NIW/RFE Help!

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puma2012NIW

Registered Users (C)
I submitted my I-140 last September (DIY). And got RFE recently. There are two paragrahs in the RFE letter, please see the details below.

1. Which documents are required to submit to USCIS?
2. Does it have nothing to do with Labor Certification? Thanks.

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

Please submit any available additional documentary evidence that, as of the petition priority date, you had a degree of influence on your field that distinguishes you from other scientists with comparable academic/professional qualifications. The evidence may include, for example, copies of additional published articles that cite or otherwise recognize your research achievements. Similarly, if applicable, evidence of official recognition conferred on you by governmental entities or professional organizations may also be submitted."
 
puma2012NIW said:
I submitted my I-140 last September (DIY). And got RFE recently. There are two paragrahs in the RFE letter, please see the details below.

1. Which documents are required to submit to USCIS?
2. Does it have nothing to do with Labor Certification? Thanks.

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

Please submit any available additional documentary evidence that, as of the petition priority date, you had a degree of influence on your field that distinguishes you from other scientists with comparable academic/professional qualifications. The evidence may include, for example, copies of additional published articles that cite or otherwise recognize your research achievements. Similarly, if applicable, evidence of official recognition conferred on you by governmental entities or professional organizations may also be submitted."
Click to expand...

Type in NYSDOT in google search you will get that case disccusion
basically they are asking for third criteria of NIW

It essentaiily proves that

You will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.

Your abilities and achievements are exceptional, significantly above the peers & justify projections of future benefit to the national interest.

and yes you may also have to justify

The National Interest would be Adversely Affected If a Labor Certificate were required for you &

Your Request for a National Interest Waiver is not based on labor shortage of qualified workers in the given field.
 
Please submit any available additional documentary evidence that, as of the petition priority date, you had a degree of influence on your field that distinguishes you from other scientists with comparable academic/professional qualifications. The evidence may include, for example, copies of additional published articles that cite or otherwise recognize your research achievements. Similarly, if applicable, evidence of official recognition conferred on you by governmental entities or professional organizations may also be submitted

Now here you have to address your influence on the field and the labor cetification adversely affect national interest. Labor certification process is intended based mainly on educational degrees and qualifications. If a US worker has the same degree as yours, then you and US worker do the project to the same degree. But if you have excellence in your area than a US worker holding minimum degree, then you qualify here. You have to prove your excellence. It can be 1) awards of national standrds, 2) membership in associations, 3) publication about you in major trade journals, 4) patents 5) multiple international citations in journal articles, reviews, book chapters, patents, and websites 6) invited by public institutions and private companies to present your groundbreaking work 7) pointed novel way toward new biomedical applications and treatments, which save the United States billions of dollars per year in healthcare and treatment 8) work of major significance in the filed etc.
Thus you prove that you are a relatively young researcher despite your highly successful and recognized accomplishments and the traditional labor certification route is unavailable to you despite your excellence. The united states is fortunate that you are more than qualified under the NIW criteria based on own merits and outstanding past record.The function of labor certification in ensuring that no qualified Americans are displaced is certainly important to the national interest. However, you have to make clear that waiving labor certification in order to retain you would serve the national interest to a far greater extent. You distinguished himself by being able to achieve success time and time again in research areas. Your work has pointed toward solutions for problems such as... which affect the lives of millions of American and families. Retaining You under the NIW ensures that the United States has excellent opportunities for improving the health outcomes of individual patients and saving on healthcare dollars. (this is just an example. the case varies with your abilities and achievement).
 
Niw/rfe

But my lawyer told me my case is noting to do with Lab Certification. He asked me submit several recommendation letters, citations, medica coverage, additional publications. That's it! Can I believe him? Confusing!










eldhon said:
Please submit any available additional documentary evidence that, as of the petition priority date, you had a degree of influence on your field that distinguishes you from other scientists with comparable academic/professional qualifications. The evidence may include, for example, copies of additional published articles that cite or otherwise recognize your research achievements. Similarly, if applicable, evidence of official recognition conferred on you by governmental entities or professional organizations may also be submitted

Now here you have to address your influence on the field and the labor cetification adversely affect national interest. Labor certification process is intended based mainly on educational degrees and qualifications. If a US worker has the same degree as yours, then you and US worker do the project to the same degree. But if you have excellence in your area than a US worker holding minimum degree, then you qualify here. You have to prove your excellence. It can be 1) awards of national standrds, 2) membership in associations, 3) publication about you in major trade journals, 4) patents 5) multiple international citations in journal articles, reviews, book chapters, patents, and websites 6) invited by public institutions and private companies to present your groundbreaking work 7) pointed novel way toward new biomedical applications and treatments, which save the United States billions of dollars per year in healthcare and treatment 8) work of major significance in the filed etc.
Thus you prove that you are a relatively young researcher despite your highly successful and recognized accomplishments and the traditional labor certification route is unavailable to you despite your excellence. The united states is fortunate that you are more than qualified under the NIW criteria based on own merits and outstanding past record.The function of labor certification in ensuring that no qualified Americans are displaced is certainly important to the national interest. However, you have to make clear that waiving labor certification in order to retain you would serve the national interest to a far greater extent. You distinguished himself by being able to achieve success time and time again in research areas. Your work has pointed toward solutions for problems such as... which affect the lives of millions of American and families. Retaining You under the NIW ensures that the United States has excellent opportunities for improving the health outcomes of individual patients and saving on healthcare dollars. (this is just an example. the case varies with your abilities and achievement).
Click to expand...
 
in NIW category you prove this by establishing your credentials so if you do so...its automatically said!!
 
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