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A foreign national epidemiologist petitioned USCIS for an immigrant petition, filing a petition herself, without an employer. She argued that her work is important for the national interest of the U.S. and the USCIS should not require her to have a job offer. USCIS disagreed and the epidemiologist appealed to…
Our law firm often works with foreign national whose work is in the national interest of the United States. The lawyers of Zneimer & Zneimer are tracking decisions under the new NIW framework under Matter of DHANASAR, 26 I. & N. Dec. 884 (AAO 2016). The framework imposes three prongs…
The Chicago law firm of Zneimer & Zneimer is tracking decisions under the new NIW framework and is providing a summary of decisions applying Matter of DHANASAR, 26 I. & N. Dec. 884 (AAO 2016) In a recent appeal from a national interest waiver denial issued by the Nebraska Service…
The Chicago immigration lawyers of Zneimer & Zneimer is following National Interest Waiver decisions under the new AAO network under Matter of DHANASAR, 26 I. & N. Dec. 884 (AAO 2016) and is providing summaries of decisions applying the facts to the new framework. In a recent appellate decision following…
In Matter of C-K-D-, 2017 WL 2224919 (TSC May 2, 2017) a Teacher and Researcher in Autism Spectrum Disorders failed to qualify for a National Interest Waiver as the petitioner did not meet all three prongs of Matter of DHANASAR, 26 I. & N. Dec. 884 (AAO 2016). We described…
We are tracking the development of the national interest waiver law since the seminal decision, Matter of Dhanasar. Introduction Congress has made available a limited number of immigrant visas to skilled and unskilled foreign workers who want to take a job in the U.S. that local workers do not want…
The Administrative Appeals Office (“AAO”) recently scrapped the “national interest waiver” test of In re N.Y. STATE Dep’t OF Transp., 22 I. & N. Dec. 215 (1998) and replaced it with a new one in Matter of DHANASAR, 26 I. & N. Dec. 884 (AAO 2016). The AAO determined that the test USCIS has been following for the last 18 years was too subjective, and promised that the new framework “will provide…
On September 9, 2015, USCIS announced revised procedures for determining when applicants can file for Adjustment of Status. Currently, a person cannot file for adjustment of status until his or her priority date becomes current. Under the revised guidelines, the USCIS will permit employment-based applicants to file for adjustment of…
In the non precedential decision In re Grace Estrellado, the Board of Immigration Appeals states that alien may not utilize the priority date form her original I-140 petition because it was withdrawn by her prior employer and the USCIS revoked it. Background The case involved an alien who had an…