EB1 EA RFE for help

S

shfat2004

Registered Users (C)
Bad news for me, Just get this afternoon. My salary is in average, how to explain this:
Evidence that you have commanded a high salary or remuneration in relation to others in your field. Include evidence of the normal or usual level of remuneration for others in this field.

thanks in advance
 
Which USCIS service center issued this RFE? where did you file your petition originally? This seems like an unusual RFE for Eb1-EA. Did you claim of any high salary in your initial petition? Post details of your credentials you quoted for applying for Eb1-EA
 
here you are,

I file it in Mar 28, Texas.
Postdoc Fellow

PhD from china,
7 publications in english, 50 chinese papers

few citations (less than 20)

One schloar award in US, several natinal awards in china
2 years US research experience
Work at university
9 independent refernce letters (US, Korea, China)
4 professional membership
peer reviewers for 4 journal
review panel for china national science fundation.
assoicate prof in china
 
High salary could be used as one criteria for EB1-EA. If you have not argued your qualifications on this criteria, I do not why USCIS issued you this RFE. There is an AAO decision (original I-140 EB1 EA adjudicated at CSC) where the petitioner claimed that he has received high salary (approx. $250K/year). But his appeal was denied as he was not able to show that his salary is considered high compared to his peers (who are recognized as extraordinary 1-2% in the field) and not sufficient evidence that he has sustained the high pay over many years. If you did not argue this point as part of your qualifications for satisfying EB1, you may send some statistics of postdoc salary in your state & nationwide, and then argue that you have meet at least xx criterias. By the way, you may also want to consult a good immigration attorney who can offer better suggestions.
 
I agree with 2006GC on the way to get around this salary issue.

Further, I think you should also empahsize that your employment in Eb1-EA would substantially benefit USA prospectively.

Also, quote appropriate "USCIS regulations" that job offer is not required for the Eb1-EA.

By making such arguement you would emphasize that your entry in USA as a permanent resident would be extremely beneficial even though your current salary is not high, thereby diluting salary issue.
 
thanks

Very appreciate!
It seems I must ask for another support letter from my boss? And mention that my work is national interest.
By the way, May I list the average home income of our state? It seems lower than my salary.
 
You need to compare you salary with other in your field who have similar positions like that of yours (POSTDOCS). There must be a average national salary of postdocs in your "specific field of Eb1-EA". If you dont get the specific field then you need average salary in your Institute/Univ/State/USA.

A very strong support letter saying that your work would substantially benefit prospectively USA would be a very good idea. Alternately you should get more letters from peers in your field appreciating you work and prospectivel benifits to USA on your Eb1-EA approval... blah...blah...
 
NIW-Nov 04 said:
You need to compare you salary with other in your field who have similar positions like that of yours (POSTDOCS). There must be a average national salary of postdocs in your "specific field of Eb1-EA". If you dont get the specific field then you need average salary in your Institute/Univ/State/USA.

A very strong support letter saying that your work would substantially benefit prospectively USA would be a very good idea. Alternately you should get more letters from peers in your field appreciating you work and prospectivel benifits to USA on your Eb1-EA approval... blah...blah...
Click to expand...

I agree with NIW nov 04
You have to explain this salary concept and explain them indirectly that you were not asking for EB1-EA based on high salary criteria.
 
some more comments

Yes, I will prepare these according to your suggestion, however, they are some others issues I have to explain, I would like to poster one by one every time in that we can discuss each of them in the round. the second one is that :
Further evidence that the groups in which you have membership have a distinguished reputation. Submit evidence of the level of media coverage these groups have received, evidence of participation in the groups by renowned individuals, evidence of the criteria used in determining who is eligible to participate, and any other evidence that the membership roles are distinguished and exclusive, If renowned individuals participated in the events, submit evidence of those individuals' renown and acclaim. Submit evidence of your membership in organizations or associations which require outstanding achievements, include evidence of the criteria for membership.


In fact, i have list all the four membership and explain detail. Including Sigma Xi, AACR(america cancer research), AHGA(america human genetics).
 
shfat2004,
I do not understand your strategy. It is best to outline all the criterias that you have applied for and also list the details of the RFE so that others can give you good suggestions.
 
all other comments

Sorry about that, here are all others informations
Further evidence that have judged or critiqued the work of others in your field (aside from peer review writings.) The evidence should establish the significance of the work judged by the alien and the criteria used to choose the alien as a judge. Was the alien chosen through a competitive process from a pool of highly skilled candidates?
Further evidence that your (publications, articles, research) are of major significance to your profession. For example, how has your work benefited your profession or other interests? Please respond in detail and submit evidence in support of your response. How can these publications be regarded as "major" (through, For example, having a large readership or wide circulation, or a history of treating only those who are nationally or internationally renowned?) Please respond in detail and submit evidence in support of your response.
 
It looks like they are questioning every single criteria which you have claimed. I suspect your cover letter was perhaps inadequate. Do you have an attorney? This forum also have a lot of information pertaining to some of the issues you raised.
EB1-EA requires extensive documentation. For example, for every journal that you have published your work, you have to provide information on this journal (e.g., reputation in your fieldd, ISI impact factor, etc.). I guess you missed these in your documentation. At least these could have stated in the reference letters and further highlighted in the cover letter.
You need to get more refernce letters to argue these points and provide extensive documentations. In my opinion, this is almost starting the application from the scratch.
Provide sufficent documentations that you have served in the panels, as journal reviewer, editorial positions etc. This could be in the form of email inviting you to review an article etc. They need to know if you are recognized as an expert in your field as well as your reputation. Have you included citations?
 
DIY is seems not good

I prpare all items myself. It seems not good. I have to take more time to figure out all these qeustion by asking for more recommend letters. :mad:
 
low impact factor is a problem

I have a lot of papers, but all of them in lower impact factors journal. It seems not good to list their information?
 
i140 same RFE

Dear Shfat2004,

Great congratulations for you i140 approvement, and wish your i485 be approved soon!

I file my I140/i-485 together with my wife's I-485, I-765 and her I-131 together, they are received on Sep20, 2006, and FP 10/05/2006, my wife's I-131 approved on 10/17/2006, and her I-765 approved on 10/24/2006, my I-140 got RFE on 10/23/2006, the RFE is same with yours. Would you like to give me some detail information on how you prepared your RFE? If you don't mind, please drop me an e-mail to hiallhappy@yahoo.com. Thank you very much.

Leo
 
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