EB2 NIW RFE- Please help and decipher

[rebecca311]

I submiited my I140 in October(DIY) and received the following 1 page RFE

To qualify for an exemption from the requirement of a job offer, and thus of a labor certification, you must submit additional evidence to support your claim that such exemption would be in the national interest.

The specific evidence you must provide to establish eligibility for a national interest waiver is as detailed below, pursuant to Matter of New York State Dept. of Transportation, 22 I&N Dec. 215 (Comm. 1998), (Acting Assoc. Comm'r, Programs, Aug. 7, 1998).

You must provide evidence which addresses your eligibility under each of the following:

1. Provide evidence the benefits of your proposed employment will be national in scope. Your employment may be limited to a particular-geographic area._ However, you mu~t establish b~nefit to more than ~ particular region of the country. Moreover, there should be little or no adverse impact on the interests of other regions of the country.

2. Submit evidence you seek employment in an area of substantial intrinsic merit. Your employment must be important to the national interests of the United States. Additionally, the benefits of your employment should be immediately apparent to the national interests of the United States.

3. Submit evidence related to your ability to perform the duties of the proposed employment position. To be considered in the national interest you must make a showing significantly above that necessary to prove the "prospective national benefit" required of all aliens seeking to qualify as "exceptional". Exceptional is defined under Service regulation as " a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business."

4. You must persuasively demonstrate that the national interest would be adversely affected if a labor certification were required. You must demonstrate that it would be contrary to the national interest to potentially deprive the prospective employer of your services by making available to U.S. workers the position you seek. If self-employed, you must also establish the national interest would be adversely affected if a labor certification were required.

5. You must establish you are not seeking a national interest waiver based on a shortage of qualified workers in a given field, regardless of the nature of the occupation. The national interest waiver in not warranted solely for the purpose of ameliorating a local labor shortage.

6. If you demonstrate that you hold a patent or are responsible for an innovation, then you must demonstrate that the specific innovation serves the national interest.

7. You must establish you have a past record of specific prior achievement which justifies projections of future benefit to the national interest. You must establish, in some capacity, your ability to serve the national interest to a substantially greater extent than the majority of your colleagues. You must demonstrate to some degree your influence on your field of employment as a whole.

Please respond to each applicable criterion, by indicating which specific document(s) demonstrate your eligibility. Our prelimary review of this petition indicates that, while you appear to have been an excellent student, your professional achievements, as measured by your research achievements, list of publications, grant applications, etc., appear to fall short of the requirements for this classification (E-21/national interest waiver).

I submiited 6 Recommendation letters and still get this complex RFE
HELP AND TELL ME WHAT TO DO HERE!

 

[eb1doc]

I submiited my I140 in October(DIY) and received the following 1 page RFE

To qualify for an exemption from the requirement of a job offer, and thus of a labor certification, you must submit additional evidence to support your claim that such exemption would be in the national interest.

sorry about RFE
need to prove
1.how labor will affect your work and thus national interest.
2.of course emphasis of natinal interest with respect to time and labor avaliability.

The specific evidence you must provide to establish eligibility for a national interest waiver is as detailed below, pursuant to Matter of New York State Dept. of Transportation, 22 I&N Dec. 215 (Comm. 1998), (Acting Assoc. Comm'r, Programs, Aug. 7, 1998).

You must provide evidence which addresses your eligibility under each of the following:

1. Provide evidence the benefits of your proposed employment will be national in scope. Your employment may be limited to a particular-geographic area._ However, you mu~t establish b~nefit to more than ~ particular region of the country. Moreover, there should be little or no adverse impact on the interests of other regions of the country.

2. Submit evidence you seek employment in an area of substantial intrinsic merit. Your employment must be important to the national interests of the United States. Additionally, the benefits of your employment should be immediately apparent to the national interests of the United States.

3. Submit evidence related to your ability to perform the duties of the proposed employment position. To be considered in the national interest you must make a showing significantly above that necessary to prove the "prospective national benefit" required of all aliens seeking to qualify as "exceptional". Exceptional is defined under Service regulation as " a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business."

4. You must persuasively demonstrate that the national interest would be adversely affected if a labor certification were required. You must demonstrate that it would be contrary to the national interest to potentially deprive the prospective employer of your services by making available to U.S. workers the position you seek. If self-employed, you must also establish the national interest would be adversely affected if a labor certification were required.

5. You must establish you are not seeking a national interest waiver based on a shortage of qualified workers in a given field, regardless of the nature of the occupation. The national interest waiver in not warranted solely for the purpose of ameliorating a local labor shortage.

for above four you need more concrete letters than you had submitted earlier essentially saying all points of NIW

6. If you demonstrate that you hold a patent or are responsible for an innovation, then you must demonstrate that the specific innovation serves the national interest.

i beleive need letters from industrial or other people who can benefit from ur patent coming into approval

7. You must establish you have a past record of specific prior achievement which justifies projections of future benefit to the national interest. You must establish, in some capacity, your ability to serve the national interest to a substantially greater extent than the majority of your colleagues. You must demonstrate to some degree your influence on your field of employment as a whole.

They apparently not yet convinced that you are the best 1-2 % in your area....better explaination and add ing achievment list (which shd effectively show projection of already submitted documents) and good quality letters stating you are outstanding 1-2% will help

Please respond to each applicable criterion, by indicating which specific document(s) demonstrate your eligibility. Our prelimary review of this petition indicates that, while you appear to have been an excellent student, your professional achievements, as measured by your research achievements, list of publications, grant applications, etc., appear to fall short of the requirements for this classification (E-21/national interest waiver).

I submiited 6 Recommendation letters and still get this complex RFE
HELP AND TELL ME WHAT TO DO HERE!

might also want to consider lawyer for consultation

 

[rebecca311]

Thanks for the reply eb1doc!!!Is this a RFE a really bad one?Are they asking to prove all 3 prongs? Do I have any hope?/ Can someone suggest a good lawyer?

 

[eb1doc]

Thanks for the reply eb1doc!!!Is this a RFE a really bad one?Are they asking to prove all 3 prongs? Do I have any hope?/ Can someone suggest a good lawyer?

This RFE essentially asking for additional documents. I beleive its quite normal routine now a days ato ask for that. They haven't raised any seriuos question...........which is good.

 

[houston2005]

Hey Beck

Submitting 6 letters is not sufficient nowadays for NIW.

Now to get rid of this RFE, get about 5-6 very STRONG recco letters from LEADERS in your field, not just the prof's or guys familiar to you.

Talk to the people who gave you the earlier letters and they will introduce you to other UNKNOWN recommeders who will provide you strong letters. These letters, should be well drafted and should include the national scope of your work.

Add your new publications and presnetations, citations, patents and any other supporting documents you have generated. Work as if you are preparing a new application.

Lawyers would also not be able to help you much. They will also ask for more letters and supporting evidence.

Good Luck.

 

[techy2468]

search for citations on google....and list anything that mentions your work.....(we found 3-4 sources like this).

can you provide some details so that we can suggest properly.....like how many publications, what is the area of work, how many citations, etc..

 

[rebecca311]

In the I-140 application I had submitted I had not given any publications or citations.I have 2 Publications which are first author and that too pretty recent.I do not have many citations that is why I went the route of NIW rather than OR.I work as an acaedemic researcher in Biochemistry.The previous evidence had indicated that the research I was working on was funded by NIH,NSF and American Cancer Society.Still the RFE mentions to prove that my research is national in scope

 

[honkman]

In the I-140 application I had submitted I had not given any publications or citations.I have 2 Publications which are first author and that too pretty recent.I do not have many citations that is why I went the route of NIW rather than OR.I work as an acaedemic researcher in Biochemistry.The previous evidence had indicated that the research I was working on was funded by NIH,NSF and American Cancer Society.Still the RFE mentions to prove that my research is national in scope

To be founded by NIH,NSF and American Cancer Society doesn't prove that your work is of national interest (80% of all projects in my former institute were founded by those organisations but only a very small part might have been of national interest). You need much stronger evidences, like reference letters from the top guys in your field. And they have to clearly show what is the national interest of your work and not only that is good or important.

 

[EB2help]

My case was similar: i submitted 5 references only (but they ought to come from influential persons in fields). I think strong recommendations letters are essential on top, you should submit the articles which are published as first author (in addition if you have some manuscripts under submission add them with your CV). Also, if possible try to add CV's of any of the person who is internationally well known. Last but not the least, if possible consult your boss if he could arrange a reference letter from NIH itself (i am sure he could do this much for you).

 

[trojanblue]

I submiited my I140 in October(DIY) and received the following 1 page RFE

To qualify for an exemption from the requirement of a job offer, and thus of a labor certification, you must submit additional evidence to support your claim that such exemption would be in the national interest.

The specific evidence you must provide to establish eligibility for a national interest waiver is as detailed below, pursuant to Matter of New York State Dept. of Transportation, 22 I&N Dec. 215 (Comm. 1998), (Acting Assoc. Comm'r, Programs, Aug. 7, 1998).

You must provide evidence which addresses your eligibility under each of the following:

1. Provide evidence the benefits of your proposed employment will be national in scope. Your employment may be limited to a particular-geographic area._ However, you mu~t establish b~nefit to more than ~ particular region of the country. Moreover, there should be little or no adverse impact on the interests of other regions of the country.

2. Submit evidence you seek employment in an area of substantial intrinsic merit. Your employment must be important to the national interests of the United States. Additionally, the benefits of your employment should be immediately apparent to the national interests of the United States.

3. Submit evidence related to your ability to perform the duties of the proposed employment position. To be considered in the national interest you must make a showing significantly above that necessary to prove the "prospective national benefit" required of all aliens seeking to qualify as "exceptional". Exceptional is defined under Service regulation as " a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business."

4. You must persuasively demonstrate that the national interest would be adversely affected if a labor certification were required. You must demonstrate that it would be contrary to the national interest to potentially deprive the prospective employer of your services by making available to U.S. workers the position you seek. If self-employed, you must also establish the national interest would be adversely affected if a labor certification were required.

5. You must establish you are not seeking a national interest waiver based on a shortage of qualified workers in a given field, regardless of the nature of the occupation. The national interest waiver in not warranted solely for the purpose of ameliorating a local labor shortage.

6. If you demonstrate that you hold a patent or are responsible for an innovation, then you must demonstrate that the specific innovation serves the national interest.

7. You must establish you have a past record of specific prior achievement which justifies projections of future benefit to the national interest. You must establish, in some capacity, your ability to serve the national interest to a substantially greater extent than the majority of your colleagues. You must demonstrate to some degree your influence on your field of employment as a whole.

Please respond to each applicable criterion, by indicating which specific document(s) demonstrate your eligibility. Our prelimary review of this petition indicates that, while you appear to have been an excellent student, your professional achievements, as measured by your research achievements, list of publications, grant applications, etc., appear to fall short of the requirements for this classification (E-21/national interest waiver).

I submiited 6 Recommendation letters and still get this complex RFE
HELP AND TELL ME WHAT TO DO HERE!

You are lucky! What you got was a very generic RFE and often these are the "good" kind...it gives you a lot of room to make a good case. Even so, I would strongly encourage to seek a lawyer's help. Getting on with your RFE:

1. For example, You need to show that you work in XXX which is a part of YYY field. This XXX work will hope to achieve ZZZ which, via YYY will benefit the american population.

2. Show that YYY is very important to America. That is, for example, if you are a microbiologist, show that your work in viruses will help the medical/pharmaceutical community in finding a cure against such viral attacks.

3. This is quite nothing! You show what it is you do and what the accomplishments are. A letter from a superior often takes care of this issue. Show them that what you do is not normally done by others with similar background. A couple of examples of your work often does the trick.

4. Reco letters and more reco letters. Try to get some from those who dont work with you on any project and ask them to comment on your work. If you can get a few letters from those in a very different geographical area, that would be even better.

5. Just dont mention anywhere that there are no good candidates in your area. Dont bring labor into picture anywhere. Just stress that you are basing your petition your accomplishments and not labor shortage.

6. Best thing here is a recommendation letter which mentions the usefulness of your patent. If the patent is commercialized by your company, a letter from someone senior like VP, Dir etc (and not your supervisor) is often good enough. Use this to show that your work is already benefitting an American company.

7. Patents, papers (and citations), recommendation letters, awards if any. These are what is required. Get letters to mention all the work that you did and comment on it.

There is no minimum limit on the recommendation letters. I had about 14 and eventually submitted only 8. None of these letters made me out to be a genius. They did however make the case that I belong to a minority few who has achieved all these things and the accomplishments I already have makes me "substantially" above average.

Good luck with your RFE.

trojanblue