Immigration Law

Recent Posts

Peter Rees Creates NIW Appeals Website
Posted on 26 Jan 2022 by Daniel M. Kowalski

NIW Appeals "Welcome to Here you will find an overview of non-precedent decisions published by the Administrative Appeals Office (AAO) in which they apply the Matter of Dhanasar framework to National Interest Waiver (NIW) appeals... Read More

USCIS Updates Guidance on National Interest Waivers
Posted on 22 Jan 2022 by Daniel M. Kowalski

USCIS, Jan. 22, 2022 "U.S. Citizenship and Immigration Services today announced updated guidance on adjudicating requests for “National Interest Waivers” regarding job offer and labor certification requirements for certain advanced... Read More

Cyrus Mehta: Federal Courts May Not Have the Last Word in Reviewing Denial of NIW
Posted on 10 Sep 2019 by Daniel M. Kowalski

Cyrus Mehta, Sept. 9, 2019 "Filing lawsuits in federal court to challenge erroneous denials of visa petitions by USCIS have become more frequent. There is more of a shot at a reversal when a federal judge reviews a denial of the USICS. Under the... Read More

Matter of Dhanasar: The New National Interest Waiver Standard - Cora-Ann Pestaina
Posted on 11 Jan 2017 by Daniel M. Kowalski

Cora-Ann Pestaina, Jan. 10, 2017 - "Overturning nearly two decades of precedent on how an individual qualifies for the National Interest Waiver (NIW), the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS... Read More

AAO on Physician NIW: Matter of H-V-P-
Posted on 18 Feb 2016 by Daniel M. Kowalski

Matter of H-V-P-, ID# 16270 (AAO Feb. 9, 2016) - "The Petitioner, a physician, seeks an immigrant visa petition as a member of the professions holding an advanced degree as set forth in section 203(b)(2) of the Immigration and Nationality Act (the... Read More

AAO on NIW: Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)
Posted on 28 Dec 2016 by Daniel M. Kowalski

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... Read More

Reviving The National Interest Waiver For International Entrepreneurs - Cyrus Mehta
Posted on 24 Oct 2016 by Daniel M. Kowalski

Cyrus Mehta, Oct. 24, 2016 - "A proposed rule would allow the Department of Homeland Security (DHS) to use its existing discretionary statutory parole authority for entrepreneurs of startup entities whose stay in the United States would provide a... Read More

AAO on National Interest Waiver: Matter of H-N-N-B- (Non-Precedent)
Posted on 24 Sep 2015 by Daniel M. Kowalski

"The Petitioner, an individual, seeks classification as a member of the professions holding an advanced degree. See Immigration and Nationality Act (the Act) § 203(b )(2), 8 U.S.C. § 1153(b )(2). The Director, Texas Service Center, denied... Read More

AAO National Interest Waiver Victory: Nanotechnology
Posted on 29 Nov 2011 by Daniel M. Kowalski

Memphis attorney Richard Averwater scored this recent AAO NIW victory for his nanotechnology client. Matter of X-, Nov. 21, 2011 . Read More