INS ISSUES NEW GUIDANCE ON POST-NYSDOT NATIONAL

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INS ISSUES NEW GUIDANCE ON POST-NYSDOT NATIONAL
Last summer, the Board of Immigration Appeals issued a decision in the case New York State Department of Transportation. The case makes it much more difficult to succeed with a National Interest case and the number of approvals has dropped precipitously since the case was released. 
One point of concern has been whether the INS would re-adjudicate applications approved before NYSDOT. Fortunately, this will not happen. The INS has issued a guidance memorandum for its field offices directing them to honor previous approvals as long as the applicant continues to seek employment or are employed in the professional activity which provided the basis for the approval. Applicants will not now have to prove that they would be eligible under the new standards.

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