USCIS has designated Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) as a precedent decision. That decision resinded the earlier precedent decision, Matter of New York State Dept of Transp. (“NYSDOT), 22 I &N Dec.215 and introduced a new three-prong tests for determing eligibility. Under Dhanasar, USCIS may grant a national interest waiver as a matter of discretion if the petitioner demonstrates by a preponderance of the evidence that:
1. The beneficiary’s proposed endeavor has both substantial merit and national importance
2. The beneficiary’s well positioned to advance the proposed endeavor; and,
3. On balance, it would bbe beneficial to the U.S to waive the requirement of a job offer and thus of a labor certification.
If these three requirements are satisfied, USCIS may approve the natioanl interest waiver as a matter of discretion.