Dissecting Dhanasar: Inside the Case Governing National Interest Waivers EB-2 (NIW) Visa Classification
In 2016, the Administrative Appeals Office (AAO) of U.S. Citizenship and Immigration Services (USCIS) decided Matter of Dhanasar 26 I&N Dec. 884 (AAO 2016), which clarified and revised the standard for obtaining a national interest waiver (NIW) of the PERM labor certification job offer requirement under the EB-2 immigrant visa classification. The AAO’s decision vacated […]
Adjustment of Status
What constitutes unlawful presence? Unlawful presence refers to entering the U.S. illegally or remaining in the United States beyond an authorized period of stay. Unlawful presence is not the same as being out of status, which refers to losing the valid status through which the foreign national initially entered the United States. At what point […]
