NIW Denials' Appeals May Not be Reviewed by Federal Courts

The U.S. Court of Appeals for the District of Columbia Circuit dismissed four appeals on June 17, 2005 that had been filed in National Interest Waiver (NIW) cases.

The Court believes that the NIW cases belong to the category of cases for which the U.S. Attorney General (AG), or his/her designee, is permitted to use full discretion to decide. Therefore, the Court has no authority to review these decisions. The Court is forbidden by statute to review such cases that are decided under such discretion granted to the AG.

The Court directed that the way of appealing such cases has to be appealing them though the Administrative Appeals Office (AAO). The District of Columbia Circuit does not have any other further method for further appeals than that.

It may be possible to file an NIW appeal in other Circuit Courts since a Circuit Court decision is generally only binding on the geographic area under its jurisdiction. However, it is likely that another Circuit Court may reach a similar conclusion because of its inability to review an NIW decision.

NIW cases that were denied at the AAO can always be re-filed as a new NIW petition as the petitioners could achieve much more during the time of their earlier filings.

(08/04/2005)

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