RFE on EB1 extraordinary ability category

parua

New Member
Hi,
I am a post doctoral researcher (present title is research scientist) at the
State universsity of NY, at Stony Brook. I work at Fermi National Accelerator Laboratory. I had submitted a green card application in Extraordinary ability category in Feb, 2004. I have received a RFE on that.
I believe the letter is a standard one that says,
"The documentation submitted is not sufficient to warrant favourable considerstion of your petition/application.
See attachment for details"

Then on the attachment it says
" Although it appears that you are a very successful researcher, the evidence you have submitted does not establish eligibility for this very restrictive classification
.....
....."

My background is the following

1> I am doing research in the field of experimental particle physics for past 10 years. I work in a big scientific collaboration of 500 people, and have published over 100 papers mostly in prestigious Physical Review Letters.
Of course all these papers have about 500 authors in those, as all are published as a collaboration work.
2> One of those papers is a discovery paper, that has more than 1000 citation. I was closely associated with this work, and my name appeared on Indian national news papers (along with other Indian collaborators) with the
news of the discovery.
3> A followup paper on this is also published in Nature (not at the time when I submitted the I140 petition)
4> Paper on my thesis (also a collaboration paper signed by 500 people) is published in Physical Review Letters and received over 50 citations so far.
A followup article on that, with about 25 other scientists has received over 100 citations so far.
5>I lead an effort involving 75 physicists for 2 years. This was a million dollar detector project for our collaboration.
6> presently I lead a group of 20 physicists for detector calibration that is crucial for the collaboration. I was selected to do this job because of my expertise in the area.
7> I was/am involved in peer review of many scientific papers for the collaboration. Few of these are now published in prestigious journal.
8>people acknowledged me for my advice and expertise in two scientific papers in reputed journals and in few thesis.
9> With the I140 I submitted supporting letter from Physicists from Europe and America, including one Nobel prize winner, spokes person of the collaboration, assistant director of Fermilab, chief of French collaboration, director of University of Columbia's Nevis Lab.
10> I have given talks at about 7 reputed international conferences, and published my papers on 4 conference proceedings.

Can someone advice me about their expereince and how this RFE should be handled?
Thanks a lot
Nirmalya
 
Hi Nirmalya,

I was wondering whether you have specified your background in the forefront of your application. I mean the background is quite impressive although some of it is with joint effort. I know a case under EB1 approved with just @ 25% of your accomplishments. However, that was VSC and 2 yrs back. With the shortage of highly qualified personnel, I'm sure the USCIS yardstick has not been stiffer.

Your attorney now needs to apply his/her mind and highlight your exemplary record proving to be beneficial to this country.

Also, to mention that I'm an EB3 applicant and may not be qualified to suggest more, but there would be others close to you in this forum who can share their views.

Good luck.

DIGS
EB3, India
RD : Apr.04
140 ??
 
Finally saw somebody doing the similar thing as me. It is the sadness of working as part of a big collaboration. Myself is in experimental particle physics also. Co-authored numerous papers in PRL, tons of citations during Ph.D. at MIT. NIW filed in April 2003 at VSC and denied without RFE in Jan 2005. It seems high quality collaborative papers are much less valuable to VSC than one paper with less than three authors in any journal. It did not help even your collaboration leader states you are the leading guy for some of the publications. What else can you do? Appeal filed, they still standed firm and sent it to AAO to sit there for another year. You are luckier to get a RFE. Try to find some evidence involving only a few names. Good luck to overcome the RFE!
 
Hi Nobigdeal, and Digs,
Thanks for your replies.
Yes, I have published one paper with just 3 authors in Physics Letters B.
This paper got about 10 citations, and was also referenced in particle data group book that summarizes all important results on particle physics.
I did not highlight this paper in my application, but mentioned it. Apart from that all 4 conference papers are single author paper, but those are not really published in journal. Yes, I am also bit frustrated, as I know people get through with less evidences. So much of luck factor is built into this system, unfortunately.
 
No offense, your resume is impressive, but I think it is more suitable for outstanding researcher category. Your work is outstanding indeed. But for extraordinary ability I think you have to have a major piece of work that revolutionizes your field.
 
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