USCIS has established a new standard for adjudicating national interest waiver petitions by naming the Administration Appeals Office’s (AAO) Dec.27, 2016 decision, Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), a precedent decision. This decision vacates Matter of New York State Dep’t of Transp., 22 I&N Dec. 215 (Acting Assoc. Comm’r 1998), which established the previous analysis framework.

A national interest waiver may be available to immigrants eligible for an employment-based, second preference (EB-2) visa under section 203(b)(2)(B)(i) of the Immigration and Nationality Act (INA). The INA allows the Secretary of Homeland Security to discretionarily waive the requirement of a job offer and of a labor certification, which would otherwise be required to get the visa. To be eligible for the waiver, the foreign national beneficiary must first demonstrate that he or she qualifies as a member of the profession, holding an advanced degree or as an individual of exceptional ability. The beneficiary must then establish that it would be in the national interest to waive the job offer requirement.Continue Reading New Framework for Adjudicating National Interest Waivers