RFE NIW received. Help ??

cncoold

Registered Users (C)
I received an RFE titled " Request for initial evidence" rather than "request for additional evidence" today from TSC.

They have a lot of stuff written about NY DOT
and then it says

" The evidence you have submitted does not clearly establish that the National Interest would be adversely affected if a labot certification were required. The service is not convinced that your accomplishments are substantially greater than the other researchers working in your fild of expertise. therefore, you have not established that you would serve the national interest to a substantially greater degree than an available US worker having the same minimum qualification. "

" It must be noted that all letters of refernce indicate that the benificiary has conducted successful reserach and discuss the potential impact of his research work. The service cannot approve NIW based on one's research work without evidence of significant accomplishments which have already impacted the filed or a specific industry. "

Please submit evidence for

Please demonstrate how your achievements are more significant/noteworty than others in the field and are above that normally attained by somebody at your current level. To establish this you should submit letters from independent witnesses who have not worked with you but are familiar with your impactr on the filed"


My questions:

1, How is this RFE. I have no experience with these. Does this look bad ??

2, From what I read they want "unbiased" review of my work. Is that correct ? If this is what they want, I can quite easily show thsiI am planning to send letter from the editors of two journals describing the importance of my work. Also, two more letters from the DoD. What else would one advise ?

3, What else do I need to do ?

Thanks

cncoold
 
Originally posted by cncoold

What else do I need to do ?


Hire an attorney. At least get a consultation to see if your petition can be salvaged. You have a huge hurdle to overcome.

Brian
 
You need to do the following otherwise you are case is screwed:

1) Get citation index for your publications, also get those publications where your work has been cited either in articles or in some thesis.

2) Get some letters from private comany say consultancy in your field about the implications of your work.


3) Go to Senators office and talk to their science or public policey advisor and tell them about your work and its importance for General Public day to day life etc and environment etc etc. Its easy to get letters from Senators.

4) Ask your Boss to write a letter that when he hired you he advertised the position at International level through discussion groups or web and then you were the best among huge number of applicants.

I am sure if you can do all the four you,ll be ok.
 
Thanks Brian and Moonlight101

I have
-6 journal papers (5 first author and 1 second autor) including 2 single author from peer-reviewed Journals.
-numerous other conference papers, reports, presentations, awards etc.
- Principal investigator on two DoD projects which I already sent
- 15 citations which I already sent
- initially sent 9 strong reference letters but *none* that was from "independent witnesses". Two from DoD saying that my work has substantial and immediate impact.


My worry about going to an attorney is that they would never know as much as I do about my work. Please correct me if I am wrong. How can they really help ?


I could more letters -maybe 5-6 from DoD and journal editors that dont know me personally. Not many private companies work in the field Oceanography. I coul potentially get letters from Senators. I could also get my Boss to write the letter. But, I am not sure if that is what INS wants. From what I interpreted from the letter, they
seem to be more interested in "unbiased" review of my work.

cncoold
 
Template letter from Senator?

Many thanks for this information!
"3) Go to Senators office and talk to their science or public policey advisor and tell them about your work and its importance for General Public day to day life etc and environment etc etc. Its easy to get letters from Senators."


Does any one happen to have a template letter from a Senator for NIW? I greatly appreciate if you could email me a copy at hongzhouxu@hotmail.com

Michael
 
I don't think an attorney can help you more than you help yourself, beause you know better about yourself than an attorney. Maybe to start a petition, an attorney can help, since one doesn't know how to start. At your stage, to hire an attorney only wastes time and money. Just my opinion.

Lao-Yi


Originally posted by cncoold
Thanks Brian and Moonlight101

I have
-6 journal papers (5 first author and 1 second autor) including 2 single author from peer-reviewed Journals.
-numerous other conference papers, reports, presentations, awards etc.
- Principal investigator on two DoD projects which I already sent
- 15 citations which I already sent
- initially sent 9 strong reference letters but *none* that was from "independent witnesses". Two from DoD saying that my work has substantial and immediate impact.


My worry about going to an attorney is that they would never know as much as I do about my work. Please correct me if I am wrong. How can they really help ?


I could more letters -maybe 5-6 from DoD and journal editors that dont know me personally. Not many private companies work in the field Oceanography. I coul potentially get letters from Senators. I could also get my Boss to write the letter. But, I am not sure if that is what INS wants. From what I interpreted from the letter, they
seem to be more interested in "unbiased" review of my work.

cncoold
 
Can anybody tell me why the officer struck out
"request for additional infomation" and hand wrote "request for initial information". Any ideas.
I am perplexed!

Thanks all for your help!

cncoold
 
Hi Buddy I think you need a good attorney otherwise your case is gone.

I think you can still salvage it but need to work hard.

I gathered that you are in Oceanography, I don't know what type of res you do. Do one thing, print the papers published in Nature, Science, National Geography related to your work and draft a strong letter relating your work to those and take this letter to appropriate public polcey makers, Director of some Institutes, and ask those guys to write you letters.

One important thing is How can you translate your Research into simple words so that common person can understand the impact of it. So Write an essay about your work and what sought of impacts it has on US economy, environment, Socioculture. If you cannot directly relate to these, u'r case for NIW is not strong.

Good luck I am sure you,ll get through.
 
independent letters...

It seems like INS officer do not believe your qualification that you already have had. If you can offer two or three independent letters I think it might be much better. good luck.
 
Approved

My petition was approved on April 30. I replied to RFE on April 07.

Thanks to all for you help.

self-petitioned - no lawyer - no do it yourself kits.

cncoold
 
Got 5 more letters from journal editors, people at DoD and other researchers.

Then explained importance of research, necessary skills require to perform research, elaborated on how my skills are used to meet challenges. Used quotes from letters both current and prevous to prove my point.
Quite simple actually. Took me just couple of days to write a 5 page letter.

cncoold
 
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