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.
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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
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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
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Advisory Board: Jason Dzubow, Rami Fakhoury, Matthew Kolken, Chris Musillo, Lory Rosenberg, Greg Siskind, Joel Stewart, Margaret Wong