EB1a RFE help

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wilfred.davis1

New Member
I had self petitioned my EB1a and have received an RFE from TSC that mentioned that my application has met three criteria. But it mentions that "in each case, the totality of the evidence must establish that the beneficiary is a)one of a small percentage who are at the very top of the field; b)has sustained national or international acclaim"

1. Judge of the work of others: I have reviewed about ten manuscripts. I had sent letters from the editor-in-chief mentioning why they chose me etc., Do you think I have to cite that in my cover letter or get more persuasive letters from the them or others? Any suggestions for additional evidence to meet the requirements of totality test are much appreciated.

2. Original scientific contributions: I had submitted 11 letters, 8 from independent sources. they have asked for " objective documentary evidence of the significance of beneficiary's contribution to the field; documentary evidence that people throughout the field consider the beneficiary's work important" . Suggestions on evidence for this criteria please.

3. Articles in professional journals. Along with the ~17 articles, I had submitted in detail how many citations and how it impacted the filed. None of that discussion was mentioned in the notice I received. Should I resubmit all the citations? Or are they looking or something else?

Also, the RFE is dated Nov 16. I need to submit before 30 days. Is it ok if my response is post-dated by Dec 16? OR should they receive my response by Dec 16?

I would greatly appreciate any insights. It would be very valuable if some one had submitted RFE, could you please share it (probably send it to my email ID)?

Thanks a bunch.
 
You need to show that your work is EXTREMELY important in the specific field. You have not mentioned what that field is. The field must be very clearly defined.

What results do you get when you google yourself? And for your specific field of research?

FROM: http://www.uscis.gov/portal/site/us...nnel=4505a6c515083210VgnVCM100000082ca60aRCRD

In two classifications of immigrant workers, the workers are not required to have a job offer and may self-petition (the worker does not need an employer to sponsor them). These categories include:

Individuals of extraordinary ability in the sciences, arts, education, business or athletics, (E11)
Individuals who were granted a National Interest Waivers (NIW), (E21)

Note: You may NOT self petition based on employment, if you are not in one of these two categories,. For other employment based green cards, see the “Green Card Through a Job Offer” or “Green Card Through Investment” links to the left under “Green Card Through a Job.”

Individuals of extraordinary ability are considered to be the best of the best in their field and it is an eligibility category that applies to very few individuals. Examples of who may be considered an E11 immigrant include Nobel Prize winners, notable professional sports players, and others who have achieved great successes in their field.

SEE THIS AAO DECISION: http://www.uscis.gov/err/B2 - Alien...ecisions_Issued_in_2010/Apr292010_02B2203.pdf
AND
http://www.ca9.uscourts.gov/datastore/opinions/2010/03/04/07-56774.pdf
 
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My field is endocrinology/immunology. Here are my credentials: original contribution (11 recom letters, eight independent researchers), near 30 citations); authorship: 15 journal articles; nearly 50 citations); judge of others work (review for several journals, conference proceedings, organizing/coorganizing conferences/symposiums) the other criteria did not meet the requirements.
 
I would strongly recommend the DIY package if you still don't have it. I would do a few things.
Get letters from the peers who have used your work in their research. They count the most.
Get letters from the Editors of journals asking them specifically what were the criteria for chosing you as a reviewer.
I think you should resubmit the citations. may be with the cover pages of those articles.

BTW when did you apply for EB1?

Good luck

wilfred.davis1 said:
I had self petitioned my EB1a and have received an RFE from TSC that mentioned that my application has met three criteria. But it mentions that "in each case, the totality of the evidence must establish that the beneficiary is a)one of a small percentage who are at the very top of the field; b)has sustained national or international acclaim"

1. Judge of the work of others: I have reviewed about ten manuscripts. I had sent letters from the editor-in-chief mentioning why they chose me etc., Do you think I have to cite that in my cover letter or get more persuasive letters from the them or others? Any suggestions for additional evidence to meet the requirements of totality test are much appreciated.

2. Original scientific contributions: I had submitted 11 letters, 8 from independent sources. they have asked for " objective documentary evidence of the significance of beneficiary's contribution to the field; documentary evidence that people throughout the field consider the beneficiary's work important" . Suggestions on evidence for this criteria please.

3. Articles in professional journals. Along with the ~17 articles, I had submitted in detail how many citations and how it impacted the filed. None of that discussion was mentioned in the notice I received. Should I resubmit all the citations? Or are they looking or something else?

Also, the RFE is dated Nov 16. I need to submit before 30 days. Is it ok if my response is post-dated by Dec 16? OR should they receive my response by Dec 16?

I would greatly appreciate any insights. It would be very valuable if some one had submitted RFE, could you please share it (probably send it to my email ID)?

Thanks a bunch.
Click to expand...
 
Bigjoe5:Thank you for your feedback. My petition was EB-1a and was not employment based.
dollar500: I had used the DIY package to put together the application. Thanks for the feedback. I had applied in April, 2010. Actually I had submitted letters from the editor-in-chief explaining criteria for selection of reviewers the first time itself. May be that info was overlooked. I will submit that again.
 
wilfred.davis1 said:
Bigjoe5:Thank you for your feedback. My petition was EB-1a and was not employment based.
dollar500: I had used the DIY package to put together the application. Thanks for the feedback. I had applied in April, 2010. Actually I had submitted letters from the editor-in-chief explaining criteria for selection of reviewers the first time itself. May be that info was overlooked. I will submit that again.
Click to expand...

I just wanted to add there is a DIY kit for RFE as well. i think you'll do ok.
 
Did you evaluate your evidence in accordance with the 2 part test as described in the 9th Circuit Decision? AAO has adopted it as the standard so the adjudicator deciding your petition should be following the same steps. If you can clearly articulate how your evidence (new and previously submitted) fits in the cited test and include a brief write-up as a cover letter with your response, citing to the decisions, it would help your case move more quickly upon review of your response to the RFE.

Good Luck,
 
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