Help on my NIW/RFE from NSC

tonyz

Registered Users (C)
Dear all:

I received RFE for my self-petitioned NIW from NSC:
RD&ND: 3/26/02.

Could anyone help me on how to prepare my RFE? Thank you in advance!

Tony.

My qualification:
1. Ph.D in statistics
2. work for an international agency under G visa as researcher in US
3. Published lots of papers and memebers for some professional orgainizations
4. worked for quite many years

Here is the requirement from my RFE:

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 must establish benefit to more than a particular region of the country. Moreover, there should be little or no adverse impact on the interests of other regions of the country.

Note: I do not have anu problem for jobs and I even have other job offers at hand.

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.

Can anyone clarify this?

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."

Note: I have sent my degree and publications to them.

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.

Can anyone clarify this?

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. 1~he national interest waiver in not warranted solely for the purpose of ameliorating a local labor shortage.

How to prove this?


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.

Note: I do not have patent. But I sent copies of my publications to the NSC first time. What more is needed?

7. You must establish you have a past record of specific prior achievement that 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.

What should I do for this?
 
Originally posted by tonyz
Dear all:

I received RFE for my self-petitioned NIW from NSC:
RD&ND: 3/26/02.

Could anyone help me on how to prepare my RFE? Thank you in advance!

Tony.

What should I do for this?

Listen, Tony, don't take this wrong way, but you have many very serious issues with your petition. The days are long over when a PhD and several job offers alone will get you an NIW. It seems as if you completely omitted all the necessary legal aspects of such an application, plus all the hidden traps associated with NIW. The best way to establish evidence is to get well prepared reference letters that cover all the legal aspects of an NIW. It is possible that you have created a huge mess that only legal help will get you out of (I say this because I don't know what you put into the first petition). I would think that a consulatation with an attorney would be worth the money. Also, consider EB-1 EA.

Brian
 
A 500 page Complete NIW package may help you

Hello,

I think you meet a fussy INS officer. All the points he made are standard citations resulted from NY-DOT case. You should have argued all the points proactively. You can find big help in the following excellent package which consists of 500 pages with helpful hints, tips, notes, etc...

http://www.usaia.org/niw.htm
Then click "A recent successful NIW case (500 pages) "

Jacob
 
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