For an in-depth look at these new standards, click here. We’ve preserved this information here because it comprised the basis for the recently decided adjudication standards, and is thus historically important. Keep in mind that the information below no longer applies to NIW procedures. The Dhanasar decision retains these minimum requirements. Instead, specific criteria, enumerated in NYSDOT and then in Dhanasar, must also be met for an NIW petition. Citizenship and Immigration Services (USCIS) decisions, has stated, whether an alien seeks classification as an alien of exceptional ability or as an advanced degree candidate, the alien cannot qualify for an NIW by merely or generally demonstrating a degree of expertise significantly above that ordinarily encountered in his or her field of expertise. However, as the Administrative Appeals Office (AAO), the appellate body that reviews U.S. master's degree.Īlternatively, the applicant may also claim exceptional ability, or a degree of expertise significantly above that ordinarily encountered in the alien’s profession. bachelor’s degree (or foreign equivalent) in addition to at least five years of progressive experience in the alien’s profession is considered to be the equivalent of a U.S. In the absence of an advanced degree, a U.S. degree above the baccalaureate level, or a foreign degree equivalent that is above the U.S. NIW Minimum Requirements: “Advanced Degree” or “Exceptional Abilities”Īt a minimum, an NIW applicant must hold an advanced degree, which may take the form of either an academic or professional U.S. Dhanasar keeps the three-prong format but modifies the prongs for the purposes of clarity.īelow is a rundown of the old NYSDOT requirements for granting an NIW, along with explanations. In short, the NYSDOT ruling established a three-prong test that applicants had to satisfy in order to be granted an NIW. Although the NYSDOT decision is no longer in force, it did serve as the basis for the Dhanasar decision, and so an understanding of NYSDOT may shed light on current NIW guidelines. The Dhanasar decision in December 2016 is the current standard for adjudicating National Interest Waiver (NIW) cases, overturning the previous NYSDOT precedent, which had been in place since 1998.
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