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I've seen a few variants of this question, but not answered in a helpful way:

What is, in your experience, the minimum that gets you a decent shot at a NIW/O1? You previously mentioned that published papers are helpful but not mandatory, but for PhD students/graduates, if publications are not the determining factor, what is?

Looking through the Dhanasar's three prongs, it does seem like papers are the easiest and most consistent way of fulfilling the second prong (that "The Person is Well Positioned to Advance the Proposed Endeavor").

The third prong is the most mysterious to me (that "On balance, it would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirements"), how do people typically meet the requirements for this prong?



The third prong is vague and the attack depends on whether the applicant is a founder or an employee and whether the applicant's endeavor is technical or not. Almost always there's a basis for those with PhDs to qualify for an NIW.


NAL, but I believe that phrase is intentionally unclear to ensure people cannot easily game the system and immigration authorities have maximum leeway to say 'nope'.




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