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:
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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);
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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.
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.