Some attorneys cite the Matter of New York State DOT precedent. Is it still valid?

This is a legitimate question, but also a delicate one, because the validity of a specific precedent within the EB-2 NIW framework is a legal matter that shifts over time. Matter of New York State DOT is, in fact, a precedent that frequently surfaces in this discussion.

The core point is that the way the authority evaluates national interest petitions relies on precedents and guidelines that continue to evolve. Making a categorical statement about whether an older decision remains the primary reference is precisely the kind of assertion that should not be made lightly, as it depends on the current state of the regulations and the analysis of each individual case.

For that reason, the safe path is not to rely on a single citation found in isolation, but rather to confirm what the current understanding actually is:

• Review the current guidelines and criteria from official sources.
• Keep in mind that administrative practice may have changed since any given precedent was published.
• Ground your case strategy in the assessment of an up-to-date professional.

For guidance tailored to your profile and to the present moment, confirm the applicable standards with the USCIS and rely on the advice of an immigration attorney.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.