National Interest Waivers (NIW) and the NYSDOT (an Explanation)
Posted Sep 24, 1999

The Law Office of Sheela Murthy, P.C. (LOSM) has been receiving numerous queries regarding the NIW route to gaining permanent residency in the United States. The queries have often referred to the NYSDOT (New York State Department of Transportation) case.

Put very simply, the NIW route requires the NIW applicant to establish that their work benefits the U.S. in the national interest. The NYSDOT case which was decided in August 1998 made the NIW criteria more stringent. This case has been previously discussed in earlier editions of our LOSM Immigration Law Bulletin, available at our website.

Subsequent to the NYSDOT case, many attorneys and law firms across the U.S. have been hesitant to submit NIW petitions. LOSM is posting the summaries of several recent post NYSDOT cases filed BY LOSM and approved by the INS at our website in the NIW section.

The benefit of an approval in these categories is noteworthy, particularly when the I-485 adjustment of status seems to take several years, is the freedom it affords the applicant, particularly those who have self petitioned, to move to other parts of the U.S. or work for other employers (as long as the applicant intends to continue working in the same field that will continue to benefit the U.S.). These factors make the NIW category very attractive for many of you.

LOSM has various departments which focus their practice on specific issues. The Special Category Green Card (NIW/EB1) Department consists of talented professionals at LOSM who enjoy creative and legal writing for this Department.