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.
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!
NYSDOT case is binding precedent for evaluating National Interest Waiver cases. So called three pronged test established these requirements: substantial intrinsic merit, national in scope, national interest.