When PERM Availability Becomes an NIW RFE Argument

A Reddit discussion highlights a growing concern about how USCIS may be interpreting Prong 3 of the Matter of Dhanasar standard.

A recent discussion in the EB2_NIW community on Reddit highlighted an interesting issue involving Requests for Evidence (RFEs) issued under Prong 3 of the National Interest Waiver standard. In the post, the author described an RFE where USCIS argued that because the employer had previously obtained labor certifications for other employees, the employer …