National Interest Waiver for Foreign-Born Researchers
Our Wakefield Immigration Lawyer Offers Skilled Advice
Are you thinking about obtaining a National Interest Wavier as a means
of pursuing residency in the U.S.? Our skilled Wakefield immigration lawyer
at DiSisto Law, P.C. is ready to give you experienced advice and guidance
on how to tackle this challenging process.
A National Interest Waiver is approved when it is established that the
national interest of the U.S. would be hurt otherwise.
Proving Your Skills
More than competency must be established by the documents you will submit.
Your past accomplishments need to serve as testaments to your skills.
The goal is for an understanding that you will serve the national interest
of the U.S. better than other candidates who have similar training and
Talk to DiSisto Law, P.C. by
contacting us online to see how to get started with the process.
Criteria & Qualifications
In December 2016, the United States Citizenship & Immigration Services
(USCIS) changed the rules governing the adjudication of EB-2 National
Interest Waiver (NIW) cases. The new set of rules (known as the
Dhanasar framework) make it easier to qualify for a National Interest Waiver (NIW) case.
Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) which vacated
Matter of New York State Dep’t of Transp. [NYSDOT], 22 I&N Dec. 215 (Acting Assoc. Comm’r 1998) on which USCIS
routinely relied when adjudicating NIW petitions.
Matter of Dhanasar indeed provides much needed flexibility and a clearer understanding of
the evidence required in order to qualify for a NIW.
Under the new rules, the USCIS may approve a National Interest Waiver (NIW)
case if the petitioner demonstrates that:
1) The petitioner’s work has both substantial merit & national
2) The petitioner is well positioned to advance the specific field of expertise; and
3) “On balance, it would be beneficial to the United States to waive
the job offer and labor certification requirements.”
If these three elements are satisfied, USCIS may approve the national interest
waiver as a matter of discretion.
The first prong, substantial merit and national importance, focuses on
the specific endeavor that the foreign national proposes to undertake.
The endeavor’s merit may be demonstrated in a range of areas such
as business, entrepreneurialism, science, technology, culture, health,
or education. Evidence that the endeavor has the potential to create a
significant economic impact may be favorable but is not required, as an
endeavor’s merit may be established without immediate or quantifiable
economic impact. For example, endeavors related to research, pure science,
and the furtherance of human knowledge may qualify, whether or not the
potential accomplishments in those fields are likely to translate into
economic benefits for the United States.
The second prong shifts the focus from the proposed endeavor to the foreign
national. To determine whether he or she is well positioned to advance
the proposed endeavor, we consider factors including, but not limited
to: the individual’s education, skills, knowledge and record of
success in related or similar efforts; a model or plan for future activities;
any progress towards achieving the proposed endeavor; and the interest
of potential customers, users, investors, or other relevant entities or
The third prong requires the petitioner to demonstrate that, on balance,
it would be beneficial to the United States to waive the requirements
of a job offer and thus of a labor certification. This new prong, unlike
the third prong of NYSDOT, does not require a showing of harm to the national
interest or a comparison against U.S. workers in the petitioner’s
field. As stated previously, NYSDOT’s third prong was especially
problematic for certain petitioners, such as entrepreneurs and self-employed
individuals. This more flexible test, which can be met in a range of ways
as described above, is meant to apply to a greater variety of individuals.
The NIW applicant will still need to demonstrate the impact of his or her
work (through citations or other evidence that people have used and benefitted
from the work), but overall, it appears that the new
“Dhanasar” framework broadens the availability of the NIW applicant pool.
If you are thinking about trying to gain a National Interest Waiver, talk
to our legal staff today. Schedule a
consultation when you call us at