Experts: Why do you want to waive labor certification!!!

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yafayez

Registered Users (C)
Hi all,

I received an RFE a couple months ago. I collected some letters (3) from experts in my field who don't know me personally stating that I am an expert in my field and that my previous research had impacted my field of endeavor (this is what they asked me to provide).

I have a critical question: Do I need to state why I am requesting to waive the labor certification (by saying for example that my abilities/experience can't be quantified) or I don't need to mention anything and leave it to the Immigration officer to figure out this because the reference letters along with the other material clearly shows that I am not a regular Ph.D. holder.

Any suggestions from experts
 
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yafayez said:
Hi all,

I received an RFE a couple months ago. I collected some letters (3) from experts in my field who don't know me personally stating that I am an expert in my field and that my previous research had impacted my field of endeavor (this is what they asked me to provide).

I have a critical question: Do I need to state why I am requesting to waive the labor certification (by saying for example that my abilities/experience can't be quantified) or I don't need to mention anything and leave it to the Immigration officer to figure out this because the reference letters along with the other material clearly shows that I am not a regular Ph.D. holder.

Any suggestions from experts
Click to expand...

Do whatever you can do and try your best.
 
Focus on the importance of work/current projects

Here is one way to present the case (in the letter from your department person):

Instead of Dr. XXX is extremely skilled, so waiver of labor certification is necessary (not a good enough reason based on the third prong)...

Dr. XXX is currently working on Projects 1, 2, and 3 (describe in lay man's terms -- Project 1, funded by NIH, is aimed at curing Cancer, Project 2, funded by ..., is aimed at curing Diabetes, and and Project 3 is aimed at ...). The minimum requirements for these Projects is a Ph.D. in Biological Sciences. However, Dr. XXX far exceeds these requirements due to his expertise in A, B, and C. Projects 1, 2, and 3 will be adversely affected if Dr. XXX were to be replaced by a minimally qualified researcher [, which he would be forced to if labor certification is needed -- cite the expiring H1 or something if needed].

Hope this helps...

Sastry
 
I agree with Sastry

The idea is to try to convince the SC official that national interest will be unfavorably impacted if you had to go through LC.
 
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