Hi guys,
I need your advice on RFE. I had efiled my EB1-EA application 3 weeks ago, which went to TSC. Now, I got a letter requesting further evidence that basically only lists the requirements for EB1-EA without commenting on anything specific in my application, and without telling me what they felt was insufficient in my application. It was a totally generic letter that has simply no mentioning of any data that I submitted.
There are some comments that suggest that they never read my application. E.g. they say “The submitted translations are not certified.” Well, I did not have any translations in my application. “Enumerate how your entry in the US will substantially benefit prospectively the US.” Well, I am living in this country already since several years; I provided evidence for employment in the US, etc.
Is it possible that they have not received my initial evidence? They say in the letter that “We have received your initial evidence.”. Is it possible that they only received the I-140, and not my whole package? I had sent it with certified mail, and I know that it was delivered at TSC.
Would you advice me to call them up and tell them that my RFE did not include anything specific, and if they could specify their requests, or would this be viewed as challenging the officer’s decision?
It is just difficult for me to respond to this RFE, because I had provided already very detailed evidence.
I am listing here my evidence, and I would be very thankful for comments and advice what else I should add.
Here my qualifications: MD/PhD; concurrent employment at Harvard and Columbia; I claimed:
1. Autorship of scholarly articles in the field: 12 first author publications in high-impact journals; I provided reprints of all papers, information on the impact factor of each journal, and referenced all papers that cited my publications (>270 citations);
2. Original scientific and scholarly contributions of major significance in the field of endeavor: then I included 5 letters of recommendation from very prestigious people who have not worked with me as independent experts; I also provided evidence for being invited to major international meetings to present data ; should I add more letters? I do not know what else additional letters would say than what has already been said.
3. Receipt of prizes or awards for excellence in the field: I received one major prize for the best publication in the field for that year. I provided the award laudatio; I guess here I could explain more who is applying and how competitive this prize is; I also listed a few prizes and fellowships that I got as a postdoc. I guess they do not fulfill the criteria of “major” award; should I just not mention them in my RFE response at all?
4. Participation as a judge of the work of others in the field: I provided 4 letters from the Editors/Editorial offices of four journals that say that I have reviewed several papers based on my expertise. I do not know what else to add here. I probably reviewed > 20 papers.
5. Performing in a critical role for an establishment that has a distinguished reputation: I provided a letter from my current employer, who is also Dean for Research, who states explicitely that I have an essential role in the Department.
These are the 5 points for which I provided evidence. I am not sure what else I can add.
The RFE letter makes some comments that I may be able to respond to in my cover letter:
“Please describe in detail how you stand apart from other individuals in your field”.
“Please describe in detail how you will continue to work in the area of extraordinary ability in the US.”
“Submit (as available) copies of contracts or evidence of prearranged commitments”.
This issue is a bit problematic, and I do not understand why they ask for this if the EB1-EA category is not employment sponsored. I can provide them with my current contract, but that is obviously not permanent. In an academic institution the only permanent positions are tenured professorships, and these you can have only after providing NIH funding etc (for which you can only apply as a GC holder/citizen). Thus, all I could provide in addition of my current employment contract is something like a “letter of intent” for a job position after my GC has been approved. Such a letter from the chairman of the department is obviously not binding, and difficult to get. What would you do in this regard?
I would be very thankful for your help, and it would be great if someone who responded to RFE could send me his/her reply letter so that I can get an idea what to do next. I have no idea how to respond at this point.
Thanks!
AGM6
I need your advice on RFE. I had efiled my EB1-EA application 3 weeks ago, which went to TSC. Now, I got a letter requesting further evidence that basically only lists the requirements for EB1-EA without commenting on anything specific in my application, and without telling me what they felt was insufficient in my application. It was a totally generic letter that has simply no mentioning of any data that I submitted.
There are some comments that suggest that they never read my application. E.g. they say “The submitted translations are not certified.” Well, I did not have any translations in my application. “Enumerate how your entry in the US will substantially benefit prospectively the US.” Well, I am living in this country already since several years; I provided evidence for employment in the US, etc.
Is it possible that they have not received my initial evidence? They say in the letter that “We have received your initial evidence.”. Is it possible that they only received the I-140, and not my whole package? I had sent it with certified mail, and I know that it was delivered at TSC.
Would you advice me to call them up and tell them that my RFE did not include anything specific, and if they could specify their requests, or would this be viewed as challenging the officer’s decision?
It is just difficult for me to respond to this RFE, because I had provided already very detailed evidence.
I am listing here my evidence, and I would be very thankful for comments and advice what else I should add.
Here my qualifications: MD/PhD; concurrent employment at Harvard and Columbia; I claimed:
1. Autorship of scholarly articles in the field: 12 first author publications in high-impact journals; I provided reprints of all papers, information on the impact factor of each journal, and referenced all papers that cited my publications (>270 citations);
2. Original scientific and scholarly contributions of major significance in the field of endeavor: then I included 5 letters of recommendation from very prestigious people who have not worked with me as independent experts; I also provided evidence for being invited to major international meetings to present data ; should I add more letters? I do not know what else additional letters would say than what has already been said.
3. Receipt of prizes or awards for excellence in the field: I received one major prize for the best publication in the field for that year. I provided the award laudatio; I guess here I could explain more who is applying and how competitive this prize is; I also listed a few prizes and fellowships that I got as a postdoc. I guess they do not fulfill the criteria of “major” award; should I just not mention them in my RFE response at all?
4. Participation as a judge of the work of others in the field: I provided 4 letters from the Editors/Editorial offices of four journals that say that I have reviewed several papers based on my expertise. I do not know what else to add here. I probably reviewed > 20 papers.
5. Performing in a critical role for an establishment that has a distinguished reputation: I provided a letter from my current employer, who is also Dean for Research, who states explicitely that I have an essential role in the Department.
These are the 5 points for which I provided evidence. I am not sure what else I can add.
The RFE letter makes some comments that I may be able to respond to in my cover letter:
“Please describe in detail how you stand apart from other individuals in your field”.
“Please describe in detail how you will continue to work in the area of extraordinary ability in the US.”
“Submit (as available) copies of contracts or evidence of prearranged commitments”.
This issue is a bit problematic, and I do not understand why they ask for this if the EB1-EA category is not employment sponsored. I can provide them with my current contract, but that is obviously not permanent. In an academic institution the only permanent positions are tenured professorships, and these you can have only after providing NIH funding etc (for which you can only apply as a GC holder/citizen). Thus, all I could provide in addition of my current employment contract is something like a “letter of intent” for a job position after my GC has been approved. Such a letter from the chairman of the department is obviously not binding, and difficult to get. What would you do in this regard?
I would be very thankful for your help, and it would be great if someone who responded to RFE could send me his/her reply letter so that I can get an idea what to do next. I have no idea how to respond at this point.
Thanks!
AGM6