Any suggestions on responding "pursuing labor certification would adversely affect the nati

EB1waiter

Registered Users (C)
I am pursuing NIW (EB2) by myself and I got RFE last.
I woul appreciate if anyone can teach me how to respond "pursuing labor certification would adversely affect the national interest".
Thank you so much.
 
take from another angle look

I am at same stage as you, I read some articles from web regarding NYDOT issue, the points may make some sense to you but it is only my personal experience.
(1) You have to realize that it is impossible to verify the national interest will be advisely hurt if you go EB2 LCA, the reason is obviously we are not that kind big shot. So dont try to response the letter directly with this question.
(2)When you response to RFE letter, try to orgnize it from two aspects. First, you need demonstrate that your job is very important to national interest(old topic, but tie it carefully with seven categology,ecomomy, job secutiry, health etc). Second, you need tell INS your contribution can not be replaced by any other people with min qualification.
(3) Let us give a inside view, "Go LCA will advisely effect national....." indicated your contribution has to be a substandital leverl which means If you left this contry, they couldn\'t find a min. qualification citizen to replace you so your technology could be go other contries or your absent could cause delay or hurt the benifit of advanced technology...... it also imply that your experience and contribution in your research area must be substantial over your peers.
(4) try to catch several keyword: "inertic merit; substantial contribution; your qualification....
I think you will be fine if you focus on these topic and try to forget about the question on RFE list.
 
Is your case self-petitioned or employer sponsored?

Answer for self-petitioned case may be less difficult (easier) than employer sponsored.
 
Well then,

Employer did not sign any documents other than giving the employment letter and/or reference letter.... assuming this is true, you can begin your argument that NYDOT\'s this question is not applicable to you and therefore, expecting an answer from you violates "pertinent laws".
 
y-man, please be more specific, thanks

I apply NIW by my self and without any support from my employer.
My employer does not even want to write any letter for me.
Therefore, not to agitate my employer, I apply NIW 100% independent from my employer.
If you could, could you please be more specific on what said by violating ";ertinent laws"?
Thank you so much
 
Hi,

You can not pursue labor certificate on your own (with out employer)..., however, you can petition on your own..., then "that question" is hypothetical to you... An employer can only answer that question... dig out the related laws, come-up with the argument...
 
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