Case Law and Memos | Employment-Based Green Cards | Green Card - US Permanent Residency | National Interest Waiver (NIW)
NIW: Matter of New York State Department of Transportation
The National Interest Waiver (NIW) is a valuable immigration option for highly skilled professionals looking to contribute to the U.S. without going through the labor certification process. One of the most important cases defining NIW eligibility is the Matter of New York State Department of Transportation (NYSDOT). This landmark case established a three-pronged test to determine if an individual’s work benefits the U.S. enough to bypass traditional sponsorship requirements. Understanding this case can help applicants build a strong NIW petition and expedite their green card process.