prong asks whether the U.S. gains more by waiving the job offer and PERM requirements than by requiring you to go through them. Petitioners typically address this by showing that the nature of their work, the urgency of the problem they’re addressing, or the impracticality of employer-sponsored immigration for their specific endeavor makes the standard labor market test unnecessary or counterproductive to national interests. Read our in-depth guide to Prong 3 of the Dhanasar framework.
Weighing the EB-1A against the EB-2 NIW? Our comparison guide breaks down the key differences.
Common Mistakes That Weaken EB-2 NIW Petitions
Based on our experience, these are some of the most frequent issues that result in a weaker petition or an RFE:
Framing the endeavor too narrowly. Petitions that describe work benefiting a single employer or local community often struggle to satisfy the national importance standard. USCIS needs to understand the broader impact potential of the work, even if it starts at a local scale. Matter of Dhanasar confirmed that regionally focused work can still carry national importance when the substance and potential impact justify it.
Relying too heavily on credentials without a concrete plan. Strong educational credentials matter, but USCIS expects a detailed, specific proposed endeavor with measurable goals. A general statement of intended work is not sufficient.
Underestimating the value of independent letters of recommendation. Letters from supervisors and colleagues have their place, but letters from professionals who know your work through professional reputation rather than direct employment carry more weight with USCIS adjudicators.
Not connecting your expertise to a documented national need. Successful petitions identify a concrete, measurable problem affecting the U.S. and show how your background and approach address it. Describing yourself as an expert in an important field is not, on its own, a national interest argument.
Filing too late. The EB-2 category is subject to annual numerical limits and can develop backlogs. Filing your I-140 petition as early as possible locks in a priority date, which determines when you can proceed to the final stages of the green card process. An earlier priority date can help reduce wait times later in the process.
Visa Availability and Priority Dates
The EB-2 category is subject to annual numerical limits set by the INA. When demand exceeds the available supply, a backlog develops and the category becomes “unavailable,” meaning petitioners with approved I-140 petitions must wait until the Department of State (DOS) Visa Bulletin shows their priority date as eligible to move forward.
Ecuador falls under the “Rest of World” chargeability area. As of May 2026, the EB-2 Rest of World date is current, meaning there is no backlog at this time for Ecuadorian petitioners. However, this can change. Check the Visa Bulletin monthly for up-to-date priority date information.
Filing your I-140 early matters for this reason. It secures your priority date regardless of when the rest of your process unfolds. Your priority date is the date your petition is filed. It determines your place in line for a green card.
How the Application Process Works for Ecuadorian Petitioners
For Ecuadorian professionals living in Ecuador, the process involves two main stages.
Stage 1: Form I-140 with USCIS
The petition begins with filing Form I-140 (the immigrant petition) with USCIS, accompanied by a comprehensive NIW petition package. The package typically includes your educational credentials, evidence supporting EB-2 eligibility, a detailed proposed endeavor statement, and documentation of your professional achievements.
Premium processing is available for the I-140. For an additional filing fee, USCIS commits to issuing a decision or an RFE within 45 business days. For the current premium processing fee, refer to the USCIS fee schedule. Given current processing volumes, many petitioners opt for premium processing to introduce more certainty into the timeline.
Stage 2: Consular Processing in Guayaquil or Adjustment of Status in the U.S.
After the I-140 petition is approved, the next step depends on where the applicant is located. Some applicants will complete their process at a U.S. consulate abroad, while others may finish their case from inside the United States.
Consular Processing in Guayaquil (for Applicants Outside the U.S.)
If the applicant is outside the United States, the case moves to the National Visa Center (NVC). At this stage, the applicant pays the required government fees and submits Form DS-260, the immigrant visa application.
For Ecuadorian nationals, immigrant visa interviews take place at the U.S. Consulate General in Guayaquil. The U.S. Embassy in Quito does not process immigrant visas. It only handles nonimmigrant visas.
The interview process in Guayaquil usually takes two days. On the first day, the applicant submits original civil documents, such as passports, birth certificates, and police records. On the second day, the applicant attends the interview and completes biometrics.
Most Ecuadorian documents are issued in Spanish. For this reason, certified English translations are required for all documents submitted to U.S. immigration authorities. In some cases, additional explanations may be helpful to clarify professional credentials, academic records, or letters of recommendation.
Adjustment of Status (for Applicants in the U.S.)
If the applicant is already in the United States with valid status, they may qualify for Adjustment of Status. This allows them to apply for a green card without leaving the country.
Once a visa number is available, the applicant may file Form I-485 to apply for permanent residence. Many applicants also file Form I-765 for a work permit and Form I-131 for travel permission simultaneously.
To qualify, the applicant must show that they entered the United States lawfully and have maintained valid status. Some exceptions may apply, but these should be reviewed carefully.
In many cases, USCIS may approve the case without an interview. However, the agency can still require one depending on the circumstances.
Because Ecuador falls under the “Rest of World” category and the priority date is currently current, eligible petitioners in the U.S. may be able to file Form I-140 and Form I-485 (the final green card application) at the same time. This can simplify the overall process and reduce the total wait time. Confirm current dates on the Visa Bulletin before filing.
The right path depends on your current immigration status, where you are located, and the visa availability timeline for your priority date. The two routes carry different procedural requirements, cost structures, and timing considerations. An attorney can help you evaluate the options given your situation.
