RFE...Please help with your kind inputs

kadavath1967

Registered Users (C)
Hi All,

I received RFE today and the major 3 points that I wanted to stress on my EB-1 EA application got request for evidence. Out of the 10 areas I used the following 3 to file my petition. My application was filed on 08/18/03 and this RFE came in on 12/14/04. The areas are as follows:

(3) Published material about the alien in professional or major trade publications or other major media relating to the alien&s work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material and any necessary translation.

The petitioner asserts that his discoveries have been alluded top professional journals. However, citation of the petitioner’s work does not establish that the articles in question are “about” the petitioner or his work. An alien cannot satisfy this criterion simply by establishing that his or her name has appeared in print. Citation of the work of others is expected and routine in the scientific community. The petitioner does not establish national or international acclaim by demonstrating that his or her work has been cited in print. The very fact that the work has been cited demonstrates that other scientists have found his or her research to be useful, but a scientist does not earn widespread a claim, simply by producing useful or valid results. The impact and implications of a scientist findings must be weighed, The record in this case by and large describes rather than evaluates the petitioner’s work:

Therefore, if addressed, submit evidence to establish title significance of the published material submitted about the alien’s work; and how it demonstrates international recognition for extraordinary achievement compared to others in the field of endeavor. Indicate the publication’s name, if it has local, national, or international circulation, how often it is printed and the number of copies printed.

Can I give copies of the publications where my works are cited? Will that be sufficient. I think the office who evaluated my petition disputes on a line of "name citation" and "adaption of work", am I right? How can I address this issue, beyond giving a copy of some of the publication cited my work?

(5) Evidence of the alien’s original scientific, scholarly artistic athletic, or business-related contributions of major significance in the field.

Provide further evidence to establish how the alien’s work is considered original and how it has made a major contribution of significance in his or her field of endeavor as compared Co all others in the field.
The regulatory criteria have been designed to provide objectively quantifiable factors to establish an alien’s degree of recognition. Eligibility resides with the alien and his or her individual accomplishments in the field of endeavor rather than wholly or primarily on the accomplishments of others. The petitioner must establish that he or she is one of the top Researchers in the field and this must be accompanied by evidence that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise.

What should I do here to satify the officer?




(6) Evidence of the aliens authorship of scholarly articles in the field in professional or major trade publications or other major media

Provide further evidence to establish the significance and importance of the alien’s scholarly articles in the field. Additionally, provide further evidence to establish the significance and importance of the professional or major trade publications or other major media that have published the alien's scholarly articles, Indicate if the publication has local, national; or international circulation, how often it is printed and the number of copies printed.

I had given all information I can when filed the petition. What further information I can give?

If any of you guys faced these kind of questions, please let me know how you answered, also please let me know the INS reply to it.
I would highly appreciate your help in this regard.

Best Regards
 
kadavath1967 said:
Hi All,

I received RFE today and the major 3 points that I wanted to stress on my EB-1 EA application got request for evidence. Out of the 10 areas I used the following 3 to file my petition. My application was filed on 08/18/03 and this RFE came in on 12/14/04. The areas are as follows:

(3) Published material about the alien in professional or major trade publications or other major media relating to the alien&s work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material and any necessary translation.

The petitioner asserts that his discoveries have been alluded top professional journals. However, citation of the petitioner’s work does not establish that the articles in question are “about” the petitioner or his work. An alien cannot satisfy this criterion simply by establishing that his or her name has appeared in print. Citation of the work of others is expected and routine in the scientific community. The petitioner does not establish national or international acclaim by demonstrating that his or her work has been cited in print. The very fact that the work has been cited demonstrates that other scientists have found his or her research to be useful, but a scientist does not earn widespread a claim, simply by producing useful or valid results. The impact and implications of a scientist findings must be weighed, The record in this case by and large describes rather than evaluates the petitioner’s work:

Therefore, if addressed, submit evidence to establish title significance of the published material submitted about the alien’s work; and how it demonstrates international recognition for extraordinary achievement compared to others in the field of endeavor. Indicate the publication’s name, if it has local, national, or international circulation, how often it is printed and the number of copies printed.

Can I give copies of the publications where my works are cited? Will that be sufficient. I think the office who evaluated my petition disputes on a line of "name citation" and "adaption of work", am I right? How can I address this issue, beyond giving a copy of some of the publication cited my work?

(5) Evidence of the alien’s original scientific, scholarly artistic athletic, or business-related contributions of major significance in the field.

Provide further evidence to establish how the alien’s work is considered original and how it has made a major contribution of significance in his or her field of endeavor as compared Co all others in the field.
The regulatory criteria have been designed to provide objectively quantifiable factors to establish an alien’s degree of recognition. Eligibility resides with the alien and his or her individual accomplishments in the field of endeavor rather than wholly or primarily on the accomplishments of others. The petitioner must establish that he or she is one of the top Researchers in the field and this must be accompanied by evidence that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise.

What should I do here to satify the officer?




(6) Evidence of the aliens authorship of scholarly articles in the field in professional or major trade publications or other major media

Provide further evidence to establish the significance and importance of the alien’s scholarly articles in the field. Additionally, provide further evidence to establish the significance and importance of the professional or major trade publications or other major media that have published the alien's scholarly articles, Indicate if the publication has local, national; or international circulation, how often it is printed and the number of copies printed.

I had given all information I can when filed the petition. What further information I can give?

If any of you guys faced these kind of questions, please let me know how you answered, also please let me know the INS reply to it.
I would highly appreciate your help in this regard.

Best Regards

If you could post your overall qualifications (number of pubs, citations, awards etc.) people might be able to give better replies.

Do you have rec letters from people you have not worked with?
 
(3) Published material about the alien in professional or major trade publications or other major media relating to the alien&s work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material and any necessary translation.

The petitioner asserts that his discoveries have been alluded top professional journals. However, citation of the petitioner’s work does not establish that the articles in question are “about” the petitioner or his work. An alien cannot satisfy this criterion simply by establishing that his or her name has appeared in print. Citation of the work of others is expected and routine in the scientific community. The petitioner does not establish national or international acclaim by demonstrating that his or her work has been cited in print. The very fact that the work has been cited demonstrates that other scientists have found his or her research to be useful, but a scientist does not earn widespread a claim, simply by producing useful or valid results. The impact and implications of a scientist findings must be weighed, The record in this case by and large describes rather than evaluates the petitioner’s work:

Therefore, if addressed, submit evidence to establish title significance of the published material submitted about the alien’s work; and how it demonstrates international recognition for extraordinary achievement compared to others in the field of endeavor. Indicate the publication’s name, if it has local, national, or international circulation, how often it is printed and the number of copies printed.

Can I give copies of the publications where my works are cited? Will that be sufficient. I think the office who evaluated my petition disputes on a line of "name citation" and "adaption of work", am I right? How can I address this issue, beyond giving a copy of some of the publication cited my work?

Published materials are not the cited work by others, they are news relating the alein's work appeared in some trade (e.g Times, Newsweeks) or prfessional (e.g Science, Nature, C & E News) journals. If you have something like these, submit the copies.

(5) Evidence of the alien’s original scientific, scholarly artistic athletic, or business-related contributions of major significance in the field.

Provide further evidence to establish how the alien’s work is considered original and how it has made a major contribution of significance in his or her field of endeavor as compared Co all others in the field.
The regulatory criteria have been designed to provide objectively quantifiable factors to establish an alien’s degree of recognition. Eligibility resides with the alien and his or her individual accomplishments in the field of endeavor rather than wholly or primarily on the accomplishments of others. The petitioner must establish that he or she is one of the top Researchers in the field and this must be accompanied by evidence that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise.

What should I do here to satify the officer?

These will come mostly from the letters of your experts. You need their statements how your work is important, original and novel. Other supporting evedences are your presentations in national and international meetings, jounal's impact factor, good number of ciations and the higher citation number of your particular paper compared with the journal's own impact factor.


(6) Evidence of the aliens authorship of scholarly articles in the field in professional or major trade publications or other major media

Provide further evidence to establish the significance and importance of the alien’s scholarly articles in the field. Additionally, provide further evidence to establish the significance and importance of the professional or major trade publications or other major media that have published the alien's scholarly articles, Indicate if the publication has local, national; or international circulation, how often it is printed and the number of copies printed.

I had given all information I can when filed the petition. What further information I can give?

Publications, Journals' information, Journals' impact factors, good number of citations by other people
 
Thanks for your reply.

I have two Masters (Bio Medical Engg & Microbiology) from India and Phd from the US. Two first author papers in total of 7 publications. The first author papers are published in "OK" journals NOT excellent journals.

I have lots of Citations of my publications (may be around 100 citations), no awards, apart from grants (I already informed about these to INS). I had given 9 rec letters from various reserchers,but not from out of my field of study, and not from the industry. All the rec letters were from the edicational sector.

Please help me reply to INS.
 
kadavath1967 said:
Hi All,
(3) Published material about the alien in professional or major trade publications or other major media relating to the alien&s work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material and any necessary translation.

unfortunately, citatitions do not qualify under this category; and this is established by several decisions by Appeals board. However, you can use
citations to support your claims in (5) and (6). Therefore, in the eyes of BCIS, you have not submitted any evidence in this category.

(5) Evidence of the alien’s original scientific, scholarly artistic athletic, or business-related contributions of major significance in the field.

use recommendation letters and citations to your work to explain why your work is extraordinary.

(6) Evidence of the aliens authorship of scholarly articles in the field in professional or major trade publications or other major media
]


use citations, papers, and the info about the journals to establish that you have made extraordinary contributions.


In sum, according to what you write, the info you tell us may qualify you in at most two categories, even if BCIS agrees with you on (5) and (6). I strongly suggest that you submit evidence in other categories;
for instance judge of others work and awards. otherwise replying to this RFE as you plainly put will get you a denial, IMO. I dont want to scare you but I just want to caution you!
 
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