Recent observations indicate a significant shift in the adjudication of National Interest Waiver (NIW) applications, particularly regarding Prong III of the Matter of Dhanasar standard. Practitioners have noted that adjudicators are increasingly questioning the necessity of waiving the job offer requirement, suggesting that applicants should pursue the standard PERM process instead. This trend has been particularly evident in Requests for Evidence (RFEs) from the Texas Service Center (TSC) and Nebraska Service Center (NSC).
Key Details:
- Prong III assesses the national benefit of waiving the job offer requirement against labor market protections.
- Adjudicators are accepting Prong I and II but challenging the rationale for Prong III.
- Effective evidence for Prong III includes:
- Demonstrating that the petitioner’s work cannot be advanced through the PERM process.
- Showing that waiting for labor certification would delay a time-sensitive project.
- Providing third-party corroboration of the individual’s qualifications for the waiver.
- Common mistakes include treating Prong III as a conclusion rather than building a strong argument to support it.
These changes in adjudicator behavior could impact many applicants seeking waivers under the NIW category, emphasizing the need for well-structured arguments in their petitions. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: Khushboo Jain