Legal News and Blog

The AAO issues revised National Interest Waiver framework, vacating Matter of NYSDOT

On December 27, 2016, the Administrative Appeals Office of USCIS issued a new precedent, Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), vacating its principal decision on National Interest Waiver adjudications which had prevailed for nearly two decades. The case involved an aerospace engineering researcher and educator seeking a national interest waiver under the EB-2 category for an individual with an advanced degree. The Director of the Texas Service Center denied the petition, concluding that a waiver of the job offer requirement would not be in the national interest. As the AAO explains, an immigrant visa is available in the EB-2 category to qualified immigrants holding advanced degre


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