peachberry
New Member
RD: 05/16/2005 (@NSC)
RFE: 07/06/2005
RFE listed two full pages. The first two-prongs are OK. The third one is not:
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Third, it must be established that alien will serve the national interest to *a substantial greater degree* than would an available U.S. worker having the same minimum qualification. This third prong has not been adequately documented.
Although you have demonstrated success in your field, the documentation falls short of establishing that you have a record of achievement making you so uniquely qualified as to forego the labor certification process in order to allow you to continue to work. The letters written on your behalf, although they speak of and to your accomplishments, your skill, and you dedication, do not adequately establish the overall impact of your specific work on the field. It is also not clear how your level of accomplishment compares to the accomplishments of other successful scientists in your field. Although it appears your work contributes to the body of knowledge in the field, the type of research progress discussed would not from a layman’s comprehension appear to constitute the level of breakthrough that would qualitify you for the benefit being sought. It is not clear that the results of your research have been widely implemented across your field.
……
1. Submit evidence related to your ability to perform the duties of the proposed employment position. To be considered in the national interest you must make a showing significantly above that necessary to prove the “prospective national benefit” required of all aliens seeking to qualify as “exceptional”. Exceptional is defined under Service regulation as …”a degree of expertise significantly above that ordinary encountered in the sciences, arts, or business.”
2. You must persuasively demonstrate that the national interest would be adversely affected if a labor certification were required. You must demonstrate that it would be contrary to the national interest to potentially deprive the prospective employer of your services by making available to US workers the position you seek.
3. You must establish you are not seeking a national interest waiver based on a shortage of qualified workers in a given field, regardless of the nature of the occupation. The national interest waiver is not warranted solely for the purpose of ameliorating a local labor shortage.
4. Again, you must establish you have a past record of specific prior achievement that justifies projections of future benefit to the national interest. You must establish, in some capacity, your ability to serve the national interest TO A SUBSTANTIALLY GREATER DEGREE THAN THE MAJORITY OF YOUR COLLEAGUES WHO ARE ALSO PRODUCTIVE AND SUCCESSFUL. You must demonstrate to some degree you influence on your field of employment as a whole.
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Could anyone help me how to answer these questions? Thanks.
Peachberry
RFE: 07/06/2005
RFE listed two full pages. The first two-prongs are OK. The third one is not:
****************************************************************************
Third, it must be established that alien will serve the national interest to *a substantial greater degree* than would an available U.S. worker having the same minimum qualification. This third prong has not been adequately documented.
Although you have demonstrated success in your field, the documentation falls short of establishing that you have a record of achievement making you so uniquely qualified as to forego the labor certification process in order to allow you to continue to work. The letters written on your behalf, although they speak of and to your accomplishments, your skill, and you dedication, do not adequately establish the overall impact of your specific work on the field. It is also not clear how your level of accomplishment compares to the accomplishments of other successful scientists in your field. Although it appears your work contributes to the body of knowledge in the field, the type of research progress discussed would not from a layman’s comprehension appear to constitute the level of breakthrough that would qualitify you for the benefit being sought. It is not clear that the results of your research have been widely implemented across your field.
……
1. Submit evidence related to your ability to perform the duties of the proposed employment position. To be considered in the national interest you must make a showing significantly above that necessary to prove the “prospective national benefit” required of all aliens seeking to qualify as “exceptional”. Exceptional is defined under Service regulation as …”a degree of expertise significantly above that ordinary encountered in the sciences, arts, or business.”
2. You must persuasively demonstrate that the national interest would be adversely affected if a labor certification were required. You must demonstrate that it would be contrary to the national interest to potentially deprive the prospective employer of your services by making available to US workers the position you seek.
3. You must establish you are not seeking a national interest waiver based on a shortage of qualified workers in a given field, regardless of the nature of the occupation. The national interest waiver is not warranted solely for the purpose of ameliorating a local labor shortage.
4. Again, you must establish you have a past record of specific prior achievement that justifies projections of future benefit to the national interest. You must establish, in some capacity, your ability to serve the national interest TO A SUBSTANTIALLY GREATER DEGREE THAN THE MAJORITY OF YOUR COLLEAGUES WHO ARE ALSO PRODUCTIVE AND SUCCESSFUL. You must demonstrate to some degree you influence on your field of employment as a whole.
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Could anyone help me how to answer these questions? Thanks.
Peachberry