In a recent decision by the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS), the AAO set out a new standard to adjudicate National Interest Waiver (NIW) employment based immigrant visa petitions.<\/p>\n
As background, an employment based immigrant visa petition in the advanced degree or exceptional ability category requires an employer to first test the U.S. labor market and obtain certification from the Department of Labor that there were no ready, willing and able U.S. workers found to fill the position offered by an employer before the foreign national beneficiary can be certified for the position. The labor certification requirement can be waived if the waiver is in the national interest. It is how to determine \u201cthe national interest\u201d that is at the core of this decision.<\/p>\n
The Matter of DHANASAR 26 I&N Dec. 884 (AAO 2016) decision adopts a new framework for deciding NIW petitions. To be approved, (more…)<\/span><\/a><\/p>\n","protected":false},"excerpt":{"rendered":" In a recent decision by the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS), the AAO set out a new standard to adjudicate National Interest Waiver (NIW) employment based immigrant visa petitions. As background, an employment…<\/span><\/p>\n