Urgent - suggestion regarding my EB2-NIW application

[MADHUJASTI]

I have applied for green card in the category of EB2-NIW on Oct 14th, 2009 and i got a notice of intent to denial letter on Dec 23rd, 2009. I applied this on my own since i am an University job holder (Res. Associate) which is not a permanant position. I have two MS degrees from US Universities. Can any one suggest how to proceed on this? I contacted an attorney at this stage but they don't want to take my issue because i have only 12 more days left to answer the intent of denial letter. In the letter, they said that i did not provide enough evidence to show that my field is of national interest and how i am superior to other US candidates. I have submitted my two publications from US and other membership details also in reputed societies.

I am planning to take some more supporting letters from my current boss and some other classmates and submit them. Can any one please suggest how to proceed now?

Thanks for your time

[Kariboo]

In the letter, they said that i did not provide enough evidence to show that my field is of national interest What evidence did you supply to argue that your field is of national interest?

and how i am superior to other US candidates.What evidence did you supply to argue that you are superior?

I have submitted my two publications from US That is very few publications, how did you argue that they are enough to qualify you for NIW?

and other membership details also in reputed societies.Are these memberships merit based i.e. do you have to be an exceptional scientist to be invited to them or can anyone in your field apply?

I am planning to take some more supporting letters from my current boss Did he already write a support letter? and some other classmates Those won't do much good. You need support letters from prominent scientist in your fieldand submit them.

Can any one please suggest how to proceed now? First I would need some more information on what evidence you submitted to argue you are qualified for the NIW. Then using the criteria the USCIS has mentioned in their initial letter you should address those parts specifically in your reply. As it stands there is little information to go on.

[MADHUJASTI]

What evidence did you supply to argue that your field is of national interest? Supporting reco letter from my current boss and some other professors

What evidence did you supply to argue that you are superior? Bosse's letter and some more letters and my publications and citations

That is very few publications, how did you argue that they are enough to qualify you for NIW? I have 5 more publications in an international journal and two international conferences and three in local newspapers. But all these are from India.
Are these memberships merit based i.e. do you have to be an exceptional scientist to be invited to them or can anyone in your field apply? Anyone can apply

Did he already write a support letter? and some other classmates Those won't do much good. You need support letters from prominent scientist in your fieldand submit them.My boss already gave a letter but this time he will write strongly showing his disappointment and some more letters from assistant Dean and a big shot professor in some other department

This is all i did. I was also involved in a rice variety release in India and i have submitted that evidence too.

[Kariboo]

What evidence did you supply to argue that your field is of national interest? Supporting reco letter from my current boss and some other professors

While those letters can support your argument you would need to write a piece on how exactly your work is of the national inetest

While there is no definitive statutory definition of "national interest," examiners at the Immigration and Naturalization Service (INS) generally look to see whether the foreign national's work will: (1) improve the U.S. economy; (2) improve wages and working conditions of U.S. workers; (3) improve education and training programs for children and underqualified workers; (4) improve health care; (5) provide more affordable housing; (6) improve the environment and make more productive use of natural resources; or (7) involve a U.S. governmental agency request.

So looking at the above 7 points can you describe how your work is applicable to one or more of those. You can back that up by describing how your work has impacted these issues. You can use letters as additional evidence but just sending the letters is not enough. You have to argue a coherent case about this

What evidence did you supply to argue that you are superior? Bosse's letter and some more letters and my publications and citations

Again while letters can back up your assertions that you are superior in your field you would have to use more evidence to support that. Is your work cited more than others? Have you received (inter) national acclaim for your work. What makes you stand out from other scientist in your field (not just in your current job but compared to other scientist working in the US in your field). You would have to write a piece describing how you are superior and use letters etc to back that up.

That is very few publications, how did you argue that they are enough to qualify you for NIW? I have 5 more publications in an international journal and two international conferences and three in local newspapers. But all these are from India.
Unless the articles you wrote have made a significant impact in the field (you can prove this by using your citation index, i.e have they been unusually often cited or is there another reason to believe your work has made a bigger impact on science than that of comparable scientists/articles?) If they have not made a big impact then having less than 10 articles published will probably not make a strong case to argue that you are superior in your field.


Are these memberships merit based i.e. do you have to be an exceptional scientist to be invited to them or can anyone in your field apply? Anyone can apply In that case they will not help your NIW application

Did he already write a support letter? and some other classmates Those won't do much good. You need support letters from prominent scientist in your field and submit them.My boss already gave a letter but this time he will write strongly showing his disappointment and some more letters from assistant Dean and a big shot professor in some other department What makes an impact on USCIS is letters from prominent scientist that have not directly worked with you but who will write that your work is exceptional and has made an impact in your field. You need approximately 8 of these strong letters to make an impression on USCIS. Letters from people who worked with you or are your boss or who do not work in your field are not as persuasive

The most important part of an application is to write a very good argument letter to make your case. This is approximately 10 pages long and written in laymen terms. You use the criteria that USCIS has for NIW and argue them point by point. You use evidence (letters, citations, publications) to back up your story.

You may already have done so (it is not clear form your posts) but the NOID indicated that USCIS does not find your first submission persuasive. You would have to argue your case again and more strongly using better evidence to back it up.

[MADHUJASTI]

Thanks for the help. I have also contacted an attorney at this point and he suggested not to waste my money. I know mine is a tough case. But i won't give up. I will do as much as i can with your valuable suggestions. I was wondering why my status online in USCIS site is still under initial review. Not under RFV ... may be because they intent to deny it.

Anyway thanks for the help.