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Status of NIW applicants at VSC since September 2005
- Thread starter niwnow
- Start date
madgu-gc2005
Registered Users (C)
niwnow said:Madgugc2005, thanks for your comments
One more thing though, the letter mentions a golden label attached witht he letter. I never found anything in the letter, any of you had this experience?
why did they give only 30 days to respond? for me NSC has given time till Feb. 14, 2007.
Can you paste the RFE details?
My RFE
The details I posted are the gist of the RFE
The letter starts out listing the 10 criteria
Please satisfy 3 out of 10
Please showevidence you are in the top few % of your field
Merely showing 3 out of 10 does not mean you are alien of EA. Must show national and international acclaim.
The details I posted are the gist of the RFE
The letter starts out listing the 10 criteria
Please satisfy 3 out of 10
Please showevidence you are in the top few % of your field
Merely showing 3 out of 10 does not mean you are alien of EA. Must show national and international acclaim.
madgu-gc2005
Registered Users (C)
niwnow said:The details I posted are the gist of the RFE
The letter starts out listing the 10 criteria
Please satisfy 3 out of 10
Please showevidence you are in the top few % of your field
Merely showing 3 out of 10 does not mean you are alien of EA. Must show national and international acclaim.
why did they give 30 days response time? we got about 3 months to respond.
madgu-gc2005
Registered Users (C)
niwnow said:The difference must be the title on the letter, RFE (90 days) vs intent to deny (30 days)
I guess they figure, if you can't prove you are top of the field in 30 days you can't prove it in 90 either.
so the title itself says Intent to deny for you. Am I right?
sometimes you can't prove within 30 days meaning getting letters from independent experts who gives reco letter might take time. for example in my case i got RFE last month and still I am in the process of getting them. so do you think that NSC can deny anybody's case just like that. 3 months is quite reasonable time to respond to their RFE and if you are lucky you might get all the relevant information within 1 and half months. that is what I think.
NIW ETA750B Question?
Most of you know answer to this question please advise me.
I am preparing my NIW EB2 application, as you know we need to send ETA 750B form with the I-140 application question I have is this:
QUESTION; What should I mention in form ETA 750B, Column 8: Name & Address of Prospective Employer, if Alien has job offer in US?
Situation:
I am working in US with company "X" since 2001 as a Software Engineer, this is not the NIW position for which I am applying. Before coming to US I was doing research as a Environmental Specialist and now I want to apply for "NIW" for Environmental Specialist, I don't have a job offer from my current employer for Environmental Specialist but I am in US and working in some other field. above question says that if you have a job offer, it does not says if you have job offer for the position requesting "NIW"?
Should I provide my current employer name here or N/A or leave BLANK or something else
Any suggestion please?
Most of you know answer to this question please advise me.
I am preparing my NIW EB2 application, as you know we need to send ETA 750B form with the I-140 application question I have is this:
QUESTION; What should I mention in form ETA 750B, Column 8: Name & Address of Prospective Employer, if Alien has job offer in US?
Situation:
I am working in US with company "X" since 2001 as a Software Engineer, this is not the NIW position for which I am applying. Before coming to US I was doing research as a Environmental Specialist and now I want to apply for "NIW" for Environmental Specialist, I don't have a job offer from my current employer for Environmental Specialist but I am in US and working in some other field. above question says that if you have a job offer, it does not says if you have job offer for the position requesting "NIW"?
Should I provide my current employer name here or N/A or leave BLANK or something else
Any suggestion please?
Last edited by a moderator:
DIY at your own risk
My EB1-EA is approved after RFE (they never received my package). I resubmitted entire stuff again.
I thank everyone for helpful advice. I would like to pass on my two cents to others new and keep this chain of help going. Take this advice at your own risk.
Reading material:
First read http://sciencecareers.sciencemag.or...ous_issues/articles/1190/extraordinary_aliens - Nice article - must read
Adjudicator’s field manual: Hear it from the horse’s mouth http://149.101.23.2/graphics/lawsregs/handbook/afm_ch22_091206R.pdf (pages 30- 43 for EB1-EA)
DIY help by another guy about a year ago
http://www.immigrationportal.com/showthread.php?t=203825 – great layout of material
Arrange your letter with the following information
The petition seeks to demonstrate that xyz
1. is an alien of extraordinary ability defined as an individual who has risen to the very top in the field of endeavor
2. has extraordinary achievements in the sciences that have resulted in sustained national or international status in the alien’s field
3. intends to enter the U.S. to work in the field in which he has earned extraordinary status
4. as a permanent resident will substantially benefit the U.S.
1) What contributions make you an individual in the top of the field of endeavor?
After setting a background with answers for questions below, describe using your supportive evidence (see below) how your original scientific contributions, scholarly research publications, awards, memberships qualify you as a leader in your field. Remember not all apply for everyone. High salary is not necessarily for post-docs, researchers, it is probably only for performing artists etc.,
What is the “field of endeavor” under consideration?
Define it, provide publications on your fields’ scope.
Does the proposed “field of endeavor” have substantial inherent value?
Explain and provide publications from leading experts (not yours).
What is your specific area of expertise within the field of endeavor?
Explain
How many scientists are available in the field of endeavor?
Use professional society membership numbers, use sub-sections if necessary. Don’t be too general and don’t be too specific.
Who is in the top of the field?
Define who you think is a leader in the field or generally how one is considered a leader in your field of endeavor.
2) What is the evidence of your sustained national or international acclaim?
Describe using awards, review board memberships, professional society award committee membership
For society memberships include letter from society, criteria/requirements for membership from their website, list of members on the board/committee for member selection,
(Don’t you say you are a peer reviewer for xyz journal. I have read AAO decisions saying that it is a professional courtesy activity and I agree with USCIS. But for each of us serving as peer reviewers we can’t possibly publish our work in a timely and economical manner)
3) intends to enter the U.S. to work in the field in which he has earned extraordinary status
Provide a letter of employment from your employer. or indicate clearly what you want to do in US.
4) As a permanent resident will substantially benefit the U.S.
Evidence is provided to support xyz’s
• employment is in an area of substantial inherent value, and (repeat info from 1)
• that the proposed benefit to be provided by the applicant is national in scope (See scholarly research, also see recommendation letters repeat info from 1) and
• that national benefit to be provided by outweighs the national interest in the labor certification process. Describe
If you have a NIW petition approved. Feel free to say that and indicate your I-140 receipt number.
Supportive evidence provided below is based on the USCIS requirements. Documentation is provided to prove (3 or 4 or ?) of the following ten:
Remember “The mere submission of three or more of the below items may not establish eligibilty for this classifcation. Extraordinary abilty is defined as "a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor." The evidence must clearly demonstrate that the beneficiary has sustained national or international acclaim and that his achievements have been recognized as extraordinary by others in the field.” So never think meeting EB1-EA criteria is like meeting requirements in a check list.
1. Lesser national or international award for excellence in the field of alien’s intended U.S. employment
2. Membership in association(s) in alien’s field that require members to have demonstrated outstanding accomplishments by acknowledged experts
3. Published material about the alien in major professional/trade publications or other major media
4. Selection of alien to judge others in the same or allied field
5. Original contributions of importance in the alien’s field
6. Authorship of scholarly articles in professional/trade publications or other major media
7. Display of alien’s work in artistic exhibitions
8. Performance of leading or critical role for distinguished organizations or institutions
9. High salary or other remuneration in relation to others in alien’s field
10. Commercial success in the performing arts (box office receipts, recordings, videos, etc.)
My EB1-EA is approved after RFE (they never received my package). I resubmitted entire stuff again.
I thank everyone for helpful advice. I would like to pass on my two cents to others new and keep this chain of help going. Take this advice at your own risk.
Reading material:
First read http://sciencecareers.sciencemag.or...ous_issues/articles/1190/extraordinary_aliens - Nice article - must read
Adjudicator’s field manual: Hear it from the horse’s mouth http://149.101.23.2/graphics/lawsregs/handbook/afm_ch22_091206R.pdf (pages 30- 43 for EB1-EA)
DIY help by another guy about a year ago
http://www.immigrationportal.com/showthread.php?t=203825 – great layout of material
Arrange your letter with the following information
The petition seeks to demonstrate that xyz
1. is an alien of extraordinary ability defined as an individual who has risen to the very top in the field of endeavor
2. has extraordinary achievements in the sciences that have resulted in sustained national or international status in the alien’s field
3. intends to enter the U.S. to work in the field in which he has earned extraordinary status
4. as a permanent resident will substantially benefit the U.S.
1) What contributions make you an individual in the top of the field of endeavor?
After setting a background with answers for questions below, describe using your supportive evidence (see below) how your original scientific contributions, scholarly research publications, awards, memberships qualify you as a leader in your field. Remember not all apply for everyone. High salary is not necessarily for post-docs, researchers, it is probably only for performing artists etc.,
What is the “field of endeavor” under consideration?
Define it, provide publications on your fields’ scope.
Does the proposed “field of endeavor” have substantial inherent value?
Explain and provide publications from leading experts (not yours).
What is your specific area of expertise within the field of endeavor?
Explain
How many scientists are available in the field of endeavor?
Use professional society membership numbers, use sub-sections if necessary. Don’t be too general and don’t be too specific.
Who is in the top of the field?
Define who you think is a leader in the field or generally how one is considered a leader in your field of endeavor.
2) What is the evidence of your sustained national or international acclaim?
Describe using awards, review board memberships, professional society award committee membership
For society memberships include letter from society, criteria/requirements for membership from their website, list of members on the board/committee for member selection,
(Don’t you say you are a peer reviewer for xyz journal. I have read AAO decisions saying that it is a professional courtesy activity and I agree with USCIS. But for each of us serving as peer reviewers we can’t possibly publish our work in a timely and economical manner)
3) intends to enter the U.S. to work in the field in which he has earned extraordinary status
Provide a letter of employment from your employer. or indicate clearly what you want to do in US.
4) As a permanent resident will substantially benefit the U.S.
Evidence is provided to support xyz’s
• employment is in an area of substantial inherent value, and (repeat info from 1)
• that the proposed benefit to be provided by the applicant is national in scope (See scholarly research, also see recommendation letters repeat info from 1) and
• that national benefit to be provided by outweighs the national interest in the labor certification process. Describe
If you have a NIW petition approved. Feel free to say that and indicate your I-140 receipt number.
Supportive evidence provided below is based on the USCIS requirements. Documentation is provided to prove (3 or 4 or ?) of the following ten:
Remember “The mere submission of three or more of the below items may not establish eligibilty for this classifcation. Extraordinary abilty is defined as "a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor." The evidence must clearly demonstrate that the beneficiary has sustained national or international acclaim and that his achievements have been recognized as extraordinary by others in the field.” So never think meeting EB1-EA criteria is like meeting requirements in a check list.
1. Lesser national or international award for excellence in the field of alien’s intended U.S. employment
2. Membership in association(s) in alien’s field that require members to have demonstrated outstanding accomplishments by acknowledged experts
3. Published material about the alien in major professional/trade publications or other major media
4. Selection of alien to judge others in the same or allied field
5. Original contributions of importance in the alien’s field
6. Authorship of scholarly articles in professional/trade publications or other major media
7. Display of alien’s work in artistic exhibitions
8. Performance of leading or critical role for distinguished organizations or institutions
9. High salary or other remuneration in relation to others in alien’s field
10. Commercial success in the performing arts (box office receipts, recordings, videos, etc.)
Last edited by a moderator:
niwnow said:Madgugc2005, thanks for your comments
One more thing though, the letter mentions a golden label attached witht he letter. I never found anything in the letter, any of you had this experience?
Hey that yellow sheet of paper which indicates your case number and time u r given to address comments is GOLDEN LABEL.