from http://www.gofindlaw.com/Services.aspx?sel=1
On August 7, 1998, the INS issued a decision in a case known as In re New York State Department of Transportation (NYSDOT) in which it clarified the standard for NIW cases. Under the NYSDOT standard, a National Interest Waiver applicant must provide evidence which addresses eligibility under each of the following categories:
The applicant must show that the prospective employment is in an area of "substantial intrinsic merit";
The benefits of the applicant's employment are "national in scope";
The applicant must show that the national interest would be "adversely affected" if a labor certification were required.
On August 7, 1998, the INS issued a decision in a case known as In re New York State Department of Transportation (NYSDOT) in which it clarified the standard for NIW cases. Under the NYSDOT standard, a National Interest Waiver applicant must provide evidence which addresses eligibility under each of the following categories:
The applicant must show that the prospective employment is in an area of "substantial intrinsic merit";
The benefits of the applicant's employment are "national in scope";
The applicant must show that the national interest would be "adversely affected" if a labor certification were required.
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