Jan 13 2017

USCIS Announces New Precedent National Interest Waiver (NIW) Decision – Matter of Dhanasar

USCIS announced a new precedent decision for National Interest Waiver in Matter of Dhanasar. This decision replaces the previous NIW standard in Matter of New York State Department of Transporation from 1998.

The new NIW standard states that USCIS may grant a national interest waiver if the petitioner demonstrates: (1) that the foreign national’s proposed endeavor has both substantial merit and national importance; (2) that he or she is well positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the United States to waive the requirement of a job offer and thus of a labor certification.The new decision is available here.

For evaluation of your NIW case, please contact our office at info@menglawgrp.com.

Updated: 1/13/2017