EB1 EA RFE: Help need urgently

eb2pharmacy

Registered Users (C)
Dear Friends:
thanks to the excellent contributors of this forum, I have gathered lots of information from this forum and self petitioned EA at NSC. I have received RFE yesterday which I have to answer by Aug 7th. I need all the help and suggestions I can get soon, to answer the RFE.

Here is the summary of my qualifications.
1) Ph.D. in Pharmacuetical Sciences and working in a pharmaceutical industry for the past 2 years.
2) 11 publications (9 international journals, 2 national journals). More than 10 conference presentations out of which 2 are invited presentations.
3) About 50 independent citations.
4) Reviewed articles 10 times for 6 international journals
4) Membership in 2 organizations.
5) My work (but not about me) was discussed in pharmacy.com and extensively in various review articles.
6) Received a student travel award from an international conference.

I have claimed 1) Publications 2) Scholarly Contributions 3) Judge of others work and 4) Published material about the alien. I have received RFE against all of these claims. I will greatly appreciate your help in answering the RFE. I have only 5 weeks time to reply. Please help!!

Here is the RFE:

You are requesting classification as an alien of extraordinary ability in the sciences, arts, education, business, or athletics. However, it is not apparent that you meet the regulatory criteria for this visa classification.
The evidence submitted with the initial filing is insufficient to establish that you qualify for the benefit sought. You are requested to submit additional evidence of the type specified by regulation (shown below for your convenience) to establish eligibility for this visa classification.
Such evidence shall include evidence of a one-time achievement (that is, a major internationally recognized award) or at least three of the following. (The 10 criteria were listed and on the following criteria a comment was made.)
1) Documentation of your receipt of less nationally or internationally recognized prizes or award for excellence in the field of endeavor.
Although this criterion was not specifically claimed, it is noted that you provided a copy of letter attesting your receipt of a Travel Grant to attend xxx Symposium. Upon review of the letter it is apparent that this is an academic or student award designed for graduate scholars involved in xxx research. The Service maintains that student awards such as scholarships, fellowships, and other forms of academic recognition do not satisfy this criterion. Therefore, if you have received any lesser nationally or internationally recognized prizes or awards of excellence in the field of endeavor, you must provide copies of the awards. You must also submit evidence that establishes the nature and purpose of the award, the significance of the award, its scope, the requirements necessary to compete for the award, and the criteria utilized to select the recipient.

2) Published material about you in professional or major trade publication or other major media relating to your work in the field for which classification is sought. (Mere reference to your work or inclusion of your publications in bibliographies or footnotes is insufficient). Such evidence must include the title, date, and author of the material, and any necessary translation.
The Service acknowledges the article that appeared on the website pharmacychoice.com. However, this article is not primarily about you as it only briefly references your name. Further, the Service is not persuaded, nor does the record establish, that this source can be considered commensurate with major media. The service also acknowledges the review articles that appeared in Biomacromolecules and Current Opinion in Chemical Biology. While these articles may cite your work, they do not pertain to you. The service maintains that citations do not constitute published material in major trade publications or other major media within the context of this criterion. Your citations will be considered under more relevant criterion.
If you have any published material about yourself in major media, please provide copies of the articles. You must also provide evidence that illustrates the nature and purpose of the publication including its distribution/circulation.

3) Evidence of your participation on a panel, or individually, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;
You provided evidence which indicates you have been invited to review manuscripts for several professional journals. Please provide evidence which demonstrates any acclaim that you have received as result of performing this function.

4) Evidence of your original scientific, scholarly, artistic, athletic or business-related contributions of major significance in the field;
The Service acknowledges the numerous testimonial letters from peers, colleagues, and professionals within your field. The authors attest your talents, abilities, and research accomplishments, particularly your research involving PAMAM dendrimers. However, no convincing evidence have been supplied to demonstrate that you have reached a level of expertise indicating that you are one of that small percentage who have risen to the very top of the field of endeavor.
To satisfy this requirement, objective evidence regarding the significance of your original contributions is requested. Additional evidence should corroborate your individual role in any collaborative research projects in order to ascertain what degree of credit can be reasonably attributed to you relative to your colleagues.

5) Evidence of your authorship of scholarly articles in the field, in professional or major trade publications or other major media;

The record contains information which indicates you have authored/co-authored articles in the field that have been cited by other researchers. It also appears that you have presented your research findings at various conferences and symposia. It is expected that researchers will publish articles discussing their research and present their findings in forums which allow for dissemination of the work. It does not follow that all scientists who publish articles in peer-reviewed journals and have their work cited enjoy sustained acclaim in their field. Therefore you much submit an explanation along with corroborating documentary evidence that establishes how the articles have impacted the field. Also, while you have provided some examples of your citations, the evidence does not clearly establish the number of citations that each of your works have received. Therefore, you must submit documentary evidence form an identifiable electronic database that establishes the number of independent citations that each of your works have received.

The mere submission of three or more of the above items may not establish eligibility of this classification. Extraordinary ability is defined as “a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor.” The evidence must clearly demonstrate that you have sustained national or international acclaim and that your achievements have been recognized as extraordinary by others in the field.
 
The only suggestion I can give is to get more letters. These letters should emphasize the critical nature of your contributions to the field. They must effectively compensate for the lack of other documentary evidence by illustrating your achievement in the field as well as the dependence of others on your work. Letters from top-tier scientists who can attest to your work and importance of it is the way to go.

Also, check for more citations from the papers that were published before your submission date. You cannot add more publications that were published since then, but you can certainly add more citations of the previously-published papers if you have some, especially if they discuss your work in detail.
 
Here are some of my thoughts:

1. It is probably safe to avoid this like you have in your original claim.

2. If you can get a letter from the review author(s) about your work, that would work. Also, is there a paper form for the website they mention?

3. I recommend that you get letters from editors that invited you to review the manuscripts. They generally write good letters. Also, point out that the reviewers do not get any acclaims for their pro-bono work. Only very few journals (Phys Rev Lett, for example) gives out best reviewer awards. If you can provide evidence that no journals in your field (Pharmacy) recognizes reviewers by an award, that would be good.

Additionally, the editors typically send out review decision letters to reviewers that they think (heavily) influenced the decision/outcome of the review. In them they say that the decision to publish/not publish was made (solely) based on your recommendation. Such letters would play an important role.

4. This one is easy. Good news is that the USCIS recognizes that you have the required merit but they need to see numbers. Provide statistics on how many (or more importantly, what percentage) of those working in your area have published and collaborated/involved in the number of projects that have similar credentials such as papers/citations etc. Use some database such as Scopus or SciFinder or ISI Web of Science that the USCIS recognizes. If you have reviewed papers you should automatically get access to Scopus, which imo is the best database in terms of updates.

5. Again, documentary evidence from an electronic database is what they are asking for. A separate list of your papers and their (independent) citations would help. Get print outs of the papers that cite your work and highlight the part that discusses your work. Add some text on the cover letter about this.

Good luck!
 
In the criteria 2 (RFE letter) did you mention reference of your work in Reviews as major recognition of your self?
If so, then that is wrong.
From what ever I could see
the four criteria you claimed may not be that solid. You have very good two.
may be part of three.

1) Publications
You are fine with this.

2) Scholarly Contributions
You are fine with this too

3) Judge of others work
This is basically part of your work. Unless you judged more than 30-40 papers it is hard to convince USCIS officer.

4) Published material about the alien
Mere reference in the review and web site may not be very solid in your case.


Get some more letter and include wordings like
"XXX work influenced me",
"Based on XXX observation I have modified part of my work" etc.

Good luck. I wish you succeed.
 
thanks for the advice and need more

jk0274, GC-Hopes & NIW_help:
thanks for your valuable suggestions. I already sent few requests to few scientists who have cited my work requesting letters. Also I will approach editors for the letters and may be request them to state that Reviewers are formally not acclaimed (at least in my research area).

1. It is probably safe to avoid this like you have in your original claim.
I am not going to say anything about award2. If you can get a letter from the review author(s) about your work, that would work. Also, is there a paper form for the website they mention?
With original petition I submitted a letter from the review author who stated that my work influenced the work of his research group. I need to findout if they have a magazine version of the website. Main issue is the article discusses one of my 1st author publication. If I understood correct, Examiner wants that paper to discuss exclusively about me and my accomplishments. 3. I recommend that you get letters from editors that invited you to review the manuscripts. They generally write good letters. Also, point out that the reviewers do not get any acclaims for their pro-bono work. Only very few journals (Phys Rev Lett, for example) gives out best reviewer awards. If you can provide evidence that no journals in your field (Pharmacy) recognizes reviewers by an award, that would be good.
I will try to get letters from the editors. Also I have performed a review of book proposal for Wiley Publishers after filing I-140 and received a Honarorium of $100. I am not sure whether I can say that this is an acclaim for review work.Additionally, the editors typically send out review decision letters to reviewers that they think (heavily) influenced the decision/outcome of the review. In them they say that the decision to publish/not publish was made (solely) based on your recommendation. Such letters would play an important role.

4. This one is easy. Good news is that the USCIS recognizes that you have the required merit but they need to see numbers. Provide statistics on how many (or more importantly, what percentage) of those working in your area have published and collaborated/involved in the number of projects that have similar credentials such as papers/citations etc. Use some database such as Scopus or SciFinder or ISI Web of Science that the USCIS recognizes. If you have reviewed papers you should automatically get access to Scopus, which imo is the best database in terms of updates.
GC-Hopes, I could not completely grasped the idea here. How exactly can I compare my publications/citations with others using scopus/Web of Science."Additional evidence should corroborate your individual role in any collaborative research projects in order to ascertain what degree of credit can be reasonably attributed to you relative to your colleagues.". Do I need to get a letter from my ex-adviser and collaboraters to say that I have done major work of these projects?
5. Again, documentary evidence from an electronic database is what they are asking for. A separate list of your papers and their (independent) citations would help. Get print outs of the papers that cite your work and highlight the part that discusses your work. Add some text on the cover letter about this.

I have about 25 citations for 1 paper + 10 citations each for couple more papers. I dont know whether it will negatively affect my case.

In the criteria 2 (RFE letter) did you mention reference of your work in Reviews as major recognition of your self?
Yes. But the review articles not just cited but extensively discussed about 2 pages about my work including figures etcIf so, then that is wrong.
From what ever I could see
the four criteria you claimed may not be that solid. You have very good two.
may be part of three.

1) Publications
You are fine with this.

2) Scholarly Contributions
You are fine with this too

3) Judge of others work
This is basically part of your work. Unless you judged more than 30-40 papers it is hard to convince USCIS officer.
This criterion is least questioned by the examiner compared with others, so I am hoping with letters from editors I could effectively answer this criterion4) Published material about the alien
Mere reference in the review and web site may not be very solid in your case.
 
"I could not completely grasp the idea here. How exactly can I compare my publications/citations with others using scopus/Web of Science."

I was trying to make a point on the first of these two issues:

4a. However, no convincing evidence have been supplied to demonstrate that you have reached a level of expertise indicating that you are one of that small percentage who have risen to the very top of the field of endeavor.
To satisfy this requirement, objective evidence regarding the significance of your original contributions is requested.

Objective evidence indicating that you have risen to the top of your field must begin by defining the field. For example, if you take PAMAM dendrimers, then you can come up with a list of who's who in that field. You can use these databases to get a list of who's done what and then analyze the impact of each of these works. It helps if you narrow down your field around what you have contributed. I can safely say that (even though I'm filing my EB1 in my field), my level of understanding about PAMAM dendrimers is probably the same as that of the immigration officer who reviewed your case. If I were the IO, then I would want to know what this field is all about (in layman's terms) and who's done what and how much of your work is important to the field and in what way it has influenced.

Alternatively, the analysis might indicate that this field is very new and the citations could be lower because your work is recent. In that case, letters from established authorities should help if corroborated by a similar analysis for that authority (as to why he/she is the authority)


4b. Additional evidence should corroborate your individual role in any collaborative research projects in order to ascertain what degree of credit can be reasonably attributed to you relative to your colleagues.
 
GC-Hopes,
thanks for your explanation. I will try to do a comparison as suggested.
Also one of my works were highlighted on the coverpage of Journal of Biomedical Nanotechnology. Another one was cited in highlighted publications list of another jorunal. How can I show this as evidence of significant recognition of my work. Another unrelated question is, Do I need to submit new evidence as well as old evidence that I enclosed with orginal petition while answering RFE. How safe is to present evidence that arised after initial filing? Any suggestions from members who succesfully defended RFE is greatly appreciated.
 
GC-Hopes,
thanks for your explanation. I will try to do a comparison as suggested.
Also one of my works were highlighted on the coverpage of Journal of Biomedical Nanotechnology.
Why did you miss this in the original application. This is a documentary evidence of your work and may be used as the media publicity you have claimed. Write about that clearly in your cover letter. Devote a separate paragraph.
Another one was cited in highlighted publications list of another jorunal.
Let one of the reviewer write like this. "after seeing the said publication, they invited you to review article for their journal". Let him also write XXX is well established in this field blah blah. The particular publication helped them make their decision.

How can I show this as evidence of significant recognition of my work. Another unrelated question is, Do I need to submit new evidence as well as old evidence that I enclosed with orginal petition while answering RFE. How safe is to present evidence that arised after initial filing? Any suggestions from members who succesfully defended RFE is greatly appreciated.
Even though the evidence acquired after the filing date will not be considered in making the decision, send them as separate section and claim that you are still doing excellent work. If those work are based on previous poster/presentation just make a note that it takes couple of months to get publication approved.
 
NIW_help is right. There is a phrase somewhere in the requirements on 'sustained acclaim'. So, submit the evidences acquired after the filing date as a separate section and claim you/your work is sustaining its impact.

Also, why did you miss the coverpage? Was it after the filing? That's a dream even for established faculty members...

Good luck!
 
Yes, Stupid me, I missed the chance to highlight about the 'coverpage' in the cover letter. It came just before I submit the application and I attached the coverpage along with article and submitted. Yes NIW_help, I could argue for the continued 'sustained acclaim' using the recently acquired evidence.
 
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