Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)
Dec 27, 2016OUTCOME: USCIS denial reversed; new precedential standard for NIW cases established in Dhanasar
Mr. Chapman was counsel for Dr. Dhanasar in this precedent National Interest Waiver, EB-2, green card case. In reversing USCIS (which had denied Dr. Dhanasar's I-140 Petition and his NIW Application) ... , the AAO established a completely new standard for analyzing NIW cases. The AAO decision vacated the prior precedent decision of Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Acting Assoc. Comm'r 1998) which had stood for some 18 years, but had been roundly criticized by practitioners and their counsel. The criticism emphasized that the standard established in NYSDOT was vague, too connected to pure geographical terms, and largely unpredictable. The new Dhanasar standard focuses on the applicant's professional or business endeavor, the applicant's accomplishments, and the potential benefit to the US if the normal PERM/Labor Certification requirement is waived. Subsequent AAO decisions reflect a more predictable result and more easily identifiable accomplishments that will support an approval of an NIW Application.
