New precedent decision Matter of Dhanasar was released. This decision replaces the previous precedent case NYSDOT and establishes new requirements for National Interest Waiver petitions. In this post, I pull out all details, compare both cases and show what has changed. Potential game changer for entrepreneurs.
3. NIW requirement: National interest
Here I describe what is national interest according to precedent NYSDOT case. How to show a record of specific prior achievements, influence on a field as a whole and substantially greater degree than US worker. What evidence demonstrate these points – letters of recommendation, publications, citations, patents etc.
2. NIW requirement: National in scope
This post explains what is national in scope and how to meet this criteria. See practical examples, NYSDOT case, evidence and supporting documentation. It shows also what is not considered as national in scope.
1. NIW requirement: Substantial intrinsic merit
What is substantial intrinsic merit and how to satisfy this EB2 NIW requirement, practical examples, evidence and supporting documentation. Criteria defined by NYSDOT case and Mississippi Phosphate case.
Precedent NYSDOT case analysis
Detailed analysis of precedent NYSDOT case describing National Interest Waiver requirements: substantial intrinsic merit, national in scope, national interest. What evidence was used and how criteria were (not) satisfied. This case is crucial for building every NIW case!