140-Ref-NIW

[NIW-2003]

my 140 is NIW(advance degree PHD)
01-20-2003



The following evidence is needed to prove eligibility for section 203B NIW preference.

1). please submit evidence that the applicant seeks employment in the an area of substantial intinsic merit.

2).please submit evidence to establish how the benefit you are to import to united states will genuinely be on national scale.

3). Please submit evidence to persuasively establish that the national interest would be adversely affected if an employer required to obtain laborcertification from the us department of labor.would a Us worker withnthe same minimum qualifications be able to perform the same occupation and serve the national interest to a similer degree. how will you serve the national interest to a substantially greater degree that other individuals in your field?


This is the orginol message and if any body have the same experiance please give me some information.

thanks

 

[value1]

Please let me know the followings:

1. Have you completed your PHD?

2. Do you have a job?

3. Are you working in the same field you applied for NIW?

4. Did you get that job on behalf of your PHD?

 

[hadron]

Nys Dot

Sounds like a tough one.

2 of the 3 points try to introduce something throught the back door that is not part of the NIW in the first place: A job offer. (they are all completely schizo at CIS)

I think #2 and #3 are known as the INS vs NYS-DOT criteria.

For #2, additional letters of reference from leading people in your field pointing out how your work influences the work of others would probably be the most convincing 'evidence'. Also, statistics how research in your field is done at institutions around the country. Also demonstrating how people around the country have cited your work might help. (I think in the DOT case they prooved that the bridges the bridge inspector inspected connect to the interstate system and are therefore 'national' in scope. go figure)

For #3, time is not of the essence. Apparently this is one they like to throw in because you can't refute it easily.
In their twisted peabrains, labor certification only takes a couple of weeks. The argument 'we can't wait 3 years for a LC to go through' is not accepted for this RFE. One of the lines of defence against this RFE goes like this (letter from your current employer or someone who might be interested in hiring you):
'The work Mr soandso is doing is crucial to the success of our company/research project/mafia family. We cannot accept anything but an outstanding individual to fill this function. US DOL will only give a labor certification if we can proove that no american worker with the 'minimal qualifications' is available for the job. Due to the importance of the project for the success of our mafia racket, a candidate merely fulfilling the 'minimum qualifications' would not be acceptable. '

(I am not a lawyer. These are just morsels of wisdom I picked up along the way of looking at the different 'flavors' of obtaining a GC)

 

[NIW-2003]

Hi Value1,

thank you

Please let me know the followings:

1. Have you completed your PHD?

ANS: my PHD copleted three years back.

2. Do you have a job?

ANS: YES, but that is not permanent position.

3. Are you working in the same field you applied for NIW?

ANS; I am working in the same place and same field.

4. Did you get that job on behalf of your PHD?

ANS: yes


thanks

 

[NIW-2003]

Hi hadron


Thanks for your information.

 

[hadron]

How convinced is your employer of your abilities ?

There is no requirement in NIW for a permanent position (unlike OR). But have your employer write a letter responding to all three points.(in addition to other letters for #2)

ad #1 We employ Dr NIW03, he is working in the field of 'lifestock grazing', he is a crucial part of our project 'clear cut' and we intend to continue to employ Dr NIW03 in is current capacity.

ad #2 Lifestock grazing is responsible for X% of the US gross national product there are many companies working on it blablabla. Dr NIW03 has done seminal work in the area....pillars of our company....x other employess in our offices in Phenix, Bellington and St Albans are dependent on Dr NIW03's work...blablabla.

ad #3 as I pointed out above.

(again, I am not a lawyer, this is information I am regurgitating based on stuff that I came accross while working on the GC project. For all you know, I could be a canine)