NIW NSC RFE recieved

Guo

Registered Users (C)
Hello my friends,

I just got an RFE from NSC. Here it is:
You have filed a Form I-140, Immigrant Petition for Alien Worker, in which you are seeking immigrant classification as a member of the professions hoding an advanced degree, or as a person who, on account of his or her extraordinary ability, will substantially benefit prospectively the United States. In this Form I-140 you also seek a waiver of the job offer, and hence of the requirement for labor certification, in the national interest, as provided for in Section 203(b)(2)(B)(i) of the Immigration and National Act, as amended.

The Acting Director has reviewed your petition and the supporting documentation which accompanied it upon initial submission. The evidence, as initially submitted, is insufficient to warrant approval. Please now submit additional documentary evidence which will demonstrate that you meet the eligibility criteria for a national interest waiver, as set out in the above-mentioned statute and in the relevant precedent decisions. Evidence which addresses the following issue might be particularly helpful:

a) Please submit an available documentary eveidence which will indicate that you had, as of the priority date of this petition, a degree of influence on your field which distinguishes you from other researchers with comparable academic or professional qualifications. Such evidence might consist of, but is not necessary limited to, copies of articles or excerpts from trade publications, journals, or magazines in which your research achievements are cited, commented on, or otherwise specifically mentioned; or evidence of official recognition conferred or betowed upon you by government bodies, professional organizations, or other such entities.

You may also choose to submit any other evidence which you feel may be relevant to documenting your eligibility for this waiver.

I have short quesitons, please help:
1) Is this a general RFE asking for eveidences for all the three prongs of the NIW, or just asking for evidences for the third prong.
2) Anything special that the acting director reviewed my petition?
2) anyone knows the attorneys who are good at handling such type of RFE?
 
dates about the 140 application

PD: 09/30/2005
Date transferred from VSC to NSC: 05/11/2006
 
Guo,

Did you not submit the documents with number of citations for your published articles and copies of some cited papers, which discuss your work, just not footnote citations?
 
documentation disorganized

Hi eb1a-query, what you said is right.

This was a rush submission. I admit the citations were not organized well. I just include what the scifinder searched for, which only included the titles and abstracts of the publications that cited my articles. In retrospection, I found out another possible mistake. I put the 7 recommendation letters at the end of the documentations which is not convenient for the officer to review.

Do you think this is a harsh RFE hard to deal with?
 
No, it can be dealt with and it's a pretty common RFE. Good thing is that you have additional documnets to provide. Organize your documents in a proper way, so that the officer can find everything easily. Have a list of documents as Exhibit 1, 2, etc and clearly distinguish those exhibits with a cover page.

If you have access to web-of-science, get the citation from that too (in addition to SciFinder). Then it will give you an option of showing citing countries. It will be helpful to show that your articles have been cited all over the world.

Also, get the the copies of the pages of the articles that discuss your work (1st page, the page where it talks about your work, and the reference page). Then highlight the section and your article in the ref. sec.

Most importantly, get strong reco letters from INDEPENDENT experts in your field. they often ask to draft a letter. Just draft very strong letters and mention why it is of national interest and why you should receive a waiver (or you can also provide a model letter to the experts for them to write).the letters should not be verbatim.

also search the forum. there are lot of good sugestions from the senior members.
 
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