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  #1 (permalink)  
Old 09-21-2008, 02:28 AM
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aguy has a spectacular aura about aguy has a spectacular aura about aguy has a spectacular aura about
Default NIW RFE - suggestions please

Hi, I have received RFE regarding my NIW I-140. Here is what the letter says -

"Additional evidence is requested to evaluate eligibility for a NIW pursuant to the tests established in Matter of New York State Department of Transportation, 22 I&N Dec. 214 (Please note: the evidence already submitted demonstrates that the proposed research employment has substantial intrinsic merit and would be national in scope).

Please submit copies of published articles by other researchers citing or otherwise recognizing the self petitionerís research and/or contributions.

You must establish you have a past record of specific prior achievement that justifies projections of future benefits of national interest. You must establish, in some capacity, your ability to serve the national interest to a substantially greater extent than the majority of your colleagues. You must demonstrate to some degree your influence on your field of employment on the whole."


How should I handle this?

1. Not a lot of my work has been cited due to the small number of people working in the field.
2. The last line of paragraph 1 and the first line of paragraph 3 seem to be in conflict with each other.
3. Do I have a chance with the NYDOT case type flag?

I will appreciate any help. Thanks.
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  #2 (permalink)  
Old 09-21-2008, 05:09 AM
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Looks like your field is too specialized to be answered by people here. I suggest working with your lawyer rather than depending on advices on the open forums like this.

Good luck!

ArkBird
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  #3 (permalink)  
Old 09-21-2008, 06:39 AM
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Quote:
Originally Posted by aguy View Post
Hi, I have received RFE regarding my NIW I-140. Here is what the letter says -

"Additional evidence is requested to evaluate eligibility for a NIW pursuant to the tests established in Matter of New York State Department of Transportation, 22 I&N Dec. 214 (Please note: the evidence already submitted demonstrates that the proposed research employment has substantial intrinsic merit and would be national in scope).

Please submit copies of published articles by other researchers citing or otherwise recognizing the self petitionerís research and/or contributions.

You must establish you have a past record of specific prior achievement that justifies projections of future benefits of national interest. You must establish, in some capacity, your ability to serve the national interest to a substantially greater extent than the majority of your colleagues. You must demonstrate to some degree your influence on your field of employment on the whole."


How should I handle this?

1. Not a lot of my work has been cited due to the small number of people working in the field.
2. The last line of paragraph 1 and the first line of paragraph 3 seem to be in conflict with each other.
3. Do I have a chance with the NYDOT case type flag?

I will appreciate any help. Thanks.
My take on your case. I am studying NIW petition for quite sometime now and I have an opinion:

a. This is standard RFE for NIW. Most NIW get this RFE.
b. The two sentences you mentioned are not in conflict with each other. The first line of Par. 3 would like to determine that you have past achievements that no other American can do so it would merit waiver of LC while last line of Par. 1 is simple that the benefits you proposed is substantial and national in scope.
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I am not a lawyer....all my comments are my own beliefs, please respect it. I do respect yours!
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  #4 (permalink)  
Old 11-18-2011, 02:03 PM
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Default Niw rfe

I found a case on a law firm website that an engineer
with only 4 citations got NIW approval after RFE.
The credential is just: 2 peer review articles, 4 citations, several conference presentations.
If this is true, it's really amazing.
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