Jul 6, 2023 | Blog

The Matter of Dhanasar is a pivotal ruling by the U.S. Citizenship and Immigration Services (USCIS) that has significantly improved the transparency of the National Interest Waiver (NIW) process for foreign nationals seeking green cards. This groundbreaking decision replaced the previous standard established by the Matter of New York State Department of Transportation (NYSDOT), bringing about essential changes to the evaluation process.

As a result of this ruling, USCIS officers can now adopt a more flexible and comprehensive approach when assessing NIW applications, taking into account a wider range of factors to determine if an applicant’s work truly serves the United States’ national interest. This allows for a more tailored evaluation process that better accommodates individual circumstances.

The Matter of Dhanasar ruling operates under three key criteria, which USCIS officers will examine:

  1. Whether the foreign national’s proposed endeavour holds significant merit and possesses national importance.
  2. If the foreign national possesses the necessary skills and expertise to successfully advance their proposed endeavour.
  3. Whether waiving job offer and labour certification requirements would ultimately benefit the United States, taking into account the applicant’s unique qualifications and their potential for positive impact.

This updated ruling offers foreign nationals increased flexibility in demonstrating their eligibility for the NIW, enabling USCIS officers to delve deeper into the nuances of each application. Moreover, it serves as a useful guide for immigration attorneys and their clients, clarifying which factors will be considered during the USCIS review of NIW applications.

In conclusion, the Matter of Dhanasar decision represents a significant milestone for foreign nationals seeking a NIW as part of their green card application process. By creating a more transparent and accessible pathway, it ensures that those making meaningful contributions to the United States within their fields of expertise are duly recognized and provided with the opportunity to further their careers and benefit the nation.