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RFE-NIW I-140 (Matter of Dhanasar)

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  • RFE-NIW I-140 (Matter of Dhanasar)

    Can anyone guide me how to write a response to Dhanasar RFE . I received RFE and USCIS asked the petitioner mush establish that:

    • The beneficiary qualifies for the requested classification and

    • The exemption for the requirement of job offer , and thus of labor certification , is in the national interest of the United States.

    The evidence doesn’t establish that beneficiary qualifies for the required classification and an exemption form the requirement of job offer. Therefore, USCIS request additional evidence .

    USCIS has designated the “Matter of Dhanasar” 26 I&N Dec.884 (AAO 2016) as a precedent decision. USCIS may grant a national interest waiver as a matter of discretion if the practitioner demonstrate by a preponderance of the evidence that

    • The foreign national's proposed endeavor has both substantial merit and national importance
    • The foreign national is well positioned to advance the proposed endeavor
    • On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements

    Can anyone please help me in fighting this type of RFE.