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Matter of DHANASAR: A Landmark Decision in the World of U.S. Immigration

Introduction In the ever-evolving landscape of U.S. immigration law, few cases have had as significant an impact as the Matter of DHANASAR. Issued by the U.S. Citizenship and Immigration Services (USCIS) Administrative Appeals Office (AAO) in 2016, this precedent decision revolutionized the approach to evaluating National Interest Waiver (NIW) petitions, making it easier for certain…

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A Step-by-Step Guide to Assembling and Filing Form I-140 for EB2 NIW

Introduction: The EB2 National Interest Waiver (NIW) is a popular path for foreign nationals seeking permanent residency in the United States. It allows applicants to bypass the labor certification process and demonstrate their exceptional abilities in fields that are of significant national importance. If you are considering a do-it-yourself approach to filing your Form I-140…

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Crafting a Compelling “Proposed Endeavor” for a Successful NIW Application

Introduction: The National Interest Waiver (NIW) offers a pathway to a U.S. green card for foreign nationals with exceptional abilities, without the need for a job offer or labor certification. While the Dhanasar decision expanded the eligibility criteria, government agencies have become stricter in interpreting “national importance.” One of the critical factors in a successful…

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Navigating the EB-2 NIW Path: What to Do If Your Petition Is Denied

The pursuit of an EB-2 National Interest Waiver (NIW) is an ambitious journey for many foreign nationals seeking to establish themselves in the United States. This visa category, designed for individuals with exceptional skills and abilities, allows them to bypass the cumbersome labor certification process and potentially gain permanent residency. However, the road to obtaining…

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