Petitioner has to prove three prong:
(1) FIRST PRONG – Showing Substantial Merit and National Importance
If you have any merits in the fields including, but not limited to
– business, entrepreneurialism, science, technology, health, culture or education.
(2) SECOND PRONG – whether the foreign national is well positioned to advance the proposed endeavor
You have to show such as
- the individual’s education, skills, knowledge, record of success in similar areas;
- a plan for the future;
- progress made in achieving the proposed endeavor;
– the interest of other related parties, such as users, customers, or investors
(3) THIRD PRONG – On balance it benefits the U.S. to waive the requirements of a job offer and labor certification.