EB1-OR RFE - help!

jolapo

New Member
This is my 2nd applications within 4 years. The last case was also EB1-OR, but got RFE first, then got rejected.

This time, I got a long list of RFE. H1-B is in the 4th year. We are so frustrated. The attorney is not working hard on our case. And we were trusting her too much, and didn't do good job by ourselves. Now I have to completely rely on ourselves, not her any more. Folks, your help will be really appreciated.

The following is the attachment of RFE. For some items, I'm really confused, and no clue what to do. They were actually asking for everything. Comments/suggestions, please!

**********

The evidence you have submitted does not establish eligibility for this classification.

You must submit additional evidence which clearly demonstrates that the alien is recognized internationally as outstanding in the specific academic area.

If the evidence includes awards or prizes, explain the reputation of the organization granting the award, the significance of the award, and the criteria used to select the recipient.

If the evidence includes memberships in associations in the field, submit evidence of the requirements which must be met for membership.

If the evidence includes published material about the alien's work, it must clearly indicate that the work is significant. An unevaluated listing in a subject natter index of footnote, or a reference to the work without evaluation is insufficient.

If the evidence includes participation as a judge of the work of others in the field, explain the criteria for selection as a panelist, reviewer, etc.

If the evidence includes original scientific, scholarly, artistic, athletic, or business-related contributions, submit evidence of the importance of such contributions to the field. Evidence that those outside the alien's circle of colleagues and acquaintances consider the work important is especially valuable.

If the evidence includes authorship of scholarly articles, explain the significance of the publications in which they appeared.

The Service acknowledges the letter signed by Professor XXX, which outlines the terms of the offered employment. However, this letter does not clearly demonstrate that the beneficiary has been extended a permanent offer of employment as the pertinent regulations define that term.

Title 8, Code of Federal Regulations, part 204.5(i)(3)(iii)(B), requires that your petition must be accompanied by an offer of employment which "shall be in the from of a letter from a United States university or institution of higher learning offering the alien a permanent research position in the alien's academic field." Since the petitioner is the university, we must see evidence that the university's hiring officials, Provost office, and/or human resources department consider the beneficiary's employment to be permanent rather than a typical, temporary postdoctoral position, a renewable annual contract, or other non-permanent and therefore non-qualifying type of employment.

Therefore, please submit a photocopy of the lettter signed and dated prior to the petition's filing form from an administrative hiring authrority fo the university addressed to the beneficiary providing the precise terms of employment offering a tenured or tenure-track teaching position or a permanent research position in the alien's academic field. It is expected that the submitted letter will identify the beneficiary's expected rate of compenstation and any factors that might necessiate the termination of the employment relationship. Please note that any statement made regarding "good cuase" termination must be accompanies by a listing of all factors that might impact a "good cause" termination of the emploiyment. Statements form professors are insufficient unless accompanied by evidence from an ...
 
You must submit additional evidence which clearly demonstrates that the alien is recognized internationally as outstanding in the specific academic area.

If the evidence includes awards or prizes, explain the reputation of the organization granting the award, the significance of the award, and the criteria used to select the recipient.

Well, I have no idea about your background but if you have an award get a letter from either panel of people who gave you that award or higher authority of same. The letter should state how many were comepeting, why they choose you & significance of your work too.

If the evidence includes memberships in associations in the field, submit evidence of the requirements which must be met for membership.

Membership letters and criteria should be easy to get. just write to membership CC people and they will provide one. essentially saying that you are an asset to that membership.

If the evidence includes published material about the alien's work, it must clearly indicate that the work is significant. An unevaluated listing in a subject natter index of footnote, or a reference to the work without evaluation is insufficient.

If you are researcher take out all citation about your work and present them as if you are the best. Anything good about your work and you on net stress that or get more letters from independent scientists stressing those are great citations.

If the evidence includes participation as a judge of the work of others in the field, explain the criteria for selection as a panelist, reviewer, etc.

this should be simple editor do that happily.

If the evidence includes original scientific, scholarly, artistic, athletic, or business-related contributions, submit evidence of the importance of such contributions to the field. Evidence that those outside the alien's circle of colleagues and acquaintances consider the work important is especially valuable.

you need bunch of independent letters saying you are outstanding and there is no replacement to you in your work.

If the evidence includes authorship of scholarly articles, explain the significance of the publications in which they appeared.

get letters from journal editors about circulations, distributions and impact of your work.

The Service acknowledges the letter signed by Professor XXX, which outlines the terms of the offered employment. However, this letter does not clearly demonstrate that the beneficiary has been extended a permanent offer of employment as the pertinent regulations define that term.



Title 8, Code of Federal Regulations, part 204.5(i)(3)(iii)(B), requires that your petition must be accompanied by an offer of employment which "shall be in the from of a letter from a United States university or institution of higher learning offering the alien a permanent research position in the alien's academic field." Since the petitioner is the university, we must see evidence that the university's hiring officials, Provost office, and/or human resources department consider the beneficiary's employment to be permanent rather than a typical, temporary postdoctoral position, a renewable annual contract, or other non-permanent and therefore non-qualifying type of employment.

Therefore, please submit a photocopy of the lettter signed and dated prior to the petition's filing form from an administrative hiring authrority fo the university addressed to the beneficiary providing the precise terms of employment offering a tenured or tenure-track teaching position or a permanent research position in the alien's academic field. It is expected that the submitted letter will identify the beneficiary's expected rate of compenstation and any factors that might necessiate the termination of the employment relationship. Please note that any statement made regarding "good cuase" termination must be accompanies by a listing of all factors that might impact a "good cause" termination of the emploiyment. Statements form professors are insufficient unless accompanied by evidence from an ...[/QUOTE]

permanent issue!
read all threads by NSCEb1, krendel, pcr, pamit they talk abot this issue get letter saying permanent nature of your job from human resource, dean, employer and business office. Also read AAO decisions from NSC as they are mostly about permanent positions.
 
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jolapo

You have to respond about International Recognition and Permanent Post. I got similar RFE for International Recognition. You can check my posts/threads started by me. We responded by providing:

1. Evidence of international reputation of journals where I had published (including brochure for the papers)

2. Reputation of international papers which I had reviewed (taking the letters from the editors). All the evidence MUST have INTERNATIONAL word in it.

3. Letters from the authors from different continents/ geographical location the world over. Your best bet would be your citing authors who can state that they have benefited from your research. (Take as many new letters as possible).


Regarding Permanent

Put in your intial letter of employment and attach a letter from someone higher up in the hiearchy.

I hope this helps.

Sandy
 
To demonstrate the significance of your research, find the impact factors of the journals where you article were published (if impactors factors are larger than arerage in your field). Go to the journal website, find some sentences the journal boasts itself like "the 2nd most cited journal in XXX field". Also find the editor list to show that editors are from all over the world and are all established guys.
 
permanent position

I got the rfe and permanency is one of the issue in it for my Eb1 OR. I got a joint letter from chairman of my dept and the dean saying the exact words as such in the 8CFR ......in the law.

If you can, get something like this " His position as XXXXX in the dept of xxxxxxwas permanent from the time the offer was made (mm/yy) and it remained the same at the date of application of I-140 petition (ddmmyy). It continues and will remain permanent for the foreseeable future. Accodring to the University policies, a permanent research position means that it is for a term of indefinite or unlimited duration and the employer is assured the complete expectation of continued employment". try to avoid any "if" and however" in the letter. It worked for me.

good luck...
 
this format has everything they want!

Dear Dr You:

I am pleased to offer you a position as a Research XX in the Department of XXX University of XXX as of Date. We offer you an annual salary of $XXX which will be paid from the general budget of the department. This position is a permanent research position with an expectation of continued employment unless there is good cause for termination.

The offered position requires at least a PhD degree. We are very excited about the scope of your proposed role in the department. As discussed over the phone/inteview, you are expected to play a leading role on a research project dealing with investigation of XXX.

The University offers a full range of benefits for full-time Research XXX, including health insurance and retirement programs. You should receive a packet of descriptive information, sign-up forms and instructions prior to your start date. The signed forms must be returned to the Department of Human Resources as soon as possible in order to complete your employment processing.

BOSS/DEAN/BUSINESS OFFICE


relation between Employer and you is establish when you both sign this kind of document
 
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jolapo said:
This is my 2nd applications within 4 years. The last case was also EB1-OR, but got RFE first, then got rejected.

This time, I got a long list of RFE. H1-B is in the 4th year. We are so frustrated. The attorney is not working hard on our case. And we were trusting her too much, and didn't do good job by ourselves. Now I have to completely rely on ourselves, not her any more. Folks, your help will be really appreciated.

The following is the attachment of RFE. For some items, I'm really confused, and no clue what to do. They were actually asking for everything. Comments/suggestions, please!

**********

The evidence you have submitted does not establish eligibility for this classification.

You must submit additional evidence which clearly demonstrates that the alien is recognized internationally as outstanding in the specific academic area.

If the evidence includes awards or prizes, explain the reputation of the organization granting the award, the significance of the award, and the criteria used to select the recipient.

If the evidence includes memberships in associations in the field, submit evidence of the requirements which must be met for membership.

If the evidence includes published material about the alien's work, it must clearly indicate that the work is significant. An unevaluated listing in a subject natter index of footnote, or a reference to the work without evaluation is insufficient.

If the evidence includes participation as a judge of the work of others in the field, explain the criteria for selection as a panelist, reviewer, etc.

If the evidence includes original scientific, scholarly, artistic, athletic, or business-related contributions, submit evidence of the importance of such contributions to the field. Evidence that those outside the alien's circle of colleagues and acquaintances consider the work important is especially valuable.

If the evidence includes authorship of scholarly articles, explain the significance of the publications in which they appeared.

The Service acknowledges the letter signed by Professor XXX, which outlines the terms of the offered employment. However, this letter does not clearly demonstrate that the beneficiary has been extended a permanent offer of employment as the pertinent regulations define that term.

Title 8, Code of Federal Regulations, part 204.5(i)(3)(iii)(B), requires that your petition must be accompanied by an offer of employment which "shall be in the from of a letter from a United States university or institution of higher learning offering the alien a permanent research position in the alien's academic field." Since the petitioner is the university, we must see evidence that the university's hiring officials, Provost office, and/or human resources department consider the beneficiary's employment to be permanent rather than a typical, temporary postdoctoral position, a renewable annual contract, or other non-permanent and therefore non-qualifying type of employment.

Therefore, please submit a photocopy of the lettter signed and dated prior to the petition's filing form from an administrative hiring authrority fo the university addressed to the beneficiary providing the precise terms of employment offering a tenured or tenure-track teaching position or a permanent research position in the alien's academic field. It is expected that the submitted letter will identify the beneficiary's expected rate of compenstation and any factors that might necessiate the termination of the employment relationship. Please note that any statement made regarding "good cuase" termination must be accompanies by a listing of all factors that might impact a "good cause" termination of the emploiyment. Statements form professors are insufficient unless accompanied by evidence from an ...


To help you it would be good if you could write what kind of evidences you included in your original petition.
 
EB1Doc?

EB1Doc,

In the last line you wrote "Relationship between employer and employee valid...."

I got my employment letter which was signed by Vice President and on bottom it said that I should sign and return a copy of the letter to HR department which will indicate that I have accepted the employment. However, I never signed and returned it back - and I started working. I submitted a copy of the same letter for my EB1-OR petition. Do you think that will be a problem?
 
Well satu, Even I have seen one of the AAO decision which had explained this at NSC center. Don't worry!! it vary from case to case.
 
Satu, Well Kiran has answered for me already!
When I was going thru my reading over permanent issue. AAO decisions from NSC (2004) were my major guide. AT one point AAO had objected that petitioner and beneficiary relation was not established in any of the document. In your case you said you have been given such letter. Basically that becomes your offer letter. You can as well sign now and send them your signed copy in case they ask you for that one. My colleauges were fine in EB1-OR even without that...... moral is don't worry !!! It all depends and its just one trivial issue !!!
 
Thanks so much for the replies. We did read them carefully, and now good news, I-140 just got approved, and we are waiting for I-485. But now the visa quote is becoming a problem again. Sigh...
 
Jolapo,
Congratulations ! Did you submit any further reference letters other than app. letter in your RFE.
God bless you
 
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