Options Beyond the H-1B: Consider the NIW and Its New Adjudicatory Standard


On December 27, 2016, the Administrative Appeals Office (AAO) issued a landmark decision for EB-2 National Interest Waiver (NIW) green card cases, which may make it easier for some to pursue this option.

The AAO decision eliminated the existing NYSDOT standards and replaced them with more realistic standards. USCIS may now grant an NIW if the petitioner demonstrates:

  1. that the foreign national’s proposed endeavor has both substantial merit and national importance;
  2. that he or she is well positioned to advance the proposed endeavor; and
  3. that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.

There is also significant commentary on the nature of acceptable evidence that practitioners can include in NIW cases. As a result, the new standard appears to be more adaptable to modern economic, scientific, artistic, and entrepreneurial realities.

If you believe you may qualify for a EB-2 National Interest Waiver (NIW) green card, your best first step is to reach out to a qualified immigration attorney.

To learn more about how we can help you, please contact us via email at [email protected].