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December 28 - AAO Decision Creates New NIW Standard

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  • December 28 - Three Articles On New AAO NIW Standard

    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

    Focus: The Physician Immigration Book
    ILW.COM is pleased to present The Physician Immigration Book edited by Robert Aronson.
    Contributors: Articles by Ana Acosta, Mary Amundson, Robert Aronson, Lisa Atkins, Therese Bart, Janice Bianco, Ingrid Brey, Brian Bruner, Elise Bruner, Jacqueline Bucar, Lisa Claypool, Kristi Crawford, Karen Dean, Alex Dgebuadze, Robert Divine, Goldie Domingue, Maria Fritzinger Elias, Eleanor Fitzpatrick, Roberta Freedman, Kristen Harris, Wendy Hess, Dayna Kelly, Khorzad Mehta, Jennifer Minear, Bruce Morrison, George Newman, Elizabeth Neuwirth, Karen Pollins, Ana Pottratz Acosta, Jennell Prentice, Elizabeth Quinn, Michelle Scimecca, Suzanne Seltzer, Carl Shusterman, Greg Siskind, Rita Sostrin, Tim Skinner, Sarah Peterson Strensrud, Margaret Stock, Hamel Vyas, Tracy Wallowicz, David Ware, Nathan Waxman, Andrew Wizner and Robert Whitehill

    The Book Contents: Introduction; The Physician Workforce And Healthcare Realities; The J-1 Exchange Visitor Program: Views From The Inside And The Outside; Starting The Immigration Process: The Art Of The Client Intake Process; J-1 Waiver Strategy And Practice For Physicians; H-1B Temporary Worker Considerations And Strategy For Physicians; Assessing All Possibilities: Other Nonimmigrant Visa Options For Physicians; Long Term Options: Permanent Residence And Naturalization; Compliance Considerations; Designing A Better Mousetrap: Some Thoughts On Legislative Reform

    For more info on The Physician Immigration Book and to order:
    Online: Click Here
    By Fax: Click Here

    Headline: Houses of Worship Poised to Serve as Trump-Era Immigrant Sanctuaries Click here
    Headline: What a Pew poll says about our views on undocumented immigrants Click here
    Headline: A lot depends on Trump's definition of 'criminal' and 'immigrant' Click here
    Headline: Immigration Is the Only Hope for States That Helped Trump Click here
    Headline: Ellis Island: Facts about the immigration center and beyond Click here

    Help Wanted: Immigration Attorney
    White Plains, NY - Busy immigration firm seeking experienced Spanish-speaking immigration associate attorney for our office in White Plains. Seeking organized, detail-oriented immigration attorney to work in our office. Position involves appearances in New York City Immigration Court for Master Calendar Hearings, Adjustment Interviews, Naturalization Interviews and Individual Hearings. Our office also handles Corporate Immigration Law and family-based matters. Immediate Hire. Benefits. Must be able to hit the ground running and be a self-starter. Send Resume: Susan@sbhenner.com

    Foreign Credential Evaluations
    Why do the largest law firms, corporations, universities in the U.S. choose AETS for their foreign credential evaluations? As the nation's leader in foreign credential evaluations and translations, American Evaluation & Translation Service, Inc. (AETS) provides the most competitive rates in the industry - $75 educational evaluations using Aacrao EDGE, as well as $300 "expert opinion" work experience and position evaluations completed by PhD university professors who have the authority to grant college level credit for work experience and/or training. AETS offers a variety of turn-around times, including same-day service for educational, work experience, and position evaluations. For a list of rates and times, see here: http://www.aetsinternational.com/AETS.Credential.Evaluation.Application.2013.pdf AETS also provides certified translations in 100+ languages, with translators that are specialists in 80+ fields. Please contact AETS anytime at (786)276-8190, visit http://www.aetsinternational.com email info@aetsinternational.com. New customers to AETS will receive a 25% discount on their first Educational Evaluation request - just mention Promotion Code: AETS.ILW.25 to avail of this discount.

    Letters of the Week: Roger Algase, Julian Ortuondo

    ComingsNGoings: Immigration Reading
    The Politics of Migration: A Survey By Barbara Marshall. Routledge, 320 pages ISBN: 1857437551, $59.95 https://www.amazon.com/Politics-Migr.../dp/1857437551


    An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Copyright 1995-2016 American Immigration LLC, ILW.COM. Send correspondence and articles to editor@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM.
    Publisher: Sam Udani ISSN: 1930-062X
    Advisory Board: Jason Dzubow, Rami Fakhoury, Matthew Kolken, Chris Musillo, Lory Rosenberg, Greg Siskind, Joel Stewart, Margaret Wong
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