Jan 3

AAO Revises National Interest Waiver Standard

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On December 27, 2016, the Administrative Appeals Office (AAO) issued a precedent decision vacating Matter of New York State Dep’t of Transp. (NYSDOT) and revising the analytical framework for assessing eligibility for national interest waivers under INA §203(b)(2)(B)(i). Under the new framework, 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 requirement of a job offer and thus of a labor certification.