Help! I140 is rejected

> If you have a highlighting in C & E News with your name, I believe
> it is a strong evidence to meet "publish materials"

It falls into the category : ' published material about the alien in professional or other major trade publications '

It does NOT fall into the category: ' evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications'

But these are categories for EA and OR anyway. It is surely helpful, but don't try to sell it as your own publication.

> I collected a letter from the Editor describing the importance of
> this magazine like ,

This is apparently the kind of evidence they now require for the caliber of the journals people present.
 
>>Ok, I am not an expert on this, but I think just resubmitting your NIW petition with some additional stuff added is unlikely to succeed.

So I am not qualified for NIW? Could you please tell me what kind of people will be approved for NIW? Thanks
 
wakko said:
So I am not qualified for NIW? Could you please tell me what kind of people will be approved for NIW? Thanks
Click to expand...
Your qualifications are much better than several people whom I know and who had no problem in getting NIW and even EB1-EA approved without any problem and even without any RFE. I feel your attorney messed up your case so your application fell down. At this stage, I feel it is really very difficult to do anything in your present application. AAO rejects 99% of the appeals. Now the best option for you is to start preparing for a new petition. You can also qualifye for EB1-EA if you prepare things properly.
 
wakko said:
>>Ok, I am not an expert on this, but I think just resubmitting your NIW petition with some additional stuff added is unlikely to succeed.

So I am not qualified for NIW? Could you please tell me what kind of people will be approved for NIW? Thanks
Click to expand...


I pretty much agree with hedron that you most likely qualify for OR or EA but not for NIW. Of course it is not possible to know all details by just this thread but it looks like that with your evidences you can't prove that your research is this important for the US that the US will have an advantage to give you the green card without the LC process.
C&EN news is not peer-reviewed and the importance of the scientific news is often related who makes the best PR show, but with a good lawyer it might be helpful for OR or EA. That a german magazine ranks your work as important has no meaning for the US (therefire no meaning for NIW but very importnat for EA and OR). Funded by NIH is nothing special, most postdocs are funded by NIH. Is the chapter in the chemistry textbook only or mainly about your work or is your work just cited. My work is mentioned even with structures and longer text in textbooks but that doesn't qualify me for NIW, but it helps for OR and EA. And when do people understand that recommendation letters from your own boss are not accepted by USCIS. You need several good recommenadtion letters from top-scientist all over the world which don't know you personally. This is essential for EA, OR and NIW. A president award might be a good point for OR or EA but has no meaning for NIW. There are many cases which got rejected by USCIS because of no good recommendation letters. I can only repeat that this is the most critical point in any petition (EA, OR and NIW) to have good recommendation letters (10-12) from top-scientists all over the world which don't know you personally. Just go on the USCIS page and see the case studies.

http://uscis.gov/graphics/lawsregs/admindec3/

With all your evidences you didn't prove that your research is important and crucial for the US and I think you will have problems to prove that even with a good lawyer but I think you have good chances in OR, eventually in EA.
 
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I agree with alex2. You absolutely qualified for the NIW. Resubmision is good idea. Ligimately, the stardard of EA is mucher higher than the NIW. Very few people fail NIW and pass EA becausof INS' mistake, and lawyer used that as a funny story. The third prong is not so difficult to overcome in NIW, beccause the AAO agree that:"if the petitioner is able to demonstrate persuasively that his or her contributions have been especially valuable, then eligibility for the waiver is established without further discussion as to why compliance with the job offer requirement would be detrimental to the national interest." So demonstrating your work is valuable is much easier to prove that you have risen to the top of the field.
 
> "if the petitioner is able to demonstrate persuasively that his
> or her contributions have been especially valuable, then eligibility
> for the waiver is established without further discussion as to
> why compliance with the job offer requirement would be detrimental
> to the national interest."

A lot of people seem to be banking on that sentence, nonwithstanding the stacks of AAO decisions saying: 'well, you prooved to us that you are smart, you also prooved that your work is important and national in scope, you didn't proove why you should be exempted from labor certification --> denied' (these are my words of course, not the AAO)
 
What is your PhD speciality. Which university in OK are your referring to? Is that a state university (it may not matter however).

thanks,
printent

wakko said:
Hi everyone,

I just got notice from my lawyer that my I140 NIW case is rejected. :( Right now I am really frustrated. My lawyer kept telling me that my background is very strong and there should be no problem. Now my case is rejected!!!

Here I descibe myself a little bit. If you have any suggestion about what I should do now, please please tell me.

1) I got my PHD from a OK university. (rank around 30 - 50, I think)
2) Now I am in top university as PostDoc
3) I published 8 good papers. I am the first author in most of them.
4) I submitted 7 referrence letter.

The lawyer still tells me that he think INS make a mistake. He will appealing it. But I do not have much confident in him. Should I change a lawyer? What could go wrong here? Any help is appreciated.

Best Regards
Click to expand...
 
Hi buddy, I think you are definately qualified for NIW, just bad luck have you case fall into a tough officer's hands. I applied for OR and get approved without any trouble (at VSC too), and I think your background is stronger than mine. I didnt do citation either and all my letters are from someone know me or co-author of my paper .... OR and NIW have about same professional requirement, if not higher .....

I think the reason for your rejection clearly shows your letters are not well drafted .... Any research support by US goverment should be in nation's interest .... and my lawyer told me even you go for OR or EA, you should demonstrate your work is for US interest.

Resubmittion NIW may be the same as appeal, which you should do as you have nothing to loose anyway.

I think OR is the easiest if you can get your school's sponsership, I never heard OR rejection. And I know people with one or two first author paper get through without any trouble in VSC. But I just learned a friend of mine get rejection on EA last month from VSC, she has smiliar background as you --- from the info you provided, and she is going for OR. EA does hold a much higher requirment on achievement.

Good luck dude!
 
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