I-140 (NIW) Denial

murmanmadi

Registered Users (C)
Hello All,

I just got an RFE in response to the NIW (I-140) application filed on Oct 6, 2002 at VSC. I am quoting the reasons stated in their letter:

"All of the letters of support seem to come from individuals who know the beneficiary personally. While that is not necessarily a problem, we generally expect that an alien who has had such a substantial impact on the field that the granting of a national interst waiver would be warratnted would be known outsie the circle of his academic and professional acquaintances."

"It is noted that the beneficiary participated in the publication of his research findings, both as a primary author and in conjunction with others. He Has also pariticipated in the presentation of research asbstracts before various scientifc groups. While these activities are noteworthy, the record contains no evidence that they have been widely cited by others conducting research in the beneficiarys field."

"In summary, the evidenct prvided does not persuasively demonstrate that the beneficiary's individaul contributions as a resarcher were or are beyound the capabilities of any number of trained professionals in his field.

In addition, you have not shown that the beneficiarys research findings have impacted the field to a degree where his past record justifies projections of future benefit to the nation to a degree where the granting of a national interest waiver would be warranted."

"You may appeal this decision by filing a completed Form I-290B with the VSC. You may also include a brief or other written statement in support of your appeal."


My credentials when I filed:
1. PhD in Molecular Biology (top 100 schools)
2. Postdoctoral Fellow, Harvard Medical School
3. 3 publications (1 first author)
4. About 6 conference presentations
5. 2 professional memberships in scientific associations
Included 6 letters of recommendation


Current credentials:
1. Working at Novartis Pharmaceuticals
2. 5 publications (2 First author)
3. Two publications in preparation
4. About 10 conference presentations
5. 2 professional memberships in scientific associations


Can somebody advice me on what I should keep in mind while drafting a letter to appeal the decision? Thanks for all help.

Murmanmadi
 
That they issued a straight-up denial without even getting to NYSDOT argument suggests that the case was pretty weak. So you'd be wise to remember that even if you manage to overcome merit issue you'll still have to argue why LC is not necessary. They fault for not having independent letters - get them. Also, since you have a permanent position consider filing an OR petition and ask your employer if they'd do LC for you.
 
murmanmadi said:
Hello All,

I just got an RFE in response to the NIW (I-140) application filed on Oct 6, 2002 at VSC. I am quoting the reasons stated in their letter:

"All of the letters of support seem to come from individuals who know the beneficiary personally. While that is not necessarily a problem, we generally expect that an alien who has had such a substantial impact on the field that the granting of a national interst waiver would be warratnted would be known outsie the circle of his academic and professional acquaintances."

"It is noted that the beneficiary participated in the publication of his research findings, both as a primary author and in conjunction with others. He Has also pariticipated in the presentation of research asbstracts before various scientifc groups. While these activities are noteworthy, the record contains no evidence that they have been widely cited by others conducting research in the beneficiarys field."

"In summary, the evidenct prvided does not persuasively demonstrate that the beneficiary's individaul contributions as a resarcher were or are beyound the capabilities of any number of trained professionals in his field.

In addition, you have not shown that the beneficiarys research findings have impacted the field to a degree where his past record justifies projections of future benefit to the nation to a degree where the granting of a national interest waiver would be warranted."

"You may appeal this decision by filing a completed Form I-290B with the VSC. You may also include a brief or other written statement in support of your appeal."


My credentials when I filed:
1. PhD in Molecular Biology (top 100 schools)
2. Postdoctoral Fellow, Harvard Medical School
3. 3 publications (1 first author)
4. About 6 conference presentations
5. 2 professional memberships in scientific associations
Included 6 letters of recommendation


Current credentials:
1. Working at Novartis Pharmaceuticals
2. 5 publications (2 First author)
3. Two publications in preparation
4. About 10 conference presentations
5. 2 professional memberships in scientific associations


Can somebody advice me on what I should keep in mind while drafting a letter to appeal the decision? Thanks for all help.

Murmanmadi

Can you post your LUD history? What is the last LUD for your case?
It seems that NIW in VSC is getting worse. A lot of denials without RFE.
Thanks.
 
please help RFE in niw

One friend of mine got RFE from NSC. here are the detail, please give advices.

The documentation submitted is not sufficient to warrant favorable consideration of your petition/application. The following information is also required:

1. Additional evidence is requested to evaluate eligibility for a national interest waiver pursuant to the tests established in Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm. 1998.) (Please note: the evidence already submitted demonstrated that the proposed research employment has substantial intrinsic merit and will be national in scope).

2. Eligibility for the requested waiver entails demonstrating 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 for your services by making available to US workers the position you seek.
 
niw_2004 said:
One friend of mine got RFE from NSC. here are the detail, please give advices.

The documentation submitted is not sufficient to warrant favorable consideration of your petition/application. The following information is also required:

1. Additional evidence is requested to evaluate eligibility for a national interest waiver pursuant to the tests established in Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm. 1998.) (Please note: the evidence already submitted demonstrated that the proposed research employment has substantial intrinsic merit and will be national in scope).

2. Eligibility for the requested waiver entails demonstrating 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 for your services by making available to US workers the position you seek.

Type "NYSDOT" in google you'll get dozen of hits explaining what this RFE means. As far as preparing a reply goes, there's no tried and proven way to overcome NYSDOT issue - it's pretty much every man (or woman) for himself.
 
Muramanmadi

Don't loose hope
DN and I were talkin 'bout you the other day
You are working for a top notch Pharma .. get good advice from a solil lawyer
Are you on H1 with Nova or did you use EAD
write me a e-mail kapnkash@gmail.com

KK
 
Niw @ Vsc

I think at this point you may want to consult an expereinced lawyer. I believe your credentails are strong.
Good luck
 
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