Hi

Thank you for your interest. The latest updates to our packets were performed in September 2017. We also have couple of minor updates (example filled forms and changes to NIW) coming up soon (within the next 10 days). Dhanasar case only adds minor changes to our packets. These changes were updated to our How-to-NIW packet. Some more minor changes are also expected to the NIW petition in the upcoming update. If you purchase the packet now, you can check and freely receive the latest updates at a later date.

The 2016 Dhanasar case is specifically applicable to the EB2-NIW petition. This ruling states that once the EB2-NIW statutory eligibility is established, USCIS may grant a NIW if the petitioner demonstrates with ample evidence that

1. The foreign national’s proposed endeavor has both substantial merit and national importance.
2. The foreign national is well positioned to advance the proposed endeavor.
3. On balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.

The first two points of this ruling shifts the focus from area of work to the specific petitioners endeavor at hand resulting in more clarity for adjudication in an NIW case compared to previous NYDOT precedent. They also shift the geographic focus (national in scope) to larger national interest. The final point, as opposed to earlier, does not require showing that the derived national benefit outweighs national benefit of protecting US workers.

Best wishes
GCforPhD