Our firm has been working on a few EB-2 with National Interest Waiver cases since Matter of Dhanasar came out. This case was determined to be friendlier to entrepreneurs, in addition to the traditional professions (physicians, scientists, etc.) and more focused on the future, and it is. However, a review of recent decisions from the Administrative Appeals Office (AAO) shows that denials are increasing.
Previously, I released a blog on Five Ways that international entrepreneurs can start a business and obtain a green card. At that time, I mentioned the EB-2 and the National Interest Waiver, which had rigid standards based on NYSDOT, 22 I&N Dec. 215. Towards the end of 2016, against all the rubble and darkness the end of that year provided, a light emerged for international entrepreneurs planning to start their own businesses. In an earlier blog, I outlined in detail the new proposed rule of Parole for International Entrepreneurs, for which the final rule will be published on January 17, and effective 180 days after that. A lot is happening in the international entrepreneurs section of immigration laws, so stay tuned!