NIW 140 RFE from NSC

alkhemist_03

Registered Users (C)
Dear All,

In quest for answer about the convoluted immigration process, I stumbled on this site a few weeks back. I have been worried about my NIW I-140 since they updated the processing dates last month.

Finally, I received an RFE for the 140 a couple of days ago. I was hoping that members could give me some advice and guidance on how to best respond to this. The text of RFE attachment is below:

***************************

REQUEST FOR EVIDENCE (Attachment)

Response Date: March 19, 2008


The service acknowledges that we are in receipt of the petitioner's I-140 petition and supporting evidence. While the service received this petition, we believe that further clarification on a few issue(s) is necessary

Issue #1

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

1. The service recognizes that the alien's academic credentials as a electrical
engineer, however these fail to adequately demonstrate that the alien is influencing the field. Therefore, you must establish the alien as having a past record of specific prior achievement that justifies projections of future benefit to the national interest. You must establish, in some capacity, the alien's ability to serve the national interest to a substantially greater extent that the majority of his colleagues. You must demonstrate to some degree the alien's influence on his field of employment as a whole.

2. The services also recognizes the alien has written published articles and attended conferences. However, please submit any available additional documentary evidence that, as of the petition priority date, the alien had a degree of influence on his field that distinguishes him from other scientists with comparable academic/professional qualifications. The evidence may include, for example, copies of additional published articles that cite
or otherwise recognize the alien's research achievements. Please highlight the portion of the paper that references the alien's work and highlight his name in the bibliography or "works cited" section. Similarly, evidence of official recognition conferred on the alien by governmental entities or professional organizations may also be submitted. It is not necessary to submit articles that were published after the petition was filed or articles that are self-referencing; i.e. written by the alien or his collaborators. Please note, that any such printout must contain the title, authors, and publication information for both the cited and citing articles.

Issue #2

To establish that the alien is a professional holding an advanced degree, you must submit:

An official academic record showing that the alien has a US advanced degree (or a foreign equivalent degree);

***************************

My credentials are as follows:
PhD in Electrical Engineering from a US University

Submitted the following evidence with the 140 petition

1. 8 letters of recommendations from academics and industry professional along with a letter from a program manager at a DoD funding agency
2. 2 published journal articles.
3. Proof of reviewing papers and book chapters
4. Proof of organizing and chairing conferences as well as members of professional organization

My lawyer held back the remainder of my papers (17 total) and 2 patents.

I have following comments about the issues listed in the RFE

Issue 1:

Clearly, what they are asking for was already submitted and they acknowledge that (field has intrinsic merit, published articles). The recommendation letters emphasize that my work is in the national interest. I did not submit any citation record at that time.

Issue 2:

I had submitted proof of completion of requirements for a PhD as my degree as well as official transcript. My degree was not awarded at that time. I do have it now.

I would really appreciate if someone can help me make sense out of this RFE.
 
Dear All,

In quest for answer about the convoluted immigration process, I stumbled on this site a few weeks back. I have been worried about my NIW I-140 since they updated the processing dates last month.

Finally, I received an RFE for the 140 a couple of days ago. I was hoping that members could give me some advice and guidance on how to best respond to this. The text of RFE attachment is below:

***************************

REQUEST FOR EVIDENCE (Attachment)

Response Date: March 19, 2008


The service acknowledges that we are in receipt of the petitioner's I-140 petition and supporting evidence. While the service received this petition, we believe that further clarification on a few issue(s) is necessary

Issue #1

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

1. The service recognizes that the alien's academic credentials as a electrical
engineer, however these fail to adequately demonstrate that the alien is influencing the field. Therefore, you must establish the alien as having a past record of specific prior achievement that justifies projections of future benefit to the national interest. You must establish, in some capacity, the alien's ability to serve the national interest to a substantially greater extent that the majority of his colleagues. You must demonstrate to some degree the alien's influence on his field of employment as a whole.

2. The services also recognizes the alien has written published articles and attended conferences. However, please submit any available additional documentary evidence that, as of the petition priority date, the alien had a degree of influence on his field that distinguishes him from other scientists with comparable academic/professional qualifications. The evidence may include, for example, copies of additional published articles that cite
or otherwise recognize the alien's research achievements. Please highlight the portion of the paper that references the alien's work and highlight his name in the bibliography or "works cited" section. Similarly, evidence of official recognition conferred on the alien by governmental entities or professional organizations may also be submitted. It is not necessary to submit articles that were published after the petition was filed or articles that are self-referencing; i.e. written by the alien or his collaborators. Please note, that any such printout must contain the title, authors, and publication information for both the cited and citing articles.

Issue #2

To establish that the alien is a professional holding an advanced degree, you must submit:

An official academic record showing that the alien has a US advanced degree (or a foreign equivalent degree);

***************************

My credentials are as follows:
PhD in Electrical Engineering from a US University

Submitted the following evidence with the 140 petition

1. 8 letters of recommendations from academics and industry professional along with a letter from a program manager at a DoD funding agency
2. 2 published journal articles.
3. Proof of reviewing papers and book chapters
4. Proof of organizing and chairing conferences as well as members of professional organization

My lawyer held back the remainder of my papers (17 total) and 2 patents.

I have following comments about the issues listed in the RFE

Issue 1:

Clearly, what they are asking for was already submitted and they acknowledge that (field has intrinsic merit, published articles). The recommendation letters emphasize that my work is in the national interest. I did not submit any citation record at that time.

Issue 2:

I had submitted proof of completion of requirements for a PhD as my degree as well as official transcript. My degree was not awarded at that time. I do have it now.

I would really appreciate if someone can help me make sense out of this RFE.

1- Why did your lawyer hold back the majority of your publications? These may need to be included.

2- A copy of your degree, as you suggested, should be included.

3- Why the RFE in reality? My guess is, just as what happened with JerIst on this forum, you did not include citations. You can include all the evidence that you did a lot of work, but USCIS will not care much if nobody else benefits from it. Therefore, you must include a citations list. I think that is the major problem with your original petition. Use google scholar or some other online service (I used Scopus) to determine how many times you have been cited and by whom.
 
As jk0274 pointed out, the absence of citation index in the original petition may be the key reason of the RFE, since it is often the most "convenient" objective evidence for the adjudicators, if the petitioner is a researcher. The other one is your degree: did you have a M.S. or the equivalent at the time of filing the original petition? If not, then you may have trouble to satisfy the advanced degree requirement. I remember in one thread someone mentioned that these days the USCIS (particularly the NSC) rarely granted NIW to PhD students.
 
In addition to citation list
if you can manage to get letter from person who is ciuting ur papers suggesting influence or ur work establishes national interest.

Also, try getting letter from editors suggesting publications's wide supply and impact.

its very tricky to present yourself in NIW

I always will recommend to read some AAO decisions regarding NYSDOT
 
Thanks to everybody for quick responses and suggestions

You have all raised the issue of citation index. I am working on obtaining that for my publications. Thank you jk0274 for pointing me to citation websites. I will look them up.

I have got commitments from 3 more experts to give me letters of recommendation. One of them is a professor at a university in Belgium - he has cited my work in a few of his papers. As eb1doc suggested, this may be useful. Do international experts matter?

Can anybody tell me the impact of a recommendation from a person who knows me personally compared to somebody who only knows me through my work (papers, talks etc.). I can structure the contents of the new letters to reflect either. I am not sure which is more effective.

With my initial petition, all the recommendations suggested that the recommender has known me for a while through professional affiliations, conferences or as a collaborator. I am guessing that it is not that effective. Could anybody please comment on that.

CD4help: At the time of filing I had completed all the requirements of a PhD and I filed on the basis of a PhD degree. I just didn't have the diploma in hand, which I do now.

jk0274: I did ask the lawyer the reason for holding back my publications and patents and he said that the ones he had submitted were enough and we need to keep some in store in case of an RFE. I guess he got his wish.

On a different note,

I have another immigration issue that is worrying me due to this RFE.

I have no underlying status (not on H-1). I am now very worried that if my NIW falls apart (worst case), I will be out of status. I don't see a point in filing for an H-1 for the upcoming season (April, 08) as it will not be effective until Oct, 08.

Instead, I have asked my lawyer to file for my green card in the regular EB2 category with employer sponsorship. The employer is willing to sponsor that application. As it stands now, this process has only begun and it may be 3 months before I can have labor certification and a valid status.

Can anybody suggest a different/more effective route to get status and work permit?
 
Thanks to everybody for quick responses and suggestions

You have all raised the issue of citation index. I am working on obtaining that for my publications. Thank you jk0274 for pointing me to citation websites. I will look them up.

I have got commitments from 3 more experts to give me letters of recommendation. One of them is a professor at a university in Belgium - he has cited my work in a few of his papers. As eb1doc suggested, this may be useful. Do international experts matter?

Can anybody tell me the impact of a recommendation from a person who knows me personally compared to somebody who only knows me through my work (papers, talks etc.). I can structure the contents of the new letters to reflect either. I am not sure which is more effective.

With my initial petition, all the recommendations suggested that the recommender has known me for a while through professional affiliations, conferences or as a collaborator. I am guessing that it is not that effective. Could anybody please comment on that.

CD4help: At the time of filing I had completed all the requirements of a PhD and I filed on the basis of a PhD degree. I just didn't have the diploma in hand, which I do now.

jk0274: I did ask the lawyer the reason for holding back my publications and patents and he said that the ones he had submitted were enough and we need to keep some in store in case of an RFE. I guess he got his wish.

On a different note,

I have another immigration issue that is worrying me due to this RFE.

I have no underlying status (not on H-1). I am now very worried that if my NIW falls apart (worst case), I will be out of status. I don't see a point in filing for an H-1 for the upcoming season (April, 08) as it will not be effective until Oct, 08.

Instead, I have asked my lawyer to file for my green card in the regular EB2 category with employer sponsorship. The employer is willing to sponsor that application. As it stands now, this process has only begun and it may be 3 months before I can have labor certification and a valid status.

Can anybody suggest a different/more effective route to get status and work permit?


IF person establishe sthat he never worked with you directly but knows you thru ur work ..............this works good for you. its independent.
 
With my initial petition, all the recommendations suggested that the recommender has known me for a while through professional affiliations, conferences or as a collaborator. I am guessing that it is not that effective. Could anybody please comment on that.

any one who is not collaborating with you is an independent referee.
what you need is simply write in such a way that reflects they know you by your work and nothing else.
It is really difficult to find an unknown person to write a reference letter for you. Instead use the people who know you to put the words little differently.
Instead of they saying they know you or met you blah blah they should write from his work, through his work etc.
 
alkhemist_03,

What is your officer number. You can find that on the first page under the signature. Mine was: NSC/MWU EX Three Two Nine.

Well, I got an RFE recently too from NSC. Originally I sent out evidence of 8 people who cited my work. In my current response, I have included 30 more citations. Also, I did include 12 self-citing reference... The lawyer thought this would not harm since they are not asking excplicitly not to include those as it is in your case. Moreover, for those papers that appeared after my original filing date, I highlighted the fact that the original paper submission date is in early 2006, or 2005. It take a year and a half for some of these papers to actually get to print.

I also submitted two additinal letters. One is a letter that was written a year back but never had a chance to send it with the original petition. Another one was written by the person whom IEEE Journal invited to review my book. although the book review was published after the petition date, the book itself appeared before my original filing.

In regards to government recognition, I have submitted evidence of participation on panels before and after my original filing date. I also submitted more than 60+ initation to review Journals and conference papers... I also included new 4 Journals that appeared after my original filing date.

Here is my RFE:

http://www.immigrationportal.com/showthread.php?t=271001

My RFE response was received at USCIS on Feb 12th... I did not hear anything yet, and to be frank, I am still worried about it...

I will post back if anything happens, or I get more info. I wish you good luck with your response... How much time do you have to respond? also can you please let me know your officer ID? Are we with the same officer I wonder?
 
JerIst

My office number is NSC/MCP EX Zero Five Nine

I had read your RFE about 3 weeks ago and that actually gave me a heads up that I may also get an RFE since we filed around same time and at the same office and your case seemed pretty strong. I have been following the thread on your RFE and it contains some very useful information.

I think you have the strongest case among the ones I have seen on this forum. I am sure they will approve you. Unfortunately, a lot of the immigration process doesn't make any sense. Good luck.

My citation record is not nearly as impressive as yours. I only have 12 non self-referencing citations for my papers. As you pointed out, in my case, they explicitly said not to send self-referencing ones so I will not.

My strategy at this time is to inundate them with more letters. I have got commitments from 4 new people to write me letters and they all enjoy pretty strong stature in my field. I can structure (pretty much write them) as I want. I would appreciate if you could comment on how and what to emphasize. Other posts on this thread suggested that "independent experts" hold higher value. Additionally, one of my recommender's is from a University in Belgium - I remember reading on this forum that "International Experts" hold more value. What do you think about that?

I am also collecting invitations for conference papers - I have old emails from editors for invited talks but my lawyer said that email correspondence doesn't work. I am trying to obtain formal letters - but I don't know if I will be able to get them since its been a while for most of those talks.

Since they explicitly told me not to submit publications after the petition date, I will refrain from that. But with the initial application, my lawyer didn't submit my patents that were filed a year before the petition date. I think I can use them now. Whats your opinion about including patents?

I don't have my IO number. How do you get that?

I have March 19 to respond. They didn't even give me 2 months. The letter was dispatched 02/05 and my lawyer received it 02/10. I have about 30 days to respond to this. I am really worried since I have no underlying status.
 
Thanks alkhemist for sharing your info. We are with different IO officers...

You must use the patents... These are very critical things.. Why did you hold them up? Is it for proprietary information and so on? Why also your lawyer held up other 17 publications, I do not understand.

I think now you need every piece of physical evidence that suggests to the IO at NSC that you are among the top in a field of national interest to the US.

This is what I was trying to do in my case initially and also now to respond to my generic RFE, and I hope it works... But at this critical point, you should hang in to all sort of things... Do not risk the petition unless you have other choices. You know better of course.

By the way, I think your RFE is less generic than mine which is a good for you, as it will allow you to focus on specific issues, rather than being general.
 
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