National Interest Waiver

New Expanded Standards for Permanent Residence Under National Interest Waivers

Until now, Matter of New York State Dep't of Transportation (22 I&N Dec. 215) ("NYDOT") set the standard for determining "National Interest Waiver" cases in the Employment-Based Second Preference category.  With the precedent setting new case Matter of DHANASAR (26 I&N Dec 884), decided on December 27, 2016 by the AAU, an expanded standard of proof has been established.