I-140 EB-1 EA petition denied

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Nw2

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So my petition got denied. I am not quite sure if I should appeal about it. What do you guys suggest? Before I filed my application I was told by a few people that they had similar credentials and did get EB-1 EA approved.

The USCIS only agreed with me being a judge of the work of others.

The USCIS said my publications do not count as there aren't enough citations?

They stated that not only the petitioner must have published and presented original work but it must have impacted the field such that it can be considered indicative of sustained national or international acclaim.

published work about the alien in professional or other major media. they rejected the news articles stating that the article wasn't mainly about the petitioner but about the petitioner and his colleagues. They stated that the evidence should be primarily about the petitioner. They also mentioned not enough citations.
 
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sorry to hear that NW2 - was it Nebraska or Texas? I would not suggest appeal or MTR. You get stuck for a long time (a year or so) and the odds of success are not that great. Give it some time and re-apply.
 
It was Texas not Nebraska so I don't know what to say.

The Immigration officer had asked me to provide statements from independent investigators who had cited my work in the RFE. And then just rejected those letters stating that they were solicited for an immigration petition and carried less weight.
When I had sent the original application the officer had stated an unevaluated citation means nothing and to include statements from PIs.
 
So my petition got denied. I am not quite sure if I should appeal about it. What do you guys suggest

Very sorry to hear of your denial NW2. Thats shocking and frustating i am sure. Its wrong that uscis has no standard evaluation, your collegues /juniors with lesser credentials get approved and for you they put up a wall.
How long did they take to decide, was it premium or regular with RFE? Do you have a fall back H1B or labour cert?
Recommend you file a new one with some additional evidence.
 
Have you considered MTR perhaps using a high-profile attorney? Alternatively, you could file for another, fresh I-140 based on newer, additional evidences. I looked at your credentials and they are impressive and substantial enough to warrant a EB1 approval. I am sure if you try once more, you will get through. Good luck!
 
Hi Nw2.

Sorry to hear about your denial. I am sure you will find a way out of it.

Just wondering - What does your lawyer say about this?
Good luck.
 
Nilendr: I did premium processing.

GC-Hopes: I had a high-profile attorney.

FOM: I am speaking to my lawyer tomorrow.

I was just curious what are the minimum number of citations that are needed. I included web of science which has 30 citations on my name. google scholar had 40 but I didn't include it since it is not well organized. I was told based on web of science citations that I was minimally cited. Just curious how many citations are needed to make it known that someone is well cited.

For EB-2NIW priority date is not current therefore I had applied EB-1. I am in the process of submitting my NIW application.

I will make a decision about MTR/New EB-1 EA after speaking to my attorney.
 
I really would not think there is a "minimum" requirement for things like citations etc. There is also a huge variation from officer to officer. I had a nasty 4-page RFE that challenged everything I put forth like quality of publications, insufficient evidence on citations etc. I replied to the RFE but was denied. I later submitted the exact same package 1.5 years later and was approved. It went to a different officer - as simple as that I guess. So, dont lose heart. Wait a while and try again - u will get through.
 
Hi Nw2,

Sorry to hear that your petition is rejected.

I tend to agree with madmonkey, from what I have heard it differs greatly from officer to officer. Give it some time, and reapply again. Also, include all the Google citations as well. Those should help.

It is also interesting to observe the possibility of rejection is higher when people do PP. Or at least that's what I think.

MH
 
So I spoke to my attorney and have decided not to appeal. I am currently applying EB2-NIW and will reapply for EB-1 in a few months.
 
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