What does “substantial intrinsic merit” mean under NYSDOT?
What it means on paper is that there has to be something inherently beneficial about the work you are doing in the United States. If you are conducting cancer research, “substantial intrinsic merit” is quite obvious. In fact, if you are doing any kind of research, it will generally be deemed to be of “substantial intrinsic merit.” In our opinion, this factor was put into the NYSDOT decision only to reflect Congress’s obvious intent that you must be doing something useful before your national interest waiver case can be approved.
