MNAYER AND NYSDOT

MNAYER AND NYSDOT

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2016-05-06 10:59:56, 조회 : 19, 추천 : 0 In Mnayer, the AAU applied the following interpretation a) to the national interest requirement i) for waiver of labor certification: Eligibility a) for exemption from the requirement i) of a job offer ii) based on national interest 1) is limited to those a) whose demonstrated abilities can be reasonably expected i) to have a substantial prospective benefit A) to the national interest B) significantly greater I) than that (a) ordinarily expected of persons (i) in that field of endeavor. The Court a) in Mnayer 1) held that a) the test of eligibility i) for waiver of labor certification was a reasonable and permissible interpretation i) of the phrase, A) “in the national interest.” NYSDOT’s third prong includes a similar if more stringently phrased test a) of eligibility i) for waiver of labor certification. CONCLUSION NYSDOT seems to be clearly nothing more than an opportunity a) for the INS to deny national interest waiver petitions i) subjectively, ii) using boilerplate language, iii) without A) articulation or B) evaluation I) of the evidence. Recent commentary a) from the California Service Center Adjudicating Officers 1) states that a) NYSDOT “helps to define i) what is meant by “national interest” – and – b) it helps to define it i) in favor of the Service!” [Emphasis in the original.]37 This gleeful exclamation a) by Service Center officers 1) implies that a) national interest waiver petitions are viewed i) by the INS ii) in a hostile, adversarial manner, A) i.e., a battle I) pitting the INS against the petitioner and/or beneficiary. glee·ful (glē′fəl) adj. Full of jubilant delight; joyful. glee′ful·ly adv. glee′ful·ness n. gleeful (ˈɡliːfʊl) adj full of glee; merry ˈgleefully adv ˈgleefulness n glee•ful (ˈgli fəl) adj. full of glee; merry; exultant. [1580–90] glee (glē) n. 1. Jubilant delight; joy. 2. Music A part song scored for three or more usually male and unaccompanied voices that was popular in the 1700s. [Middle English gle, entertainment, from Old English glēo; see ghel- in Indo-European roots.] glee (ɡliː) n 1. great merriment or delight, often caused by someone else's misfortune 2. (Music, other) a type of song originating in 18th-century England, sung by three or more unaccompanied voices. Compare madrigal1 [Old English gléo; related to Old Norse glӯ] glee (gli) n. 1. exultant joy. 2. an unaccompanied part song for three or more voices. [before 900; Middle English; Old English glēo; c. Old Norse glȳ; akin to glow] ju·bi·lant (jo͞o′bə-lənt) adj. 1. Exultingly joyful. 2. Expressing joy. [Latin iūbilāns, iūbilant-, present participle of iūbilāre, to raise a shout of joy.] ju′bi·lance n. ju′bi·lant·ly adv. jubilant (ˈdʒuːbɪlənt) adj feeling or expressing great joy [C17: from Latin jūbilāns shouting for joy, from jūbilāre to give a joyful cry, from jūbilum a shout, wild cry] ˈjubilance, ˈjubilancy n As Edward Skerrett, a) head of the AAU, recently predicted a) after the agency had designated NYSDOT i) as precedent, 1) the national interest waiver “will be used a) less than it is now.”38 a) The INS and b) the AAU 1) must be made to realize, however, that a) the admission i) of immigrants and b) the protection i) of American workers are i) neither competing ii) nor mutually exclusive goals. Given that human resources constitute the most precious wealth of the nation, 1) immigration lawyers must fight for the procedures a) that allow the best and the brightest i) to contribute to our country’s vital national interests. Lawyers a) should not give up i) on the national interest waiver route A) to an immigrant visa, b) but should instead devote their energies to i) eliminating the ominous effects A) of NYSDOT, and ii) giving it a proper and early burial A) in the graveyard of broken governmental promises. 37 A copy of the meeting notes are attached as Appendix A [or, are available as an AILA reprint or, are available via AILA Infonet.] 38 The Wall Street Journal, The ‘National Interest’ Causes INS to Wander Down Peculiar Paths, by Barry Newman, August 20, 1998.

http://taxnlaw.co.kr/ In Mnayer, the AAU applied the following interpretation a) to the national interest requirement i) for waiver of labor certification: Eligibility a) for exemption from the requirement i) of a job offer ii) based on national interest 1) is limited to those a) whose demonstrated abilities can be reasonably expected i) to have a substantial prospective benefit A) to the national interest B) significantly greater I) than that (a) ordinarily expected of persons (i) in that field of endeavor. The Court a) in Mnayer 1) held that a) the test of eligibility i) for waiver of labor certification was a reasonable and permissible interpretation i) of the phrase, A) “in the national interest.” NYSDOT’s third prong includes a similar if more stringently phrased test a) of eligibility i) for waiver of labor certification. CONCLUSION NYSDOT seems to be clearly nothing more than an opportunity a) for the INS to deny national interest waiver petitions i) subjectively, ii) using boilerplate language, iii) without A) articulation or B) evaluation I) of the evidence. Recent commentary a) from the California Service Center Adjudicating Officers 1) states that a) NYSDOT “helps to define i) what is meant by “national interest” – and – b) it helps to define it i) in favor of the Service!” [Emphasis in the original.]37 This gleeful exclamation a) by Service Center officers 1) implies that a) national interest waiver petitions are viewed i) by the INS ii) in a hostile, adversarial manner, A) i.e., a battle I) pitting the INS against the petitioner and/or beneficiary. glee·ful (glē′fəl) adj. Full of jubilant delight; joyful. glee′ful·ly adv. glee′ful·ness n. gleeful (ˈɡliːfʊl) adj full of glee; merry ˈgleefully adv ˈgleefulness n glee•ful (ˈgli fəl) adj. full of glee; merry; exultant. [1580–90] glee (glē) n. 1. Jubilant delight; joy. 2. Music A part song scored for three or more usually male and unaccompanied voices that was popular in the 1700s. [Middle English gle, entertainment, from Old English glēo; see ghel- in Indo-European roots.] glee (ɡliː) n 1. great merriment or delight, often caused by someone else's misfortune 2. (Music, other) a type of song originating in 18th-century England, sung by three or more unaccompanied voices. Compare madrigal1 [Old English gléo; related to Old Norse glӯ] glee (gli) n. 1. exultant joy. 2. an unaccompanied part song for three or more voices. [before 900; Middle English; Old English glēo; c. Old Norse glȳ; akin to glow] ju·bi·lant (jo͞o′bə-lənt) adj. 1. Exultingly joyful. 2. Expressing joy. [Latin iūbilāns, iūbilant-, present participle of iūbilāre, to raise a shout of joy.] ju′bi·lance n. ju′bi·lant·ly adv. jubilant (ˈdʒuːbɪlənt) adj feeling or expressing great joy [C17: from Latin jūbilāns shouting for joy, from jūbilāre to give a joyful cry, from jūbilum a shout, wild cry] ˈjubilance, ˈjubilancy n As Edward Skerrett, a) head of the AAU, recently predicted a) after the agency had designated NYSDOT i) as precedent, 1) the national interest waiver “will be used a) less than it is now.”38 a) The INS and b) the AAU 1) must be made to realize, however, that a) the admission i) of immigrants and b) the protection i) of American workers are i) neither competing ii) nor mutually exclusive goals. Given that human resources constitute the most precious wealth of the nation, 1) immigration lawyers must fight for the procedures a) that allow the best and the brightest i) to contribute to our country’s vital national interests. Lawyers a) should not give up i) on the national interest waiver route A) to an immigrant visa, b) but should instead devote their energies to i) eliminating the ominous effects A) of NYSDOT, and ii) giving it a proper and early burial A) in the graveyard of broken governmental promises. 37 A copy of the meeting notes are attached as Appendix A [or, are available as an AILA reprint or, are available via AILA Infonet.] 38 The Wall Street Journal, The ‘National Interest’ Causes INS to Wander Down Peculiar Paths, by Barry Newman, August 20, 1998.