EB1-EA-NSC-RFE, help

afu1428

Registered Users (C)
Got a RFE on my EB1(EA) case from NSC.

My qualification:
2004 Ph.D. in Mechanical Engineering from a so-so university(top 50)
20 publication, (<15 citations, most of them published in recent years)
One award (received on an international conference, first author) + a few small fellowships
7 times reivewe for three journals (4 more reivews after initial submit, do they count?)
8 reference letters (only 1 from my MS advisor, other 7 are independent)

The RFE list a huge comments on almost all items. Here I only list the three criteria I am targeting. My comments are in blue. Any suggestions? Thanks.

(i): Documentation of the aliens’ receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

Please submit additional evidence to establish the significance of all awards, the reputation of the awarding institution(s), and the specific criteria used to select the recipient. The criteria presented should include statistical information regarding the distribution frequency of the award, how many awards of a similar type were presented at the same time/same year, how many individuals competed, and the range of candidates considered. If the award is the result of a group effort, the beneficiary’s role and contribution must be established.

(ii): Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;

Additional object evidence regarding the selection process of referees for the ASME Journal of Mechanical Design in requested. Provide evidence for presentation given by your at prestigious engagements and/or seminars. This evidence should document the notoriety of the event and be accompanied by topic/speaker selection criteria. Also identify whether you were a designated keynote speaker, and invited speaker, or a visiting scholar.

(iii): Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications of other major media;

Evidence relating to this criterion has been submitted; if readily available, additional evidence showing the impact of the petitioner’s writings within the field and significance of the media would be useful. Provide a listing that identifies the number of times each of the beneficiary’s publications has been cited by other researchers. (My paper are mainly publication in two international journals. I can proivde a ltter form the editor. However the impact factor of the journal are low, one is 0.458, one is 0.325. But they are really the best journals in my filed. Our field is a small one. I know almost everybody working in the field. Should I used the impact factor? If not, how can i prove the journals are significant? Do I have to privide a citation report? My field is small, the number of average citation is low.)

The affidavits you submitted will be given full consideration, however, additional evidence from professional journals, associations and that those outside your prior and immediate circle of colleagues and acquaintances consider your work original and extraordinarily significant is especially valuable. Provide additional evidence, from individuals outside your prior and immediate circle of colleagues and acquaintances, which validate your contributions and/or professional ability as being original and extraordinary.

If applicable, please provide a copy of the published Who’s Who article regarding your accomplishments. The evidence that you submit must validate the date the article was published. Also please identify the requirements you had to fulfill to have your professional biography published within the Who’s Who of the World, e.g. dues, subscription fee, etc.

Drs. Rxxx’s and Ragxxx’s professional credentials appear to eclipse your accomplishments. Given this, please explain the basis for your conclusion and you are equally extraordinary. (do not quite understand this, Dr. Rxxx is a senoir professor from Stanford, he is really the #1 authority in my field, but in his letter, he mentioned he is my advisor's advisor. Is the officer talking about our relationship. Dr. Ragxxx is a technical fellow from the GM R&D center with no realition with me. He assgined a few papers for me to review. That is all.

You may also obtain a letter form an interested U.S. government agency, other than just a Congressional letter of support, which clearly validates the agency’s recognition of you as an alien of extraordinary ability and which explains, in detail, why you are critical to the project(s) identified.
 
Did you apply for EA only or EA&NIW both at the same time ......what is notice date and receipt date.
 
afu1428 said:
Got a RFE on my EB1(EA) case from NSC.

My qualification:
2004 Ph.D. in Mechanical Engineering from a so-so university(top 50)
20 publication, (<15 citations, most of them published in recent years)
One award (received on an international conference, first author) + a few small fellowships
7 times reivewe for three journals (4 more reivews after initial submit, do they count?)
8 reference letters (only 1 from my MS advisor, other 7 are independent)

The RFE list a huge comments on almost all items. Here I only list the three criteria I am targeting. My comments are in blue. Any suggestions? Thanks.

(i): Documentation of the aliens’ receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

Please submit additional evidence to establish the significance of all awards, the reputation of the awarding institution(s), and the specific criteria used to select the recipient. The criteria presented should include statistical information regarding the distribution frequency of the award, how many awards of a similar type were presented at the same time/same year, how many individuals competed, and the range of candidates considered. If the award is the result of a group effort, the beneficiary’s role and contribution must be established.

(ii): Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;

Additional object evidence regarding the selection process of referees for the ASME Journal of Mechanical Design in requested. Provide evidence for presentation given by your at prestigious engagements and/or seminars. This evidence should document the notoriety of the event and be accompanied by topic/speaker selection criteria. Also identify whether you were a designated keynote speaker, and invited speaker, or a visiting scholar.

(iii): Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications of other major media;

Evidence relating to this criterion has been submitted; if readily available, additional evidence showing the impact of the petitioner’s writings within the field and significance of the media would be useful. Provide a listing that identifies the number of times each of the beneficiary’s publications has been cited by other researchers. (My paper are mainly publication in two international journals. I can proivde a ltter form the editor. However the impact factor of the journal are low, one is 0.458, one is 0.325. But they are really the best journals in my filed. Our field is a small one. I know almost everybody working in the field. Should I used the impact factor? If not, how can i prove the journals are significant? Do I have to privide a citation report? My field is small, the number of average citation is low.)

The affidavits you submitted will be given full consideration, however, additional evidence from professional journals, associations and that those outside your prior and immediate circle of colleagues and acquaintances consider your work original and extraordinarily significant is especially valuable. Provide additional evidence, from individuals outside your prior and immediate circle of colleagues and acquaintances, which validate your contributions and/or professional ability as being original and extraordinary.

If applicable, please provide a copy of the published Who’s Who article regarding your accomplishments. The evidence that you submit must validate the date the article was published. Also please identify the requirements you had to fulfill to have your professional biography published within the Who’s Who of the World, e.g. dues, subscription fee, etc.

Drs. Rxxx’s and Ragxxx’s professional credentials appear to eclipse your accomplishments. Given this, please explain the basis for your conclusion and you are equally extraordinary. (do not quite understand this, Dr. Rxxx is a senoir professor from Stanford, he is really the #1 authority in my field, but in his letter, he mentioned he is my advisor's advisor. Is the officer talking about our relationship. Dr. Ragxxx is a technical fellow from the GM R&D center with no realition with me. He assgined a few papers for me to review. That is all.

You may also obtain a letter form an interested U.S. government agency, other than just a Congressional letter of support, which clearly validates the agency’s recognition of you as an alien of extraordinary ability and which explains, in detail, why you are critical to the project(s) identified.

i) Get as many informations about the international award you got on the conference. Is it a very important award ? You might look into former award winners adn try to get their CV and show the sinificance of the award. If it is "only" the best oral presentation award on a conference than it will be very hard to get enough informations for the EA level. The fellowships don't help too much.

ii) I think the RFE is very clear: Get all the informations how you became a referee based on your outstanding ackomplishments etc.. Get reference letters confirming that. (New reviews don't count for the RFE)

iii) Get reference letters showing that you published in the most important journals in your field. Write to the editors of the journals and try to get informations about the importance of the journals for your field. Try to get official lists of impact factors for your field showing that you published in the top journals.

Don't try to focus only on three items for the RFE. It is very likely that the USCIS won't approve all of them for your RFE. You have to get evidences for more items otherwise your RFE will be very tough.
 
do_I said:
Did you apply for EA only or EA&NIW both at the same time ......what is notice date and receipt date.

EA only. Reciept data=Feb 17,2005 RFE May 15, 2005. I was happy my case is being processed. But the RFE is a tough one.
 
Thanks for your suggestions.

honkman said:
i) Get as many informations about the international award you got on the conference. Is it a very important award ? You might look into former award winners adn try to get their CV and show the sinificance of the award. If it is "only" the best oral presentation award on a conference than it will be very hard to get enough informations for the EA level. The fellowships don't help too much.

It is a best simulation software award. The candiates are limited to accepted papers to an international conference only. Is it an international or national award?

ii) I think the RFE is very clear: Get all the informations how you became a referee based on your outstanding ackomplishments etc.. Get reference letters confirming that. (New reviews don't count for the RFE)

I am appointed to additional two international journals. Does that help?

iii) Get reference letters showing that you published in the most important journals in your field. Write to the editors of the journals and try to get informations about the importance of the journals for your field. Try to get official lists of impact factors for your field showing that you published in the top journals.

Should I compare the journals I published on with others in my field? Most of them have a low citiation number. Do the officers have a list of journals with ranking?


Don't try to focus only on three items for the RFE. It is very likely that the USCIS won't approve all of them for your RFE. You have to get evidences for more items otherwise your RFE will be very tough.

I am actually thinking of significant contribution. Membership is hard to prove.
 
afu1428 said:
Thanks for your suggestions.



I am actually thinking of significant contribution. Membership is hard to prove.


Is the conference every year ? I would try to get informations how they selected the papers. Try to find former award winners and get their CVs and show that this was an important award for them. Get informations that scientists from different countries were present at the conference so that it counts as an international award.

Compare the journals you published in with other in your field. The low citation factor will make it quite complicated for you but you should try to get some reference letters from big shots stating that you pblished in the best journals in your field. (officers don't have ranking lists)
 
honkman said:
Is the conference every year ? I would try to get informations how they selected the papers. Try to find former award winners and get their CVs and show that this was an important award for them. Get informations that scientists from different countries were present at the conference so that it counts as an international award.

Compare the journals you published in with other in your field. The low citation factor will make it quite complicated for you but you should try to get some reference letters from big shots stating that you pblished in the best journals in your field. (officers don't have ranking lists)

The conference is biennial. I will do my best to get a letter from the awarding committee.

The thing is that ME is very broad. Compareing journals in mechanical design with those in fluid mechanics is meaningless. We will never publish paper in fluid journals. I will try to get a letter from jouranl editor. Will that help?
 
afu1428 said:
The conference is biennial. I will do my best to get a letter from the awarding committee.

The thing is that ME is very broad. Compareing journals in mechanical design with those in fluid mechanics is meaningless. We will never publish paper in fluid journals. I will try to get a letter from jouranl editor. Will that help?

Sure. I think for this item you should mainly try to get very strong recommendation letters from top shots in your field from industry and academia.
 
afu1428 said:
Drs. Rxxx’s and Ragxxx’s professional credentials appear to eclipse your accomplishments. Given this, please explain the basis for your conclusion and you are equally extraordinary.

Did you decide how to answer this? Having big shots write letters does not seem to be always good. I have seen similar cases in AAO decisions.
 
Last edited by a moderator:
dubliner said:
Did you decide how to answer this? Having big shots write letters does not seem to be always good. I have seem similar cases in AAO decisions.
Not yet. I do not quite understand this. Does it mean I have to provide their CV to show their professional credentials? Any suggestions will be welcomed.
 
afu1428 said:
Not yet. I do not quite understand this. Does it mean I have to provide their CV to show their professional credentials? Any suggestions will be welcomed.

Basically they are saying that Drs. Rxxx’s and Ragxxx’s professional credentials are better than yours and asking you to prove that you are as good as them.
 
dubliner said:
Basically they are saying that Drs. Rxxx’s and Ragxxx’s professional credentials are better than yours and asking you to prove that you are as good as them.

Of course, they are better than mine. If I can get a faculty position and worked in Stanford for 30 years and received every possible award in the field, I do not need file this application. How do I explain this?
 
dubliner said:
Did you decide how to answer this? Having big shots write letters does not seem to be always good. I have seem similar cases in AAO decisions.
Do you still have the link to that AAO case. Anyone has similar RFE. Any suggestion will be welcomed.
 
dubliner said:
Did you decide how to answer this? Having big shots write letters does not seem to be always good. I have seem similar cases in AAO decisions.
I still do not know how to answer this. Does anyone have similar situation?
 
afu1428 said:
I still do not know how to answer this. Does anyone have similar situation?
Here is what I am going to say.

Dr. Rx has been teaching in top school since 1960. He is widely conisdered the #1 authoristy in my field. [Many more professional credentials] No one else can achieve this level of accomplishment in my filed. However my conclusion still stands sound. The law says EA is one of small percentage who reach the very top of the field. It does not mean only one can be within that small percentage. As time goes, my accomplishment will be more and more close that of Dr. Rx's.

Any problem with my response? What's you opnion. Thanks.
 
afu1428,

Your petition might be screwed up if you say something like this. You will have to stress that currently a extraordinary researcher (no matter you reach the level of that Stanford guy or not. Actually you do not need to reach that level). Anything saying " Potentially Extraordinary" or "will be extraordinary" is going to have negative effect based on my experience. I believe if you package your current credentials well and obtain a few more strong reference letters, you will be fine.

You might want to consider the following that I found very helpful when I deal with my RFE a few weeks ago (my case was approved the second day after they received my response):

1. Obtain 2 to 4 additional letters from experts in your relavent areas whom you "do not know". In these letters, they have to stress at the begining like "I do not consider myself with the circle of Dr. XXX's acquiatance or colleagues" or "I know of Dr. XXX' through his articles published in prestigious journals and through his presentation in international conferences". Among these letters, it would be very helpful if one is from a high level technical staff member or technical manager in national lab or federal research agencies (NASA, AMRY, Air Force, Navy, NIST, etc... any of them should work). Avoid any sentence like " Dr. XXXX will become an extraordinary scientist" or "he has potentials for XXXXXXX). Note that USCIS judges your qualification based on your CURRENT credits. Obtain a long letter from you Ph.D. advisor to claim you are well qualified for each item they questioned.

2. Write a good cover letter (3 to 4 page long). Refer to evidences you provide and fight back on each items they questioned politely.

3. Package your response in a nice way, add labels to each documents when necessary. Make sure the USCIS officer can easily find your evidence/document when you refer each. Do this by yourself. Do not trust lawyer.

When they request RFE, basically they want to approve your case. Do not think USCIS officers are idiots no matter if they really are or not. Treat it as if your manuscript submitted to a journal is requested for revision/explanation by peer-reviewers, but use easy-to-understand language. It is worth taking one month or more to prepare the Response. You have to trust you are really extraordinary.


afu1428 said:
Here is what I am going to say.

Dr. Rx has been teaching in top school since 1960. He is widely conisdered the #1 authoristy in my field. [Many more professional credentials] No one else can achieve this level of accomplishment in my filed. However my conclusion still stands sound. The law says EA is one of small percentage who reach the very top of the field. It does not mean only one can be within that small percentage. As time goes, my accomplishment will be more and more close that of Dr. Rx's.

Any problem with my response? What's you opnion. Thanks.
 
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