The INS' Chief Adjudications Offices from the Four INS Regional Service Centers recently released a memorandum on standards for National Interest Waiver cases. Aside from containing valuable information on these cases (we will try and discuss the memorandum further in our next newsletter), the memo appears to show the agency is using illegal discriminatory standards in these cases. The memorandum was recently sent to the American Immigration Lawyers Association to assist attorneys in preparing cases after an important decision was recently issued in the courts.

The controversial section concerns the preparation of testimonial letters by experts documenting the applicant is benefiting the nation. Such letters are often seen as the most important evidence submitted in an NIW case. The INS was discussing which types of letters would be the most effective and which types would be discounted. The following language was used to describe the standard:

"It should be remembered, however, that testimonial letters from low-level colleagues, former college instructors, co-workers, etc. -- particularly when the affiants of such letters appear to be/have been

aliens themselves, and of the same nationality as the beneficiary -- could raise CAO eyebrows and may be subject to greater scrutiny than those more objective letters from high-level officials of recognized

major organizations."

The language appears to show that INS officers look to the ethnicity of an expert to determine credibility. Presumably, if an expert has a foreign-sounding name, especially if the name sounds to be of the same ethnic group as the applicant, the testimonial letter will not be considered as seriously.

A survey of several immigration lawyers around the country indicates that many feel the INS always used such standards, but most were shocked that they would admit to it in writing.

[Editorial note - The revelation that INS is using such standards should be viewed as quite serious and, in our opinion, merits a serious internal investigation by the agency].