I noticed that some lawyers use the precedent Matter of New York State DOT; is this still valid?

The topic of immigration, especially regarding the EB-2 NIW visa, involves many details and nuances. Often, certain precedents or administrative decisions are cited to strengthen arguments in cases, and it is natural to question the current validity of cases such as Matter of New York State DOT.

Historically, Matter of New York State DOT was used by some professionals to support arguments in EB-2 NIW petitions. However, it is important to know that the interpretation of immigration regulations and the criteria applied by USCIS evolve over time. In other words, although this decision was relevant during a certain period, it is no longer considered the main reference or normative basis for analyzing petitions in this category.

Immigration authorities currently rely on more recent guidelines and precedents that reflect changes in understanding of legislation and administrative practice. It is essential to remember that United States immigration law is dynamic, and its application depends on several specific factors of each case. Therefore, relying on outdated references without analyzing the context and evolution of the rules may lead to inappropriate interpretations.

Whenever there are doubts, it is recommended to consult official government sources and seek guidance from specialized professionals who closely follow regulatory updates. Finally, I emphasize the importance of complying with all current immigration laws, looking for companies or professionals with a good reputation, and avoiding unfounded promises of guaranteed results. Staying informed and seeking support from up-to-date experts is the best way to proceed in matters as important and complex as immigration processes.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.