New National Interest Waiver Test

Immigration law is a field where hardly anything new ever happens. Yet during the last days the Obama Presidency, there was a case that clarified National Interest Waivers (NIWs) Just like bad facts make bad law, good facts make good law. Dr. Dhanasar had 2 Master’s degree and a PhD. He was a Scientist in the field of Rocket Propulsion. Dhanasar replaced the old NYSDOT test.

  1. Under the old NYSDOT test, the research had to have intrinsic merit—-This excluded pure and theoretical sciences. In many cases of pure Math, there are no direct impact. For instance, Einstein’s theory of relativity in itself is just purely a theory, and does not have any immediate consequences. Yet, there are so many uses which is based off of this theory. We could not file NIW under NYSDOT, but can do so under Dhanasar
  2. Local in scope. The other weird thing about NYSDOT was that the impact had to be national and not local. This presented a huge problem for those of us who worked with oil industry geologists. They did research on say, North Texas oil basin. That would lead to discovery of oil in Texas. But although the research did not have direct national consequences, discovery of significant oil reserves would reduce the US dependency of foreign oil, and lead to national economic benefit
    Maybe if Mr. Trump restricts Immigration, the courts will step up and make things easier.

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