EB1A - Intent to continue to work in the same field

triv9986

Registered Users (C)
Hi,

It seems that many of us are getting 'RFE' asking them to show proof that you will continue to work on the field for which classification is sought.

I am not sure how to prove this? Just our signed letter will work or is there any standard draft available that I can use.

Thanks,

Triv
 
Hi,

It seems that many of us are getting 'RFE' asking them to show proof that you will continue to work on the field for which classification is sought.

I am not sure how to prove this? Just our signed letter will work or is there any standard draft available that I can use.

Thanks,

Triv

Could you please specify who exactly got these RFEs? This seems to be new thing.
 
Hi,

It seems that many of us are getting 'RFE' asking them to show proof that you will continue to work on the field for which classification is sought.

I am not sure how to prove this? Just our signed letter will work or is there any standard draft available that I can use.

Thanks,

Triv

Although I have never received that RFE, I addressed that question by providing a copy of a current contract related to my work in my field of expertise. The general regulation (from I-140 form) states, "Evidence that the alien is coming to the United States to continue work in the area of expertise. Such evidence may include letter(s) from prospective employer(s), evidence of prearranged commitments such as contracts, or a statement from the alien detailing plans on how he or she intends to continue work in the United States." I also included a statement to that effect in my cover letter. Hope this helps!
 
I put it in my cover letter this way..

First I cited the law (in the section where I detailed the applicable law for EB1A)

*****************************
(please check, I do not remember where I got it from)

Pursuant to § 204.5(h)(5) of the 8 CFR, the petition must be accompanied by clear evidence that the alien is coming to the United States to continue work in the area of expertise. Such evidence may include letter(s) from prospective employer(s), evidence of prearranged commitments such as contracts, or a statement from the beneficiary detailing plans on how he or she intends to continue his or her work in the United States.

The statement from the beneficiary Dr. XX (also the petitioner) in regard to § 204.5(h)(5) of the 8 CFR is in the section ** of this document.

******************

Then in the same letter and later...in Section **

I put in a statement describing my specialization
and also said this "I plan to continue research in the field of *** in one of the following settings (a) in a university as a faculty, (b) at a national research laboratory, (c) a private research foundation or (d) an industry."
 
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