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| Copyright © Liu&Associates,PLLC. All rights reserved. |
National Interest Waiver Cases Appealed to AAO
In recent years, Liu & Associates have had hundreds of National Interest
Waiver (NIW) cases approved by USCIS. The majority of cases were approved
directly; a small percentage of cases were approved after USCIS requested for
additional evidence and the USCIS request was properly responded to. But
occasionally a small number of cases were denied by USCIS for apparently
illegitimate reasons.
When a National Interest Waiver petition was erroneously denied by USCIS,
the petitioner/beneficiary can appeal the denial to the Administrative Appeals
Office (AAO) within 30 days of the denial date. The legal standards for a
National Interest Waiver as set out in Matter of New York State Dept. of
Transportation are: (1) that the alien seeks employment in an area of
substantial intrinsic merit; (2) that the proposed benefit will be national in
scope; and (3) that the national interest would be adversely affected if a labor
certification were required. Under the current procedure, USCIS will first treat
the appeal as a motion to re-open and re-consider. In stead of forwarding the
appeal to AAO, USCIS may re-open the denied case and approve it. If USCIS
refuses to re-open the case, it will forward the appeal to AAO, and AAO will
make a decision to sustain or to dismiss the appeal. If the appeal is sustained,
the case will be approved.
In recent years, we have been successful in representing NIW clients before
AAO. Upon appeal, some erroneously denied NIW cases we filed were re-opened and
approved by USCIS. A few appeals that were forwarded to AAO by USCIS were
sustained and the cases were approved by AAO. Here are two recent AAO decisions
that sustained our NIW appeals.
AAO Decision (PDF) that addressed the legal significance of citations.
AAO Decision (PDF) that addressed the legal issue of co-authorship in
scientific publications.
In recent years, Liu & Associates have had hundreds of National Interest
Waiver (NIW) cases approved by USCIS. The majority of cases were approved
directly; a small percentage of cases were approved after USCIS requested for
additional evidence and the USCIS request was properly responded to. But
occasionally a small number of cases were denied by USCIS for apparently
illegitimate reasons.
When a National Interest Waiver petition was erroneously denied by USCIS,
the petitioner/beneficiary can appeal the denial to the Administrative Appeals
Office (AAO) within 30 days of the denial date. The legal standards for a
National Interest Waiver as set out in Matter of New York State Dept. of
Transportation are: (1) that the alien seeks employment in an area of
substantial intrinsic merit; (2) that the proposed benefit will be national in
scope; and (3) that the national interest would be adversely affected if a labor
certification were required. Under the current procedure, USCIS will first treat
the appeal as a motion to re-open and re-consider. In stead of forwarding the
appeal to AAO, USCIS may re-open the denied case and approve it. If USCIS
refuses to re-open the case, it will forward the appeal to AAO, and AAO will
make a decision to sustain or to dismiss the appeal. If the appeal is sustained,
the case will be approved.
In recent years, we have been successful in representing NIW clients before
AAO. Upon appeal, some erroneously denied NIW cases we filed were re-opened and
approved by USCIS. A few appeals that were forwarded to AAO by USCIS were
sustained and the cases were approved by AAO. Here are two recent AAO decisions
that sustained our NIW appeals.
AAO Decision (PDF) that addressed the legal significance of citations.
AAO Decision (PDF) that addressed the legal issue of co-authorship in
scientific publications.