Help needed for REF for NIW at CA center

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nichole1

New Member
Hi, guys,

I am new to this forum and find that it is very useful. Recently I got a REF from INS Ca center for my NIW petition. I would appreciate it very much if you could give me any suggestion or comments. I will copy the comments from INS as follows.

"From a review of the petition, it appears that beneficiary has demonstrated significant experience and expertise as a researcher... However, the petitioner/beneficiary's claims that a waiver of job offer is "in the national interest" are, in this case, mostly general in nature. Most of the submitted supporting letters appear to be from associates, professors, employers and/or colleagues in the self-petitioner's field and are more akin to "reference letters" than to testimonials to the petitioners' individual potential to benefit the country on a "national impact" level."

"It is unclear , from the document submitted, how the self-petitioner specificaly intends to utilize his experience and abilities - more than any other individuals among other highly qualified researchers, scientists and inventiors toward the prosective national benefit of the United States. What are the beneficiary's specific plans? How will the self-petitioner's effort 9As an individual worker) in this field accomplish these goals on a national level? (memerly working in an important area, which may have in the past or which could conceivably benefit the national interest is not sufficient to demonstrate eligibility for the requested waiver."

"Please submit more specific evidence to demonstrate that the granting of the beneficiary's waiver requested and E21 petition would have significant impact on his/her area of experitise-on a national level- and that his/her proposed work will substantially benefit the United States to a greater degree than the work of others in the field."

From what I read, they need evidence to prove that my work is to benefit the USA at the NATIONAL LEVEL, and My Future PLAN. I would appreciate it if anybody can share with their experience in addressing the first part "NATIONAL INTEREST" in specific terms.

Thanks.

Nichole1
 
I recently received an RFE for my NIW applicationa as well.

The language used in my RFE is EXACTLY the same as mentioned in yours.

Basically my attorney advised me that the INS is sending out RFEs to almost all NIW applicants these days.

I am currently getting more support letters together (from individuals who do NOT know me personally but will vouch for my work) plus additional evidence of work being of national impact i.e. news stories, awards etc.

I would really advise you to talk with a competent attorney. The NIW category seems to require the fulfillment of very specific criteria - I think this is one of those few categories where a good attorney is worth every penny you pay him/her.

Good luck.
 
Here is the index of attachments I submitted for my RFE.

RE: Name and Date of Birth of Self-Petitioner
XXXX, Bruce M., July 10, XXXX

File Number: SRC 01 264 xxxxx
Form Number: I-140 (Immigrant Petition for Alien Worker)

Please find attached additional evidence. The following is an overview of the attachments:

ATTACHMENT DESCRIPTION

A. Response to Questions
B. Updated CV
C. Open letter by XXXX
committing XXXX to modernisation of the
yadda yadda System.
D. Extract of XXXX's vision in support of the XXXX
commitment.
E. Presentation by XXXX expressing
government desire to progress modernisation of
yadda yadda through use of yadda yadda systems.
F. Extract from Interim Report XXXX. Commission on the
XXXX of XXXX
G. Overview of XXXX from XXXX Stakeholder Group
H. Letter of Support
Professor Kurt XXXXX.
I. Letter of Support - received electronically
Professor Michael XXXXX.
J. Letter of Support
Professor Miles XXXXX

In my response to these questions I included the following:

Question:

What effect would your work in the United States have on the United States as a whole? What mechanism can be reasonably expected to be in place to transmit the benefits of your work to the United States as a whole?

Response:

My employment in the United States will support the research, development, deployment and management of yadda yadda Systems. Yadda yadda systems are defined by the XXXX as "yadda yadda". This simple definition includes many key phrases, which imply there are different levels of yadda yadda that can be implemented as long as they contribute to cost-effective, yadda yadda.

The following are recent comments of Dr. XXXX, XXXX advisor, on the XXXX of America's yadda yadda system.

“...quote 1...”
“...quote 2...”
“...quote 3...”

Dr. XXXX has demonstrated a clear understanding of the challenges facing the yadda yadda system, and the national impact that it has on the United States as a whole. Yadda yadda Systems will form the core of a modern national yadda yadda system. My employment in support of the research, development, deployment and management of these systems will have great effect on the United States as a whole.

Question:

Would a US worker with the same minimum qualifications be able to perform the same occupation and serve the national interest to a similar degree? How will you service the national interest to a substantially greater degree than other individuals in the field?

Response:

I will attempt to answer the questions put by explaining the requirements of a yadda yadda system and how my skills and experience should be used to meet the challenges highlighted. Dr XXXX, XXXX advisor on the future structure of America's yadda yadda system has articulated the challenges. Dr XXXX has stated.

“...quote here....”

The implementation of yadda yadda systems presents a unique challenge that has never been undertaken before. The concept of a common, integrated XXXX requires commitment and effort at a large number of levels. These will include the development of strategies for implementation, the research and development of the technologies and the challenge of system integration and national deployment.

The importance of the task ahead has been recognised by a multitude of government and commercial entities. Some of these are prime stakeholders such as the XXXX and others have a purely business interest such as XXXX Inc. These organisations will need the strategic and tactical knowledge of people who have skills and knowledge over and above that of those who hold XXXX as a minimum qualification. Argued my quals and experience here...

Dr. XXXX has demonstrated a clear understanding of the challenges facing the yadda yadda system. Part of the select group of people required to achieve the XXXX vision must have skills and experience that...from here on I argued my particular attributes and qualities...

There were other questions but I used the same technique...found a qualified expert opinion, included it as a reference, and built my argument around it...
 
..and by the way I used similar language as used by INS to ask my references to write supporting letters...

"...could I please ask for a letter that explains the importance of XXXX in the XXXX environment and the challenges from a viewpoint of the contribution to future XXXX technologies..."

Note this is not the whole letter as I have profesisonal relationships with the people I asked. The actual request was much longer than this.
 
Hi, bmh_in_oz

Thanks for your very informative message and help. Could you tell us the result? Did INS approve your petition?

Thanks.
 
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