EB-2 Entrepreneur’s FINAL Hurdle for a National Interest WaiverThe following is a paraphrase of a sentence that appears in...
can qualify for EB-1 EA then seeking an EB-2 NIW is moot. Make sure you applyfor the correct classification in the first p...
AND                  Exemption from job offer. The                                   They will substantially            di...
(ii) Documentation of the           (C) A license to practice the     By seeking an extra benefit,aliens membership in    ...
(viii) Evidence that the alien     Recognized authority means a      With regard to thehas performed in a leading or      ...
whether they support the           dissection and distillation of                             aliens eligibility. See id. ...
capital through the most mundane of projects and then can bail out of thatbusiness and the business world altogether after...
content of those letters as to whether they support the aliens eligibility. See         id. at 795. USCIS may even give le...
USCIS is not obligated to painstakingly vet the funds as it is within the EB-5context. USCIS can literally “pass the buck”...
The Parameters To Be Used To Show Benefits In The National InterestEconomy -                                            Cu...
Non-Physician or “Standard” National Interest Waiver CriteriaMatter of New York State Dept. of Transportation, 22 I&N Dec....
compare extrinsic                   instance, pro bono legal           standard must make a1a : not forming part of or    ...
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EB-2 Entrepreneur's final hurdle to obtain NIW

  1. 1. EB-2 Entrepreneur’s FINAL Hurdle for a National Interest WaiverThe following is a paraphrase of a sentence that appears in the vast majority ofAAO National Interest Waiver (NIW) case decisions. What does it really mean inpractical application? It remains, then, to determine whether the alien beneficiary [or the alien as a self-petitioner] will benefit the national interest to a greater extent than an available U.S. worker with the same minimum qualifications.In order to properly address this last criterion, you first have to understand how toget there. In order to qualify for an EB-2 visa classification, you can be either: 1.) a professional with an advanced degree (or equivalent), or 2.) an alien of exceptional ability in the sciences, arts, or business; and 3.) you will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States. [Collectively: the National Interest.]The first hurdle is to qualify for the underlying visa classification. Only a qualifiedEB-2 can seek the further additional benefit of a NIW. In that the basicclassification already requires a high showing of evidence and worth, the NIWrequires one to leap an even higher hurdle. Determining exactly how much more isrequired is a highly subjective endeavor. This reality makes NIW eligibility agenuine issue of facts and the interpretation of them. This subjective determinationis a point of contention in most, if not all, such petitions.However, this subjectivity is not without some guidance. EB-2 exceptional abilityhas regulatory criteria as a guide. See 8 CFR § 204.5(k)(3)(ii). A similar visaclassification is also useful in serving as a guide. Compare the EB-2 alien ofexceptional ability minimum qualifications to those of the EB-1 alien ofextraordinary ability in the sciences, arts, education, business, or athletics. See 8CFR § 204.5(h). If you can qualify for the EB-1 (EA) the job offer andconcomitant labor certification process is automatically waived by statute. If you 1
  2. 2. can qualify for EB-1 EA then seeking an EB-2 NIW is moot. Make sure you applyfor the correct classification in the first place. Striving towards the EB-1 EAstandard would seem like a safe bet, at first blush. However, the evidentiaryshowing for the EB-1 EA is qualitatively different from the NIW criteria.These two very similar underlying visa classifications are distinct from each otherbut it is difficult to judge that difference. Then there is also the NIW criteria toconsider. This rather complicated reality makes it a difficult task for applicants(alien self-petitioners) or U.S. employer petitioners and USCIS adjudicators. TheNIW requires a showing somewhere in between the EB-2 and EB-1 standards.NIW eligibility requires an evidentiary showing that will be above EB-2 standardsyet may (and likely will) be below EB-1 standards yet will still have to cover atleast one of the four listed National Interest bases: economy, cultural interests,educational interests, or welfare. While these same exact four bases are the thingsthat the EB-2 EA alien must “benefit prospectively” just to qualify for the basicclassification if supported by an approved labor certification, the NIW must haveintrinsic merit and be national in scope, as well as be in the national interest.Let’s start by comparing the legal definitions and criteria, side-by-side. EB-1 EB-2 Non-Physician NIW Extraordinary Ability Exceptional Ability National Interest WaiverINA § 203 (b)(1)(A) and INA § 203 (b)(2)(A) and INA § 203 (b)(2)(B)(i) and8 CFR § 204.5(h)(2) 8 CFR § 204.5(k)(3)(ii) 8 CFR § 204.5(k)(4)(ii)Extraordinary ability means a Exceptional ability in the (i) NATIONAL INTERESTlevel of expertise indicating sciences, arts, or business WAIVER- Subject to clausethat the individual is one of means a degree of expertise (ii), the Secretary ofthat small percentage who significantly above that Homeland Security may,have risen to the very top of ordinarily encountered in the when the Secretary ofthe field of endeavor. sciences, arts, or business. Homeland Security deems it to be in the national interest, Eligible aliens are either: waive the requirements of Members of the professions subparagraph (A) that an holding advanced degrees or aliens services in the sciences, their equivalent, arts, professions, or business OR be sought by an employer in Individuals who because of the United States. their exceptional ability in the sciences, arts, or business; 2
  3. 3. AND Exemption from job offer. The They will substantially director may exempt the benefit prospectively the requirement of a job offer, and national economy, cultural or thus of a labor certification, educational interests, or for aliens of exceptional welfare of the United States, ability in the sciences, arts, or and business if exemption would Whose services in the be in the national interest. sciences, arts, professions, or To apply for the exemption, business are sought by an the petitioner must submit employer in the United States, Form ETA–750B, Statement but of Qualifications of Alien, in The job offer by a petitioning duplicate, as well as evidence U.S. employer and/or the to support the claim that such usual permanent labor exemption would be in the certification process may be national interest. waived in the national interest.Specific criteria found at: Specific criteria found at: Specific criteria found in:8 CFR § 204.5(h)(3) 8 CFR § 204.5(k)(3)(ii)(A-F) Matter of New York State or (4) Dept. of Transportation, 22 I&N Dec. 215 (Comm. 1998) (NYSDOT)(3) Initial evidence. A petition (ii) To show that the alien is AAO through NYSDOT setfor an alien of extraordinary an alien of exceptional ability forth several factors whichability must be accompanied in the sciences, arts, or must be considered whenby evidence that the alien has business, the petition must be evaluating a request for asustained national or accompanied by at least three national interest waiver.international acclaim and that of the following:his or her achievements have First, it must be shown thatbeen recognized in the field of (A) An official academic the alien seeks employment inexpertise. Such evidence shall record showing that the alien an area of substantial intrinsicinclude evidence of a one-time has a degree, diploma, merit.achievement (that is, a major, certificate, or similar awardinternational recognized from a college, university, Second, it must be shown thataward), school, or other institution of the proposed benefit will be learning relating to the area of national in scope.or at least three of the exceptional ability;following: Third, the petitioner seeking (B) Evidence in the form of the waiver must establish that(i) Documentation of the letter(s) from current or the alien will serve thealiens receipt of lesser former employer(s) showing national interest to anationally or internationally that the alien has at least ten substantially greater degreerecognized prizes or awards years of full-time experience than would an available U.S.for excellence in the field of in the occupation for which he worker having the sameendeavor; or she is being sought; minimum qualifications. 3
  4. 4. (ii) Documentation of the (C) A license to practice the By seeking an extra benefit,aliens membership in profession or certification for the alien or petitioner assumesassociations in the field for a particular profession or an extra burden of proof.which classification is sought, occupation;which require outstanding It must be noted that, whileachievements of their (D) Evidence that the alien has the national interest waivermembers, as judged by commanded a salary, or other hinges on prospective nationalrecognized national or renumeration for services, benefit, it clearly must beinternational experts in their which demonstrates established that the aliensdisciplines or fields; exceptional ability; past record justifies (E) Evidence of membership projections of future benefit(iii) Published material about in professional associations; or to the national interest. Thethe alien in professional or petitioners subjectivemajor trade publications or (F) Evidence of recognition assurance that the alien will, inother major media, relating to for achievements and the future, serve the nationalthe aliens work in the field for significant contributions to the interest cannot suffice towhich classification is sought. industry or field by peers, establish prospective nationalSuch evidence shall include governmental entities, or benefit.the title, date, and author of professional or businessthe material, and any organizations. An alien or the petitioner onnecessary translation; the alien’s behalf must (iii) If the above standards do demonstrate a past history of(iv) Evidence of the aliens not readily apply to the achievement by the alien withparticipation, either beneficiarys occupation, the some degree of influence onindividually or on a panel, as a petitioner may submit the field as a whole.judge of the work of others in comparable evidence tothe same or an allied field of establish the beneficiarys Regardless of the aliensspecification for which eligibility. particular experience or skills,classification is sought; even assuming they are Borrowed concepts: unique, the benefit the aliens(v) Evidence of the aliens 8 CFR § 214.1 (h)(4) skills or background willoriginal scientific, scholarly, provide to the United Statesartistic, athletic, or business- (ii) Definitions . must also considerablyrelated contributions of major outweigh the inherent national Prominence means a highsignificance in the field; interest in protecting U.S. level of achievement in the workers through the labor field of fashion modeling [or(vi) Evidence of the aliens certification process. some other field] evidencedauthorship of scholarly articles by a degree of skill andin the field, in professional or Those factors that can be recognition substantiallymajor trade publications or addressed through the above that ordinarilyother major media; Permanent Labor encountered to the extent that Certification Process are a person described as(vii) Evidence of the display useless to the NIW prominent is renowned,of the aliens work in the field consideration; just get a leading, or well-known in theat artistic exhibitions or labor cert! field of fashion modeling [orshowcases; some other filed]. 4
  5. 5. (viii) Evidence that the alien Recognized authority means a With regard to thehas performed in a leading or person or an organization with unavailability of qualifiedcritical role for organizations expertise in a particular field, U.S. workers, the job offeror establishments that have a special skills or knowledge in waiver based on nationaldistinguished reputation; that field, and the expertise to interest is not warranted solely render the type of opinion for the purpose of(ix) Evidence that the alien requested. Such an opinion ameliorating a local laborhas commanded a high salary must state: shortage, because the laboror other significantly high certification process is alreadyremuneration for services, in ( 1 ) The writers qualifications in place to address suchrelation to others in the field; as an expert; shortages. Similarly, theor Department of Labor allows a ( 2 ) The writers experience prospective U.S. employer to(x) Evidence of commercial giving such opinions, citing specify the minimumsuccesses in the performing specific instances where past education, training,arts, as shown by box office opinions have been accepted experience, and other specialreceipts or record, cassette, as authoritative and by whom; requirements needed tocompact disk, or video sales. qualify for the position in ( 3 ) How the conclusions question. Therefore, these(4) If the above standards do were reached; and qualifications, taken alone, donot readily apply to the not justify a waiver of thebeneficiarys occupation, the ( 4 ) The basis for the certification process whichpetitioner may submit conclusions supported by takes these elements intocomparable evidence to copies or citations of any account.establish the beneficiarys research material used.eligibility. In all cases, while the national Below excerpt from: interest waiver hinges on Mar262010_03B5203.pdf prospective national benefit, it clearly must be established “USCIS may, in its discretion, that the beneficiary’s past use as advisory opinions record justifies projections of statements submitted as expert future benefit to the national testimony. See Matter of interest. The petitioner’s Caron International, 19 I&N subjective assurance that the Dec. 791, 795 (Commr. beneficiary will, in the future, 1988). However, USCIS is serve the national interest ultimately responsible for cannot suffice to establish making the final determination prospective national benefit if regarding an aliens eligibility the beneficiary has few or no for the benefit sought. Id. The demonstrable achievements. submission of letters from experts supporting the petition The ultimate decision as to is not presumptive evidence of eligibility for a national eligibility; USCIS may, as we interest waiver (NIW) is made have done above, evaluate the through the careful and content of those letters as to sometimes painstaking 5
  6. 6. whether they support the dissection and distillation of aliens eligibility. See id. at the evidence submitted, in the 795. USCIS may even give context of, the specific less weight to an opinion that criterion one seeks to prove is not corroborated, in accord and establish. “It is the with other information or is in position of [USCIS ] to grant any way questionable. Id. at national interest waivers on a 795; see also Matter of Soffici, case by case basis ... [as 22 I&N Dec. 158, 165 demonstrated by the evidence (Commr. 1998) (citing Matter in the individual record] ..., of Treasure Craft of rather than to establish California, 14 I&N Dec. 190 blanket waivers for entire (Regl. Commr. 1972)). fields of specialization.” For reasons discussed above, the letters submitted on appeal are vague, uncorroborated, and/or irrelevant to the proceeding at hand.” At p. 7. NOTE: Advisory Opinions are described extensively in 8 CFR § 214.2 (o) and (p) and elsewhere.Varying Levels of Quality Between EB-2 and EB-5 Entrepreneur EvidenceIn order for an entrepreneur to qualify for an immigrant visa via an EB-2 NIWpetition, it may be helpful to borrow some of the concepts from the EB-5immigrant investor requirements and evidentiary possibilities. The majordifferences being that an EB-2 will have no minimum job creation or capitalinvestment requirements like the EB-5 entrepreneur and will not obtain aconditional status or have to apply to have conditions lifted later. As far as I canimagine, the EB-2 entrepreneur will most likely need to propose a businessventure that is worthy of a National Interest Waiver instead. Fewer may qualify byjoining with a U.S. employer or U.S. partner who will serve as the petitioner andwill obtain the labor certification. Fewer still might successfully “self-petition”through a wholly or majority owned corporate or other acceptable business entityand not require a NIW. An EB-5 can get an immigrant visa by creating theminimum number of minimum wage jobs by investing the minimum amount of 6
  7. 7. capital through the most mundane of projects and then can bail out of thatbusiness and the business world altogether after their conditions have been lifted.AAO has noted that Congress did create a separate visa category for alienentrepreneurs, set forth at INA § 203(b)(5) “employment creation” visaclassification, through which an alien must invest at least $500,000 (if located in a“Targeted Employment Area” (TEA), i.e. rural or high unemployment as definedin the statute and regulations) or $1,000,000 elsewhere and create at least 10 jobs.Entrepreneurs are not precluded from seeking EB-2 classification under INA §203(b)(2) pursuant to the national interest waiver or as an EB-2 with a job offerand approved labor certification application. As Congress has identified the type ofentrepreneurs it wishes to admit into the United States, however, entrepreneurshipin and of itself is not a basis for a national interest waiver, just as exceptionalability in and of itself is not a basis for a waiver.Eligibility for the waiver must rest with the aliens own qualifications rather thanwith the position sought. In other words, USCIS generally does not accept theargument that a given project is so important that any alien qualified to work onthat project must also qualify for a national interest waiver. (See NYSDOT) “Because, by statute, “exceptional ability” is not by itself sufficient cause for a national interest waiver, the benefit which the alien presents to his or her field of endeavor must greatly exceed the “achievements and significant contributions” contemplated in the regulation at 8 C.F.R. § 204.5 (k)(3)(ii)(F), Because the statute and regulations contain no provision allowing a lower national interest threshold for advanced degree professionals than for aliens of exceptional ability, this standard must apply whether the alien seeks classification as an alien of exceptional ability, or as a member of the professions holding an advanced degree.” NYSDOT at 218- 219 “USCIS may, in its discretion, use as advisory opinions statements submitted as expert testimony. See Matter of Caron International, 19 I&N Dec. 791, 795 (Commr. 1988). However, USCIS is ultimately responsible for making the final determination regarding an aliens eligibility for the benefit sought. Id. The submission of letters from experts supporting the petition is not presumptive evidence of eligibility; USCIS may evaluate the 7
  8. 8. content of those letters as to whether they support the aliens eligibility. See id. at 795. USCIS may even give less weight to an opinion that is not corroborated, in accord with other information or is in any way questionable. Id. at 795; see also Matter of Soffici, 22 I&N Dec. 158, 165 (Commr. 1998) (citing Matter of Treasure Craft of California, 14 I&N Dec. 190 (Regl. Commr. 1972)).” See Feb232010_04B5203.pdf At p. 9. EB-5 Concepts Worth Borrowing for an EB-2 NIW Entrepreneur Petition  A comprehensive, detailed, credible Business Plan; See Matter of Ho, 22 I&N Dec. 206 (AAO 1998);  Supported by an Economic Analysis produced using a widely accepted econometric model to fully analyze the assumptions and comparable industry data drawn from reliable and verifiable sources in order to make  Predictions and projections1 that will serve the National Interests in any of the following as they relate to a substantial prospective beneficial effect in the: o National Economy, o National Cultural Interests, o National Educational Interests, or o National Welfare of the United States. EB-5 Concepts Inapplicable to an EB-2 NIW Entrepreneur PetitionThe underlying goal of the Business Plan and associated evidence presented insupport of the EB-2 NIW petition package is NOT to prove job creation at aminimum level through expenditure of a minimum amount of capital in a specificlimited geographic area.The EB-2 statute is silent as to the painstaking proof of the source and path oflawful funds, however, in that USCIS is an agency within the Department ofHomeland Security, any irregularity in this aspect will draw scrutiny and probablereferral to someone else to investigate. In the context of an EB-2 entrepreneur,1 See generally: 8 CFR § 204.6 and specifically: 8 CFR § 204.6 (j)(4) and (m)(3) 8
  9. 9. USCIS is not obligated to painstakingly vet the funds as it is within the EB-5context. USCIS can literally “pass the buck” to someone else on this issue and let adedicated Law Enforcement Agency with the power of arrest go after suspects. In The National InterestInterest - a sense of concern with and curiosity about someone or something; "aninterest in music"; a reason for wanting something done; "for your sake"; "died forthe sake of his country"; "in the interest of safety"; "in the common interest";Vested Interest - (law) an interest in which there is a fixed right to present orfuture enjoyment and that can be conveyed to another;National Interest – a concept that varies greatly throughout history and across theglobe, by nation, by culture, by religion, by politics, by morality, by local custom,and a great many other possibilities. Because there is no accepted consensus, themeaning is therefore loose enough to be applied to justify almost anything. It is nothard to forecast that its overuse could render it meaningless in the absence ofcertain parameters.In the legal systems around the world, the concept of something being malum in se(per se) versus malum prohibitum might be of some use in this context. Malum inse (or per se) describes an act that is just bad unto itself, something that just makesyou feel that it is wrong (evil in or unto itself). Malum prohibitum on the otherhand is something that is considered a wrong and is a crime or “unlawful” justbecause the law says so.The EB-2 statute contains certain parameters or contexts within which to build acase. So, working within the parameters of economics, culture, education and“general” welfare, a proposition or argument that just makes one react positively,on a base or gut level, without all that much need for persuasion, if any, might beseen as beneficial in se (in itself) or per se (unto itself).On the other hand, an idea that takes more effort and for which it takes convincing,might be termed as: “a hard sell” or “of hidden virtue” or something like that.People might be less open to something that is “good for them” simply because itis harder to accomplish, but that does not make it any less viable. Green energy,green technology, recycling, improved nutrition, and quitting smoking may all be“hard sells” but it is harder to object to them. The methods used to reach the goalwill be the thing to be judged in the petition via the Business Plan and itssupporting evidence. 9
  10. 10. The Parameters To Be Used To Show Benefits In The National InterestEconomy - Cultural -1. The wealth and resources of a country or 1. (Sociology) of or relating to a culture orregion, esp. in terms of the production and civilizationconsumption of goods and services 2. (Fine Arts & Visual Arts / Art Terms) of or2. Thrifty management; frugality in the relating to artistic or social pursuits or eventsexpenditure or consumption of money, considered to be valuable or enlightenedmaterials, etc. 3. ... - of or relating to the arts and manners3. An act or means of thrifty saving; a saving: that a group favors; "cultural events"; "a personHe achieved a small economy by walking to of broad cultural interests"work instead of taking a bus. 4. ... - denoting or deriving from or distinctive4. The management of the resources of a of the ways of living built up by a group ofcommunity, country, etc., especially with a people; "influenced by ethnic and cultural ties"view to its productivity. 5. ... - of or relating to the shared knowledge5. The prosperity or earnings of a place: and values of a society; "cultural roots"Further inflation would endanger the national 6. ... - relating to the raising of plants oreconomy seriously. animals; "a cultural variety"6. The disposition or regulation of the parts orfunctions of any organic whole; an organizedsystem or method.Educational – Welfare –1.Providing knowledge; instructive or 1. Something that aids or promotes well-being;informative an educational toy "for the benefit of all"2. (Social Science / Education) of or relating to 2. The health, happiness, and fortunes of aeducation person or group.3. Of or relating to the provision of education. 3. Statutory procedure or social effort designed4. Intended or serving to educate or enlighten. to promote the basic physical and material well-being of people in need: "rights to education, housing, and welfare" It is Always In The National Interest to Promote the “General Welfare” We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. 10
  11. 11. Non-Physician or “Standard” National Interest Waiver CriteriaMatter of New York State Dept. of Transportation, 22 I&N Dec. 215 (Comm. 1998) (NYSDOT) Development of a case for an EB-2 Entrepreneur’s National Interest Waiver is Progressive. »»» »»»» » »» »»» »»»» Substantial Intrinsic Merit National in Scope In the National InterestEligibility is not established Although the actual job may The first two criteria focus onsolely by a showing that the be in one location or within a the occupation and the alien’sbeneficiary’s field of endeavor particular region, its overall work product, respectively.has intrinsic merit. A effects must be shown to be This final threshold ispetitioner cannot establish more far-reaching or therefore specific to the alien.qualification for a national interconnected more broadly The evidence submitted mustinterest waiver based solely on in the overall analysis. Once persuasively demonstrate thatthe importance of the alien’s again, this determination is the national interest would beoccupation. It is the position made on a case by case basis adversely affected if a laborof USCIS to grant national as demonstrated by the certification were required forinterest waivers on a case by evidence in the individual the alien. It must becase basis as demonstrated record. The actual and/or established on a case by caseby the evidence in the prospective, cumulative basis as demonstrated by theindividual record, rather than and/or positive, benefits, evidence in the individualto establish blanket waivers effects, consequences, record that the alien will servefor entire fields of ramifications, and/or results of the national interest to aspecialization. The intrinsic the alien’s contributions substantially greater degreemerit of the occupation or through the proposed work than would an available U.S.field of endeavor must stand must go beyond minimal, worker having the sameon its own inherent worth confined, limited and local in minimum qualifications.specific to this person in that scope. The reach of thejob. alien’s work must be substantial. Additional Discussion Substantial Intrinsic Merit National in Scope In the National InterestDefinition of INTRINSIC “In reaching this conclusion, Supplementary information to we note that the analysis we regulations implementing the1a : belonging to the essential follow in “national interest” Immigration Act of 1990nature or constitution of a cases under section 203(b) (IMMACT), published at 56thing: occurring as a natural (2)(B) of the Act differs from Fed. Reg. 60897, 60900part of something that for standard “exceptional (November 29, 1991), states:b : being or relating to acharacteristic of the thing itself ability” cases under section 203(b)(2)(A) of the Act. In the “The Service [now U.S.instead of the content of any Citizenship and Immigrationimpurities it contains latter type of case, the local labor market is considered Services (USCIS)] believes it2a : originating or due to causeswithin a thing itself <an intrinsic through the labor certification appropriate to leave themetabolic disease> process and the activity application of this test asb : originating from and performed by the alien need flexible as possible, althoughincluded wholly within not have a national effect. For clearly an alien seeking tosomething meet the [national interest] 11
  12. 12. compare extrinsic instance, pro bono legal standard must make a1a : not forming part of or services as a whole serve the showing significantly abovebelonging to a thing : extraneous national interest, but the that necessary to prove theb : originating from or on the impact of an individual "prospective national benefit"outside; especially : originating attorney working pro bono [required of aliens seeking tooutside a part and acting upon would be so attenuated at the qualify as "exceptional."]the part as a whole national level as to be The burden will rest with theDefinition of MERIT negligible. Similarly, while alien to establish that education is in the national exemption from, or waiver of,1. a. Superior quality or worth; interest, the impact of a single the job offer will be in theexcellence: a proposal of some schoolteacher in one national interest. Each case ismerit vs. an ill-advised plan elementary school would not to be judged on its ownwithout merit. be in the national interest for merits.” AAO includes thisb. A quality deserving praise or purposes of waiving the job passage VERY often inapproval; virtue: a store having offer requirement of section decisions.the merit of being open late. 203(b)(2)(B) of the Act. As another example, while2. Demonstrated ability or nutrition has obvious intrinsicachievement: promotions basedon merit alone. value, the work of one cook in one restaurant could not be3. An aspect of character or considered sufficiently in the “It’s just not that simple!”behavior deserving approval or national interest for purposesdisapproval. Often used in the of this provision of the Act.”plural: judging people according (NYSDOT) Footnote #3, p. 217to their merits.4. Credit granted for good works.e-mail: joseph.whalen774@gmail.com August 5, 2011 12