Please help for DIY EB-1A 140 RFE

Eb-1A-TSC

Registered Users (C)
Filed EB-1A 140/485 with PP to TSC on May 15. Just got RFE today. So depressed.

In the RFE, they basically list all original requirements from I-140 form. But they seems look over my petition (not sure how fast though). I have already submitted all supporting documents and clearly claimed them in cover letter. Maybe I claimed too many categories. How do I answer these questions? Please see detail requests below. Any suggestion would be greatly appreciated!


Please submit:
• Evidence of extraordinary ability or comparable evidence to establish that an alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise
• Evidence of a one-time achievement (that is, a major, internationally-recognized award).

OR

If the record does not include a major award, the beneficiary must then qualitatively meet at least three of the following ten criteria

1. Evidence of a lesser nationally or internationally recognized prizes or awards for excellence;

I provided some awards from professional association and schools. USCIS did not request more info here. I think I do not meet this requirement, so they did not even ask more info for this, right?


2. Membership in associations in the field that demand outstanding achievement of their members.

RFE states: the petitioner stated that they have membership in Sigma Xi, that requires outstanding achievement of its members. The requirements for inclusion into those associations were submitted, however, the prestige and importance of the organization has not been substantiated.

I have submitted some info about Sigma Xi. Do I need to submit more detail info of this association showing its prestige and importance? Such as more than 200 members have won the Nobel Prize, etc. I also can ask the president or chapter chair to write a letter to confirm the prestige and importance of this organization. Is this Ok? Any other suggestions?


3. Evidence of published material in professional or trade publication or in major media publications about the beneficiary’s work

RFE does not say anything in detail about this. My work was reported in many media including newspapers, magazines, and internet. I provided all copies to them. But all media report did not mention my name but my boss’ name. Does USCIS think I do not meet this requirement? Since they did not ask more info, do I need restate this part?

4. Evidence that the beneficiary has served as a judge of the work of others in the same field either individually, or as a member of a panel.

RFE said: the beneficiary has submitted evidence that they have served as a judge of the work of others. Please submit evidence that beneficiary has received international acclaim and status to be a reviewer of manuscripts and texts.

I only reviewed papers for journals in the US, of course they are international journals. I did not review papers for journal in other countries. How do I deal with this request? I plan to ask some reference letters from Europe. Is this Ok?

5. Evidence of the beneficiary’s original scientific, scholarly, artistic, or business related contributions of major significance.

RFE states: the beneficiary submitted articles and abstracts of research. It appears, however that the beneficiary is not the lead researcher, but working under someone in support capacity. Submit evidence that the beneficiary is playing a leading role and that the research has provided a significant impact in its relative field.

No idea how to answer this one. I have 11 journal papers and 2/3 first authored. Also first authored 2/3 of 11 presentations. I have already provided many detailed info about the significant impact of the research. Do I repeat this part again? I am not a PI or co-PI, so I did not claim the leading role, but I claimed a critical role since I do play a critical role in many projects, which is verified by PIs in their letters. Do I still claim the critical role? What else info will help this claim?

6. Evidence of the alien’s authorship of scholarly articles.

RFE states: the petitioner has submitted evidence of his scholarly articles that have been published. Please explain their importance in the relative field, to prove the beneficiary has sustained national or international acclaim.

Again, I have already provided citations info including many review papers mentioned my name. Most of these citations are from authors in US and Europe. How do I prove this with more evidence? Reference letters from Europe or letter from these authors (if they would like to write it for me) would work? What else?

7. Display of the alien's work at artistic exhibition or showcases.
8. Evidence the alien has performed in a leading or critical role for organizations that have a distinguished reputation.

RFE states: the beneficiary has participated in search in science, however there is no evidence that his role in the research was done in a leadership capacity. Please show that the beneficiary is performing in a leading role in the research, and how that research that research is making a substantial impact in the field of study.

I claimed the critical role in the projects and cited the comments about my critical role from PIs. I did state how my research is making a substantial impact in the field of study. How do I answer this? Continue claim the critical role? What else to show that my research is making a substantial impact in the field?

9. Evidence that the alien commands high remuneration in relation to other in the fields.
10. Evidence of commercial success in the performing arts.

• If the above standards do NOT readily apply to the beneficiary’s occupation, the petitioner may do submit comparable evidence to establish the beneficiary’s ability.


It would be greatly appreciated if you could give me any suggestions!
 
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I am new here in this forum. Thanks for so many useful information.

But still a little disappointed because there is not even one word suggestions for my RFE. :(

It would be appreciated if someone could offer any suggestions!
 
You can find lot’s of similar RFE related very good informative discussions in this forum ….don’t be depressed if NO one bother to suggest you particularly as no one wants to write same suggestion again and again to every one .. right? I am one of you, fighting to get approval still here are few quick suggestions …
1. Time to hire a good EB1 EA specialized Attorney.
2. Time to write a better cover letter
3. Time to get more independent support letters out side from your circle preferable out side of USA.
4. First select 3 main criteria and 2-3 additional criteria to claim.
5. Claim point by point which criteria you are satisfying. Do not confuse officer claiming week point first and strong points later. NOT necessary you have to claim or answer these criteria in an order as written in the RFE.
6. After reading your posting here are my suggestions:

i) 1. Evidence of a lesser nationally or internationally recognized prizes or awards for excellence
Don’t write anything this time.
ii) Membership in associations in the field that demand outstanding achievement of their members.
RFE states: the petitioner stated that they have membership in Sigma Xi, that requires outstanding achievement of its members. The requirements for inclusion into those associations were submitted, however, the prestige and importance of the organization has not been substantiated.
I have submitted some info about Sigma Xi. Do I need to submit more detail info of this association showing its prestige and importance? Such as more than 200 members have won the Nobel Prize, etc. I also can ask the president or chapter chair to write a letter to confirm the prestige and importance of this organization. Is this Ok? Any other suggestions?
Hope your membership is FULL membership. Getting a letter from president will definitely help to show the prestige of the society but don’t stretch it too much on Sigma Xi membership as USCIS doesn’t count. Ask yourself why? Even though I also claimed this membership as supporting criteria but I know how I got this membership. It’s really easy to get if you have 2 or more publications.
3. Evidence of published material in professional or trade publication or in major media publications about the beneficiary’s work

RFE does not say anything in detail about this. My work was reported in many media including newspapers, magazines, and internet. I provided all copies to them. But all media report did not mention my name but my boss’ name. Does USCIS think I do not meet this requirement? Since they did not ask more info, do I need restate this part?
Check first how many criteria you satisfied. If it less than 3 you can claim it but claim #8 criteria first before stating this one as if you can prove that you performed a leading or critical role in a project it will be easy to claim these media reports where they mentioned you boss’s name. For this you need to get a very very strong letter from your boss stating “while there are a number of people involved in the projects, the work was entirely done by Dr. **** and as I am the corresponding authors and PI of the project all these media reported my conversation but credit entirely goes to Dr. *** …….. such and such”.
4. Evidence that the beneficiary has served as a judge of the work of others in the same field either individually, or as a member of a panel.
RFE said: the beneficiary has submitted evidence that they have served as a judge of the work of others. Please submit evidence that beneficiary has received international acclaim and status to be a reviewer of manuscripts and texts.
I only reviewed papers for journals in the US, of course they are international journals. I did not review papers for journal in other countries. How do I deal with this request? I plan to ask some reference letters from Europe. Is this Ok?
Send prints of the emails of the requested reviewed papers. If you can get letter from the editors of the Journal will help. (Unfortunately ACS journals doesn’t provide such letters when I requested from them. Unfortunately Poor me!!)

5. Evidence of the beneficiary’s original scientific, scholarly, artistic, or business related contributions of major significance.

RFE states: the beneficiary submitted articles and abstracts of research. It appears, however that the beneficiary is not the lead researcher, but working under someone in support capacity. Submit evidence that the beneficiary is playing a leading role and that the research has provided a significant impact in its relative field.

No idea how to answer this one. I have 11 journal papers and 2/3 first authored. Also first authored 2/3 of 11 presentations. I have already provided many detailed info about the significant impact of the research. Do I repeat this part again? I am not a PI or co-PI, so I did not claim the leading role, but I claimed a critical role since I do play a critical role in many projects, which is verified by PIs in their letters. Do I still claim the critical role? What else info will help this claim?
Claim it otherwise it will be difficult to satisfy three criteria. Even though you are not PI or Co- PI ask you boss whether he mentioned your name and SSN no during project renewal. And this will help to claim “3. Evidence of published material in professional or trade publication or in major media publications about the beneficiary’s work” too.
6. Evidence of the alien’s authorship of scholarly articles.

RFE states: the petitioner has submitted evidence of his scholarly articles that have been published. Please explain their importance in the relative field, to prove the beneficiary has sustained national or international acclaim.

Again, I have already provided citations info including many review papers mentioned my name. Most of these citations are from authors in US and Europe. How do I prove this with more evidence? Reference letters from Europe or letter from these authors (if they would like to write it for me) would work? What else?
Count how many citations you have. Spend lot’s of time on different Search Engines and keep playing with your name (title). I don’t know which field you are working but if possible Search Scifinder, ISI Web of Science and Google !! Check http://books.google.com/ too … I was surprised to see 10 book chapters discussed my work and 5 of them never detected by Scifinder… . you might be surprised too.

7. Display of the alien's work at artistic exhibition or showcases.
I know few successful people to claim this criterion when they presented any Poster in any national or international meeting. May be they already satisfied other 3 criteria that’s why USCIS officer did not say anything. But I also read one appeal in USCIS web to keep this criterion for Artists. I have no suggestion here.
8. Evidence the alien has performed in a leading or critical role for organizations that have a distinguished reputation.
RFE states: the beneficiary has participated in search in science, however there is no evidence that his role in the research was done in a leadership capacity. Please show that the beneficiary is performing in a leading role in the research, and how that research that research is making a substantial impact in the field of study.
I claimed the critical role in the projects and cited the comments about my critical role from PIs. I did state how my research is making a substantial impact in the field of study. How do I answer this? Continue claim the critical role? What else to show that my research is making a substantial impact in the field?
Read Above #3
Good Luck buddy. Fight fight and fight.
 
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Hi pana,

Wish you good luck with your I140.

EB1today

Thanks EB1today for the wish. We all are unique in our respective field..We all deserve approvals.. unfortunately some people has to fight more .. Good luck to all of us. :)
 
Hi Pana,

Thank you very much for your detailed suggestions. they are very useful. And you are so nice. I will ask a strong letter from my boss and other independent letters from outside of the US.

Wish we all good luck!
 
Hi Pana,

Thank you very much for your detailed suggestions. they are very useful. And you are so nice. I will ask a strong letter from my boss and other independent letters from outside of the US.

Wish we all good luck!

U r welcome ... keep us posted as you go .. good luck !
 
No need to calim criterion 7

7. Display of the alien's work at artistic exhibition or showcases.

I know few successful people to claim this criterion when they presented any Poster in any national or international meeting. May be they already satisfied other 3 criteria that’s why USCIS officer did not say anything. But I also read one appeal in USCIS web to keep this criterion for Artists. I have no suggestion here.

Indeed, it is pretty clear that this criterion is not for EA in science. You can check this in a couple of denied appeals. Don't bother saying anything on this one.

ChrisV
 
Hi ChrisV,

Thank you very much. I won't claim this criterion. Any more suggestion on others?

Thanks again

Eb-1A-TSC

7. Display of the alien's work at artistic exhibition or showcases.

I know few successful people to claim this criterion when they presented any Poster in any national or international meeting. May be they already satisfied other 3 criteria that’s why USCIS officer did not say anything. But I also read one appeal in USCIS web to keep this criterion for Artists. I have no suggestion here.

Indeed, it is pretty clear that this criterion is not for EA in science. You can check this in a couple of denied appeals. Don't bother saying anything on this one.

ChrisV
 
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