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RFE against EB2 NIW

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  • RFE against EB2 NIW

    Hi,

    I am an Engineer by profession and came here in US on L1 Visa. Later on after 3 years my contract ended and I decided to settle in USA. I am currently on EAD and have applied for EB2-NIW for Green Card and received below RFE . Can anyone guide me how to respond this type of RFE and share his own experience in dealing this further evidence request.

    RFE:

    In order to establish eligibility, the petitioner mush establish that:

    • The beneficiary qualifies for the requested classification and
    • The exemption for the requirement of job offer , and thus of labor certification , is in the national interest of the United States.

    The evidence doesn’t establish that beneficiary qualifies for the required classification and an exemption form the requirement of job offer. Therefore, USCIOS request additional evidence .

    USCIS has designated the “Matter of Dhanasar” 26 I&N Dec.884 (AAO 2016) as a precedent decision. USCIS may grant a national interest waiver as a matter of discretion if the practitioner demonstrate by a preponderance of the evidence that

    • The foreign national's proposed endeavor has both substantial merit and national importance
    • The foreign national is well positioned to advance the proposed endeavor
    • On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements


    I can be reached at email : [email protected].

    Waiting for urgent response.

  • #2
    Clearly, you failed to establish to USCIS that you are NIW material. If you are NIW material, it may not be worth your time learning how to craft convincing petitions and recommendation letters. Just hire someone who successfully files NIW petitions for a living

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    • #3
      Originally posted by inadmissible View Post
      Clearly, you failed to establish to USCIS that you are NIW material. If you are NIW material, it may not be worth your time learning how to craft convincing petitions and recommendation letters. Just hire someone who successfully files NIW petitions for a living
      I hired someone who 'successfully' files NIW petitions for a living and it was a nightmare that cost me almost $8k. Granted, the NIW was subsequently approved, but not after I had rewritten the cover letter because it was written by a non-native English speaker and was random gibberish and incorrect information, had gathered all the evidence needed and spent 8 months gathering (writing) 11 recommendation letters. In hindsight, I wish I'd just done the entire thing myself as the only useful thing the lawyer did was make a handy scan of my 700 page petition (and probably the intern did that).

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      • #4
        700 pages.. dam thats a very long petition.. are you including your dissertations.. papers published etc in the number of pages?

        How did you go about collecting reference letters?

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        • #5
          Originally posted by alpha_4546 View Post
          700 pages.. dam thats a very long petition.. are you including your dissertations.. papers published etc in the number of pages?

          How did you go about collecting reference letters?
          Nope: amazingly got the NIW accepted *without* having any publications - just many years of demonstrable work for well known orgs. Lawyer printed out pages and pages of interfaces that my OH had built. Each of the letters was around 3 pages long. Re letters, I just wrote to the contacts explaining why I needed the letter enclosing an example letter (tailored to them) saying they could edit however they want.

          @Oliverjohn are they asking you to provide Supplement J? Our AOS was denied because we failed to provide it even though it is not necessary for self petition NIWs because the officer made a mistake. Had to reapply for AOS (thankfully seems to be going OK this time).

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