On December 27, 2016, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Service (USCIS) issued a precedent decision in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), setting forth a new framework in connection with determinations of eligibility for waivers of the labor certification requirement in employment-based sponsorship available in the employment based second (EB-2) category, commonly referred to as a national interest waiver immigrant visa petitions (NIW). This new standard described by the AAO is set to benefit significantly a great variety of U.S. employers, including start-ups and entrepreneurial ventures.
Generally, the process of the employment-based permanent residence sponsorship is lengthy and requires multiple steps, including the testing of the labor market through a labor certification application and a prospective job offer from a U.S. employer. The NIW petition process allows the petitioner to waive these, and other related requirements, by making a showing that doing so is in the national interest.
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