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Cite as Matter of H-N-N-B-, ID# 14524 (AAO Sept. 10, 2015) and Other Changes

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Cite as Matter of H-N-N-B-, ID# 14524 (AAO Sept. 10, 2015) and Other Changes. The sample case in this article is a Sustained EB-2 NIW AAO decision. I replaced the article the day after it was posted. It needed a significant correction.

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Cite as Matter of H-N-N-B-, ID# 14524 (AAO Sept. 10, 2015) and Other Changes

  1. 1. Contact: joseph.whalen774@gmail.com Page 1 of 3 Cite as Matter of H-N-N-B-, ID# 14524 (AAO Sept. 10, 2015) and Other Changes By Joseph P. Whalen (Thursday, September 24, 2015) CORRECTION Yesterday as I perused the USCIS website looking for any new AAO non- precedential decisions, I was pleasantly surprised not only, because I found some but also see another change for the better! The newly posted items beginning with September 2015 cases only, have a really new look as shown in the image below which is found at: SEP102015_01B5203.pdf ( Download and this hyperlink works!) These newly posted decisions contain a header on the next pages identifying it by a name of sorts, like the “title” shown above e.g. Matter of H-N-N-B-. They also are now being numbered bottom-center of page (like a slip opinion they always start with one (1)), and at the end of the decision, we are being told how to cite it. These citations include an ID# which I mistakenly thought referred to an Interim Decision number. Please realize that this was merely my “best guess”, I was wrong. The above example should be cited as: Matter of H-N-N-B-, ID# 14524 (AAO Sept. 10, 2015). It turns out that the ID# is just that, an “identification number”.
  2. 2. Contact: joseph.whalen774@gmail.com Page 2 of 3 I have since learned that the ID# is randomly generated. It is similar to a Westlaw cite awaiting a Federal Reporter citation. Unlike a WL cite in that example, however, these are permanent. Keep your eyes peeled for an official announcement from USCIS- AAO. Regardless, of the new citation format and numbers, I wanted to point out that while I had been somewhat disappointed with a batch of L nonimmigrant AAO decision, I also speculated that something seemed to be brewing at AAO. See that article here.1 In addition to this new development in decision formatting from AAO, I am pleased to point out that the decision shown as an example happens to be worth reading. It is a sustained EB-2 National Interest Waiver (NIW) case decision. While the Director had found that this Assistant Professor of Geography and Geographic Information Science “Researcher” was qualified as a member of the professions holding an advanced degree, the NIW was denied. As the astute reader is well aware, the agency has been under a directive to reevaluate and reinterpret how NIWs are determined for foreign inventors, researchers, and founders of start-up enterprises, as per the Memorandum from the Secretary to USCIS entitled “Policies Supporting U.S. High- Skilled Businesses and Workers”, dated November 20, 2014, which states, in pertinent part: “C. Promoting Research and Development in the United States To enhance opportunities for foreign inventors, researchers, and founders of start-up enterprises wishing to conduct research and development and create jobs in the United States, I hereby direct USCIS to implement two administrative improvements to our employment-based immigration system: First, the "national interest waiver" provided in section 203(b)(2)(B) of the Immigration and Nationality Act (INA) permits certain non-citizens with advanced degrees or exceptional ability to seek green cards without employer sponsorship if their admission is in the national interest. This waiver is underutilized and there is limited guidance with respect to its invocation. I hereby direct USCIS to issue guidance or regulations to clarify the standard by which a national interest waiver can be granted, with the aim of promoting its greater use for the benefit of the U.S economy.” (Footnote omitted.) Memo at pp. 3-4. 2 1 See article at: http://www.slideshare.net/BigJoe5/what-the-l-is-happening-at-aao-with-intracompany-transferees 2 See memo at: http://www.dhs.gov/sites/default/files/publications/14_1120_memo_business_actions_0.pdf
  3. 3. Contact: joseph.whalen774@gmail.com Page 3 of 3 This case involves a “researcher” seeking a National Interest Waiver (NIW). AAO gave him one and explained a little about their evaluation of his worthiness for it. The astute reader is undoubtedly aware of the controlling precedent regarding NIWs since there is only the one to remember. It is Matter of New York State Dep't of Transp. (NYSDOT), 22 I&N Dec. 215, (Act. Assoc. Comm'r 1998). In it, earlier staff members at AAO created a three prong test with provisos. It seems that the vast majority of folks fail to achieve the third and final prong which I have likened to a “hurdle” in prior articles found here3, here4, here5, and have created worksheets found here6 and here7, I hope help. The decision goes into great detail and sums it up thusly: Please read it and decide for yourself. 3 See http://www.slideshare.net/BigJoe5/eb2-entrepreneurs-final-hurdle-to-obtain-niw 4 See http://www.slideshare.net/BigJoe5/eb2niw-and-parole-amicus-brief 5 See http://www.slideshare.net/BigJoe5/a-realistic-look-at-an-eb2-niw-entrepreneur 6 See http://www.slideshare.net/BigJoe5/niw-supplemental-worksheet-medical-research-example-7789896 7 See http://www.slideshare.net/BigJoe5/eb2-niw-entrepreneur-example

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