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Immigration Law

AAO on NIW: Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)

Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) - 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 job offer and labor certification requirements. Matter of New York State Dep’t of Transp., 22 I&N Dec. 215 (Acting Assoc. Comm’r 1998), vacated.

[Hats off to Gerry Chapman!]