Got my approval for National Interest Waiver - here is how it worked

[jvelazq2]

Hello, Can you please email me a copy of you application letter. My email is janeth_vg@hotmail.com.
Thanks in advance!

[immiquiz]

Hi

I would really appreciate if you would send me an outline of your cover letter.


Thank you

asemaany[@]yahoo.com

[Hope_master]

Congrats. Could you please send me your cover letter at adhikaribn@gmail.com.

[indiandude1]

Guys,

I must apologize. I forgot all about this. Here is the outline of my cover letter (please understand that I cannot give my cover letter to anyone - too much personal data):

(Note: I have not always noted this in what follows, but I had references to exhibits all through this letter. Further, I used a slightly humourous tone (no digs at anyone else, just word play that is inoffensively in nature - these adjudicators have a thankless job reading truckloads of letters - make their experience with you enjoyable - its the same thing you do when you write for a layman). On second thoughts, cut out any jokes as they may be misunderstood.).

Page 1: Introduction. Made reference to my Alien number (highlighted), online receipt number (SRC something something, also highlighted). Thanked the adjudicator for their time and attention. Made a reference to Immigration act of 1990, 8 C. F. R. 204.5(k), NYSDOT, and Int. Dec 3363. Then explained how the exhibits are arranged and referenced.

Page 2 and 3: Summarized my current work (very short), past work, source of funding, education, measures of excellence of each institution I studied / worked at. (all supported through exhibits). Finally, summarized my visa and work status history. Included exhibits (copies of all the approval notices and I-94s).

Page 3: Longer summary of my research (overall view) and how important this work is (evidence - funded by all these agencies).

Page 4: How the White House under various administration and the Congress have viewed the centrality of my work.

My work is in an area of substantial intrinsic merit and in U. S. National Interest.

A bit of history and thoughts of political and scientific leaders.

Page 5: Continued detailed discussion of why this research matters and how global trends in disappearing material availability make this critical.

Page 5 and 6: How my research has attacked each of these problems directly and what are the impacts of this work in years to come.

Page 7: My research is in the U. S. national interest, and the benefits of my work are national in scope. Connected my work to recent events in the U. S. and how my work helps / could have helped.

Page 8: Table summarizing the required evidence for a National Interest waiver and where in the exhibit list it may be found. Just a way to save the adjudicator some time and effort in locating the right evidence.

Page 9 and 10: How each of my publications has had a heavy impact. Quotations from various recommendation letters.

Page 11, 12 and 13: List of criteria used for judging National Interest Waiver with each point related to my work.

Page 14 and 15: Specific criteria laid down by the USCIS AAO. Connected my work to each point.

Page 16, 17 and 18: Subjection to the labor certification process will be adverse to the national interest

Illustrative examples of how the lack of availability of my work will harm the US and how I cannot be tied down to any specific employer.

Page 18 and 19: Concluding remarks and references to Congressional record.

Personal comments on how I have always admired the US and want to contribute to its growth and safety.

Followed by a separate list of enclosures and exhibits.

Now, I think I should have applied for EB1-EA. Still, I can do that now.

[indiandude1]

Congratulations! It sounds to me that you have a fairly solid case for EB1-EA. If you are from India (which I assume to be the case based on your username), I think it is still a good idea for you to apply for EB1-EA, since the EB1 category is current in the visa bulletin for all countries, including India and China. By contrast EB2 (which is what you'd have to use with NIW) has priority date Sept 2005 for India at the moment.

Can you elaborate ? I am thinking of applying for EB1-EA (separate thread - please click on my username to see my posts).

[Azbio]

Any body got the copy of the letter?
Can I get one please?
Thanks

[EB1aspirant]

thanks for your info. how long it took for you to get the approval?

[ebiosciences]

Congratulations.

Could you send me a copy of your materials? Thanks and good luck with your I-485.

ebiosciences@gmail.com

[claudineatinen]

Thanks for sharing!

[indiandude1]

thanks for your info. how long it took for you to get the approval?

33 days.

[indiandude1]

Folks, please stop asking for a copy of the letter. I cannot share it with you as it contains way too much personal info. The outline should suffice.

[Shenai]

Dear All,
I just found a website that has lots of useful recommendation letter samples and
mentions how to write good recommendation letters.

by Victoria Chen, Esq., J.D.

A recommendation letter is also called a reference letter, supporting letter or testimonial letter. Recommendation letters are essential in a NIW (National Interest Waiver) petition. Given that adjusting officers are rarely experts in your field, the only way for them to determine whether you qualify for the standard set by the immigration law (extraordinary ability, exceptional ability, entitled to the waiver of a labor certification) is looking at objective evidence submitted. The evidence includes but not limited to articles, publications, memos, expert testimony, citations, rewards and recommendation/reference letters.

Lawyers in Chen immigration Law Associate are of the opinion that a NIW (National Interest Waiver) recommendation letter is one of the most important evidentiary supporting materials. Therefore, we not only take time to figure out the perfect candidates with our clients to draft their NIW (National Interest Waiver) recommendation letters, but also draft letters for them. Drafting the most helpful NIW (National Interest Waiver) recommendation letters require good understanding about USCIS regulations and immigration law, we just cannot leave that important job to our clients.

Strong NIW (National Interest Waiver) Recommendation/Reference Letters Makes up for Your Minimum Citations
The USCIS and AAO have kept pointing out that the standard of NIW (National Interest Waiver), unlike EB1-A, is a flexible standard. That is, there is no requirement of minimum number of papers and citations. Based on our experience and AAO decisions, while frequent citation can certainly bolster a researcher's claim to have influenced the field, the lack of frequent citation is not a bar to eligibility where other objective evidence of the petitioner's influence exists. Similarly, merely being cited substantially does not by itself establish the petitioner's eligibility to NIW (National Interest Waiver). Original and significant contribution to the field is an essential consideration for the USCIS to decide on an NIW (National Interest Waiver) case and we found that establishing the petitioner's contribution relies heavily on strong recommendation letters. Therefore, the list of people drafting your recommendation letters and the content of these letters are critical to establish your original and substantial contribution in your field.

How to Choose Good Candidates to Make Testimonials for you NIW (National Interest Waiver) petition
Application for NIW (National Interest Waiver) is a long journey. During the process of helping clients of us walk through the complicated procedure, the first and one of the most important questions we encounter is "whom should I turn to for recommendation letters/reference letters?" We always takes time with our clients to discuss good candidates of their NIW (National Interest Waiver) recommendation letters/reference letters because recommenders are essential in the successful support provided by NIW (National Interest Waiver) recommendation letters/reference letters.

Misunderstanding about NIW (National Interest Waiver) Recommendation letters/reference letters
Many people confuse NIW (National Interest Waiver) recommendation letters/reference letters for I-140 petition with those for advance education. Usually, a NIW (National Interest Waiver) recommendation letter for graduate school or PhD program is a detailed discussion, from a faculty member, of the personal qualities, accomplishments, and experiences that make the applicant unique and perfect for the programs to which they've applied. However,NIW (National Interest Waiver) recommendation letters/reference letters for I-140 petition focus on the foreign national's influence and contribution to the field of the endeavor. They do not necessarily come from people who know them personally or in depth.

NIW (National Interest Waiver) Recommendation letters/Reference Letters from outside the Petitioner's Immediate Circle of Acquaintances Carry more Weight

Lawyers in Chen Immigration Law Associate advise our NIW (National Interest Waiver) clients to obtain strong letters from both their "inner circle" and "outer circle" of peers. The inner circle includes those they have directly worked with either in academia or in business. Lawyers in our firm always remind our clients that while these inner-circle letters are often the most glowing, they are also the most suspect since they are possibly biased. The USCIS expects a foreign national to be able to identify the outer circle of people who may recommend the foreign national. This includes people/organizations that are familiar with the foreign national's work but may have not met the foreign national.

We have found that USCIS takes the position that an individual with sustained national or international acclaim should be able to produce ample unsolicited materials reflecting that acclaim. Therefore, NIW (National Interest Waiver) recommendation letters/reference letters from independent and outside sources carry more weight because they are proof of the petitioner's accomplishments. If a petitioner's contributions are not praised widely outside his or her current and former circle of acquaintances, then it cannot be concluded that he or she has earned sustained national or international acclaim or is truly exceptional or outstanding. Therefore, the USCIS did not give as much weight to letters from the petitioner's immediate circle of colleagues submitted in support of the criterion of original contributions of major significance in the field.

"Inner Circle" Bias can be Overcome by other Documentation in your NIW (National Interest Waiver) petition
Some of our NIW (National Interest Waiver) clients asked what they should do if they fail to produce letters from members of the field who do not know him or her. In this case, other methods of demonstrating national recognition are possible. What documentation can be used to serve this purpose can be referred back to the EB-1 "extraordinary ability" standards. Petitioners should submit articles they have published in noteworthy trade publications. The AAO has also been persuaded by NIW (National Interest Waiver) petitioners who show that their work has been cited internationally. Finally, the fact that all the referees in a given petition are personally acquainted with the petitioner can be overcome by the notability of the referees. In one NIW (National Interest Waiver) case, the AAO ignored the acquaintance of the referees with the petitioner since all the referees were researchers at Johns Hopkins, one of the world's leading medical research institutions.

For clients who are not able to solicit independent recommendation letters for their NIW (National Interest Waiver) petition, we suggest our clients to obtain favorable manuscripts from the peer review process. Most scholarly journals put all articles through a peer review process before publication. Many of these journals maintain manuscripts from the peer review process. Peer review manuscripts represent the opinions of unbiased, anonymous observers of the author's research. If they comment favorably on the author's work, they are convincing evidence of the petitioner's accomplishments. In two recent cases, the AAO was persuaded by peer review manuscripts in a NIW case.

People who are More Prestigious NIW (National Interest Waiver) Recommendation/Reference Letter Writers
From years of experience, we have found that think tanks, government agencies, and university professors are the more prestigious letter writers for NIW references. For NIW (National Interest Waiver) cases, recommendation /reference letters from government officials especially help substantially.

As suggested by the USCIS in its NIW (National Interest Waiver) adjudication regulations, letters from government officials and agencies attesting to the national interests which will be served by the alien's permanent residence will greatly increase the chances of success in a national interest waiver case.

Supporting NIW (National Interest Waiver) letters from Experts or Authorities Carry More Weight.
Generally, individuals recognized as authorities or experts in the field are given greater weight as a NIW (National Interest Waiver) recommendation letter writer given that they are regarded to have more authoritative opinions upon the petitioner's research.

In the NIW (National Interest Waiver) recommendation letter, a statement should be included in the support letter that establishes the qualifications of these individuals to judge the alien's work. NIW (National Interest Waiver) testimonial letters from undistinguished colleagues or former college instructors have been subject to greater scrutiny than letters submitted by high-level officials of recognized major organizations.

A NIW (National Interest Waiver) Recommender should be Able to Specifically Address your Accomplishments and Contribution
In addition to be an expert in the field of your endeavor, it will better if the person writing you a NIW (National Interest Waiver) recommendation letter knows about your research and contribution enough to specifically address them in the recommendation letter. Therefore, although someone who has a prominent reputation in the field of your endeavor will be a better candidate than someone from your immediate circle of acquaintances, a perfect candidate will be an expert familiarizing himself/herself of your contribution.

To sum up, keep in mind that adjusting officers of NIW (National Interest Waiver) cases have no way to understand your research and contributions given that it is not their expertise. The only way for them to determine whether you have been qualified for a certain category is by reviewing the objective evidence you submit. A recommendation letter is an important indicator of your accomplishments. Therefore you should seek someone who is not only an independent expert but also has sufficient knowledge about your accomplishments and able to address them in a recommendation letter.

For more about recommendation letters, please refer to We Greened Dot Com.

[akoo1980]

Could you please send me your cover letter at akoo1980@gmail.com. I want to do the NIW EB2 application myself. THank you very much.

[akoo1980]

Can you send me the link to the website Victoria with my email add; akoo1980@gmail.com

[Shenai]

Just need to google search Victoria Chen Immigration

[2006Hunter]

Congrats.
Go for EB1. you have a good case.

Filed I-140 electronically on March 14.

Approved April 16.

No lawyer used.

No requests for evidence.

Used a do it yourself kit for general guidance (greencardapply - paid about $80). Also looked at the bestchinesehelp website.

Cover letter - 19 pages with 2-3 figures and a decent amount of technical explanation (in layman's terms).
Exhibits - 100+
8 letters of support.

Ph. D. Electrical Engineering.
16 papers (10 first author).
Included citation records (and selected papers - have over 200 citations), and overall h-index statistics.
Reviewer for NSF and DOE.


I had to use a USPS flat rate medium box to mail this stuff (has to be there within 7 working days of electronic filing).

Stuff I discovered at the last moment - you need to punch the top of your documents at two places (IIRC) and tag the bottom (this is hidden as a desirable on USCIS website). I tagged it every 10 exhibits, and lots of people on other sites said it was important if you have a large submission (it is important not to piss them off).

I found enough law references to include them (to guide the reviewer). These include references to the NYSDOT case as well as various Senate bills.

Took me a week to write the letter (every night). Went through multiple edits and having just looked at it, it still contains multiple half sentences (where I did not finish the thought). Its personally embarrassing since I pride myself on the correctness of my prose. Still, it worked. Make sure you proof read it, and not in a rush - read it a few days after you stop writing.

I can provide the outline of the letter if anyone is interested. A lot of people here helped me during the preparation - so it is my way of saying thanks.

One thing - electronic filing takes you to Texas Service Center - which is known to be better from an RFP standpoint.

I am in the sixth year of my H-1B, so whew, a weight off my mind. Almost makes me wonder if I should have gone for the extraordinary ability classification. Still, I can at least now extend my H-1B status indefinitely.

[bishtspp]

Congratulations (too late??!)
Will greatly appreciate if you could please send me the cover letter.

[doc_007us]

Congratulations !

I have a PhD and now, due to funding reasons almost giving up on NIW application..
Seems lawyers are very scared as I have 2 publications and industry who funded the projects is NOT allowing other 2 to be published.

Please contact me doc_007us@hotmail.com

Please keep in touch.
I would be very thankful and indebted


thanks

Doc_007us

[adarsh99]

Hi indiandude..its a great accomplishment..i am also in the process of applying for a GC..can you please send me a copy of your cover letter and any additional information you may think will help..my email is rjain4322 at gmail dot com

[jenny4all]

Hello friends can anyone please specify copy of cover letter information.
www(dot)californiaimmgration(dot)us