USCIS has issued recent Requests for Evidence (RFEs) that misinterpret the legal standards for National Interest Waivers (NIW), particularly under Prong 3 of the Matter of Dhanasar. An immigration attorney highlighted a case where USCIS argued that an employer’s ability to file a PERM application for other employees undermined the necessity for a national interest waiver for a specific beneficiary. This interpretation suggests that the availability of the PERM process negates the need for an NIW, which is contrary to established legal standards.
Key Details:
- USCIS’s argument implies that if an employer can file a PERM, an NIW is unnecessary.
- Under Prong 3 of Matter of Dhanasar, the focus should be on whether waiving the job offer and labor certification benefits the U.S.
- The NIW process is designed for individuals who provide significant national value, justifying the waiver of standard procedures.
- Concerns have been raised among immigration professionals regarding this interpretation appearing in RFEs.
This misinterpretation could impact many applicants seeking national interest waivers, potentially complicating their immigration process. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: Helen Partlow