Comment: AAO Decision Creates New NIW Standard

In a precendent setting decision in The Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), AAO has set forth a new standard for EB-2 National Interest Waivers. The decision criticizes and replaces the NYSDOT standard with a three-part one "that will provide greater clarity, apply more flexibly to circumstances of both petitioning employers and self-petitioning individuals, and better advance the purpose of the broad discretionary waiver provision to benefit the United States."

USCIS may grant a national interest waiver if the petitioner demonstrates by a preponderance of the evidence: (1) that the foreign national's proposed endeavor has both substantial merit and national importance; (2) that the foreign national is well positioned to advance the proposed endeavor; and (3) 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. If these three elements are satisfied, USCIS may approve the national interest waiver as a matter of discretion.
Please read articles on the decision by Charles Kuck, Greg Siskind and Cliff Rosenthal below as well as the decision itself in today's issue of Immigration Daily.

Please let us know your thoughts by writing to us at editor@ilw.com.

Article: 3 Ways National Interest Waivers have Changed Under Dhanasar By Charles Kuck

Article: AAO Vacates NYSDOT Advancing a New Test to Evaluate National Interest Waver Petitions By Cliff Rosenthal

Blogging: Siskind Summary: Matter of Dhanasar - the New NIW Standard By Greg Siskind

News: AAO Decision On NIW In Matter Of Dhanasar, 26 I&N Dec. 884 (AAO 2016)

News: USCIS Publishes Performance Data For All Form Types For FY2016

News: USCIS Publishes Performance Data For EB-5 I-526 Applications For FY2016

News: USCIS Performance Data For DACA Applications For FY2016

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