Hello,
I got a RFE for my TSC EB1A (DIY, e-filed 5/2007. Supporting documents were mailed along with I-485 one week later. Receipts for both received within two weeks). I was expecting a RFE but NOT one like this: this RFE sounds like I haven’t sent any supporting documents (briefly I was asked why my petition belongs to EB1a and asked to submit evidence for at least three of the ten criteria)
My questions are：
1．Is it possible that TSC still has my I140 supporting documents together I485 (since they were submitted together) and thinks I haven’t submitted any supporting documents for my e-filed I-140?
Is there any way to contact with the officer to ask about it? （RFE was signed by David Roarl, Director, officer #397）
2. How should I reply this RFE?
I have explained how I met six of the ten criteria in great detail in the petition letter I sent in May 2007 and attached all kinds of supporting documents including 9 recommendation letters（Eur/US/JAPAN, biomed, University/Institute Department director. The documents were about 2-3 inches thick。
3．Does the RFE mean I didn’t provide enough evidence for any of the criteria and want me to resubmit the evidence? It is possible because my case is not that strong.
Although there is no such word about it in the RFE.
Brief summary of my Supporting documents for I-140 (sent in 5/2007):
1. Confirmation Receipt Notice for E-filed I-140
2. CV
3. Degree (Ph.D)
4. research summary
5. petition letter (field: biomed)
6. employment verification letter
7. awards(one government scholarship, one conference travel award)
8. membership (full/active)
9. reports by international, national and professional media（without mention my name directly）
10. Recommendation letters (9), from 7 universities (Eur.US.JP)
11. a reviewer for one professional journal (twice)
12. Photocopy of requested for scientific support by academic and industry colleagues.
13. scientific papers (9), paper citation and reprint requests
14. World-wide citations (30~)
15. Display of work in scientific meeting
RFE (10-12-2007) ：
This office is unable to complete the processing of your petition without further information. Please read and comply with the request below,….
1. Please submit the persuasive documentary evidence to qualify beneficiary as an alien of extraordinary ability as required in 8 CFR sec 204.5(b)
(A) sec 203(b)1 of the Act provides for preference classification to:
(I) the alien has extraordinary ability in …(field) which has demonstrated by ….through extensive documentation.
(II) The alien seek to enter US to continue work in the area, and
(III) The alien’s entry into US will benefit prospectively the US.
2. Also, please submit evidence which clearly shows the beneficiary has demonstrated sustained national or international acclaim and his or her achievements had been recognized in the field through extensive documentation. The documentation must clearly demonstrate that the beneficiary’s achievement set him or her apart form others in the field of expertise.
Such evidence shall include evidence of a one-time achievement (that is, a major, internationally-recognized award) or at least three of the following:
and meet at least three (3) of the criteria. These ten criteria are as follows:
1) "Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor."
The receipt of lesser nationally or internationally recognized prizes, not like internationally recognized award such as a Nobel or Pulitzer Prize.
2) "Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields."
Associations that are open to all members of a given profession may be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable.
3) Published material about the alien in professional or major trade publications or other major media, relating to the alien's work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation.
4) Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought.
5) Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
6) Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media.
7) Evidence of the display of the alien's work in the field at artistic exhibitions or showcases.
8) Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.
9) Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.
10) Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
I got a RFE for my TSC EB1A (DIY, e-filed 5/2007. Supporting documents were mailed along with I-485 one week later. Receipts for both received within two weeks). I was expecting a RFE but NOT one like this: this RFE sounds like I haven’t sent any supporting documents (briefly I was asked why my petition belongs to EB1a and asked to submit evidence for at least three of the ten criteria)
My questions are：
1．Is it possible that TSC still has my I140 supporting documents together I485 (since they were submitted together) and thinks I haven’t submitted any supporting documents for my e-filed I-140?
Is there any way to contact with the officer to ask about it? （RFE was signed by David Roarl, Director, officer #397）
2. How should I reply this RFE?
I have explained how I met six of the ten criteria in great detail in the petition letter I sent in May 2007 and attached all kinds of supporting documents including 9 recommendation letters（Eur/US/JAPAN, biomed, University/Institute Department director. The documents were about 2-3 inches thick。
3．Does the RFE mean I didn’t provide enough evidence for any of the criteria and want me to resubmit the evidence? It is possible because my case is not that strong.
Although there is no such word about it in the RFE.
Brief summary of my Supporting documents for I-140 (sent in 5/2007):
1. Confirmation Receipt Notice for E-filed I-140
2. CV
3. Degree (Ph.D)
4. research summary
5. petition letter (field: biomed)
6. employment verification letter
7. awards(one government scholarship, one conference travel award)
8. membership (full/active)
9. reports by international, national and professional media（without mention my name directly）
10. Recommendation letters (9), from 7 universities (Eur.US.JP)
11. a reviewer for one professional journal (twice)
12. Photocopy of requested for scientific support by academic and industry colleagues.
13. scientific papers (9), paper citation and reprint requests
14. World-wide citations (30~)
15. Display of work in scientific meeting
RFE (10-12-2007) ：
This office is unable to complete the processing of your petition without further information. Please read and comply with the request below,….
1. Please submit the persuasive documentary evidence to qualify beneficiary as an alien of extraordinary ability as required in 8 CFR sec 204.5(b)
(A) sec 203(b)1 of the Act provides for preference classification to:
(I) the alien has extraordinary ability in …(field) which has demonstrated by ….through extensive documentation.
(II) The alien seek to enter US to continue work in the area, and
(III) The alien’s entry into US will benefit prospectively the US.
2. Also, please submit evidence which clearly shows the beneficiary has demonstrated sustained national or international acclaim and his or her achievements had been recognized in the field through extensive documentation. The documentation must clearly demonstrate that the beneficiary’s achievement set him or her apart form others in the field of expertise.
Such evidence shall include evidence of a one-time achievement (that is, a major, internationally-recognized award) or at least three of the following:
and meet at least three (3) of the criteria. These ten criteria are as follows:
1) "Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor."
The receipt of lesser nationally or internationally recognized prizes, not like internationally recognized award such as a Nobel or Pulitzer Prize.
2) "Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields."
Associations that are open to all members of a given profession may be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable.
3) Published material about the alien in professional or major trade publications or other major media, relating to the alien's work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation.
4) Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought.
5) Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
6) Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media.
7) Evidence of the display of the alien's work in the field at artistic exhibitions or showcases.
8) Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.
9) Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.
10) Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.