好牛逼的自行车啊~ - 未名空间MITBBS历史存档

p*r2012-09-15 07:09

1 楼

不同的模板里不尽相同，版本有：
In Re: New York State Department of Transportation, 22 I&N Dec. 215 (Comm.
1998) (“NYSDOT”),
In re DDDD State Dept. of Transportation EAC 96 063 51031, (AAU, Aug. 7,
1998).
到底该用哪一个才对？
请大牛指点。
谢谢。

x*o2012-09-15 07:09

2 楼

p*r2012-09-15 07:09

3 楼

失望到家了，这么个基础问题没人愿意回答？
心凉。

i*d2012-09-15 07:09

4 楼

不错，比treadmill冲击小的锻炼方式。

b*r2012-09-15 07:09

5 楼

我想大家可能不太清楚，与其误导，不如不回复，不过我个人觉得这个应该不重要

q*82012-09-15 07:09

6 楼

想跑步又怕累着胳膊

R*R2012-09-15 07:09

7 楼

I used the first one and the 140 was approved.

l*i2012-09-15 07:09

8 楼

这玩意缺点是应该给个悬脚的地方。

p*r2012-09-15 07:09

9 楼

感谢。那我将来也用第一个吧。

【在 R*R 的大作中提到】

: I used the first one and the 140 was approved.

q*e2012-09-15 07:09

10 楼

是名副其实的自行车啊。

【在 x****o 的大作中提到】

e*r2012-09-15 07:09

11 楼

一般人写这个，不过是照搬罢了。既然是基础问题，建议大家提问前，花几分钟google
一下。对于你这个问题，我建议选一。
原因如下，1是指那基本三条，2是指某个著名的被uscis驳回的案例。
链接在下面，有空你读读好了。
1.In 1998, the Administrative Appeals Office (AAO) issued a precedent
decision, Matter of In Re: New York State Department of Transportation, 22 I
&N Dec. 215 (Comm. 1998) (“NYSDOT”), which created a three-prong test for
petitioners seeking a national interest waiver. You should remember that the
purpose of these prongs is to set minimum requirements for activities that
are in the national - not local - interest. These minimum requirements
follow:
Under the first prong of the NYSDOT test, the alien must seek employment
in an area that has substantial intrinsic merit. In NYSDOT, the alien was a
structural engineer working on highway bridges. This activity was found to
have substantial intrinsic merit. It is obvious that the protection of
motorists and the maintenance of a highway system are activities of
substantial intrinsic merit. By contrast, a person who is a juggler and
asserts that he or she wishes to perform at children's birthday parties,
might not meet this requirement. While the alien's proposed activity is not
deleterious, it would be difficult to claim that such an activity has "
substantial" intrinsic merit for purposes of establishing the "national"
interest.
The second prong of the NYSDOT test requires that the waiver applicant
demonstrate that the proposed benefit to be provided will be national in
scope. There are many activities which have positive effects, such as job
creation for a local community, but may in fact have a limited, or even
negative, national impact. For example, an alien may be sought as a loan
officer for a regional bank. The alien’s clients may come from various
parts of the country, but the primary purpose of the alien’s employment is
to benefit the regional bank, not to benefit the nation as a whole. The
principal aim of the alien’s activities is to benefit the bank, not the
nation. As another example, an alien may be sought to manage a waste
disposal facility for a municipal government. That facility, however, may be
contributing to pollution of a nearby river. While the alien’s activities
might result in the preservation of local jobs, his or her activities might
in fact have a detrimental effect on other communities lying along the path
of the stream or river, even those located in other states. Therefore, any
interest in hiring this person would be local at best, and could not be
deemed to be national in scope or in the “national” interest.
On a related note, the basis for the waiver may not be the existence of
a local labor shortage. The mere fact that the alien might fill a locally
needed position - irrespective of the positive effect of such activity -
does not qualify the activity as being in the national interest. While there
exists a generalized national interest in providing jobs to all work
authorized persons, the national interest waiver is a waiver of the labor
certification requirement - it is not a substitute for this requirement.
Congress specifically created the labor certification process in order to
test the domestic local labor market. A shortage of qualified workers in a
given field does not constitute grounds for a national interest waiver.
Given that the labor certification process was designed to address the issue
of worker shortages, a shortage of qualified workers is an argument for
obtaining rather than waiving a labor certification. (As noted below,
however, following issuance of the NYSDOT precedent, Congress created an
exception for certain physicians who are working in medically underserved or
needed areas).
Finally, under the third prong of the NYSDOT test, it must be
demonstrated that the national interest would be adversely affected if the
employer is required to proceed with the labor certification process. In
order to satisfy the third component of the test, therefore, it must be
shown "that it would be contrary to the national interest to potentially
deprive the prospective employer of the services of the alien by making the
position sought available to U.S. workers." In addition, NYSDOT further
requires, as a condition of meeting the third prong, "that the alien will
serve the national interest to a substantially greater degree than would an
available U.S. worker having the same minimum qualifications." This test
recognizes that there can be two competing "national interests" - the
national interest, as set forth by Congress in section 212(a)(5) of the INA,
of requiring a test of the labor market versus the "national interest" in
fulfilling a permanent need for the alien's services. Given the variety of
occupations potentially covered by the waiver, a single set of standards
applicable to all cases is impractical. Therefore each determination must be
made on a case-by-case basis and will depend on an assessment of the
specific facts presented.
2. www.justice.gov/eoir/vll/intdec/vol22/3363.pdf

【在 p********r 的大作中提到】

: 失望到家了，这么个基础问题没人愿意回答？
: 心凉。

l*h2012-09-15 07:09

12 楼

没地方挂脚, 那么还是要克服滑动摩擦力作功, 而轮子只起支撑作用...
这样, 在平坦路面上肯定不如旱冰鞋和滑板省劲

【在 x****o 的大作中提到】

p*r2012-09-15 07:09

13 楼

版花的回答那是相当的扎实。
而且昨晚我也恰好找到了并仔细读了那几段内容。
谢谢。

f*i2012-09-15 07:09

14 楼

lol

x*o2012-09-15 07:09

15 楼

有啊

【在 l*****i 的大作中提到】

: 这玩意缺点是应该给个悬脚的地方。

r*e2012-09-15 07:09

16 楼

就是费鞋

【在 x****o 的大作中提到】

: 有啊