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How to Reply RFE Request of "Wide Effect on Entire Field" for EB2 NIW Petition?

Hi William:

I am an researcher in chemical engineering. I received a RFE (Request For Evidence) letter form USCIS for my EB2 National Interest Waiver petition recently.  It asks for evidence of my "wide effect on entire field." How to reply this kind of RFE request?

Answer:

When an USCIS adjudicator is unable to complete the processing of an EB2 National Interest Waiver petition without further information, it will send out a Request For Evidence notice to ask required evidence. The alien applicant should read and comply with the request carefully, then submit the evidence to USCIS, and including a copy of RFE letter and place the attached gold sheet on top of the submitted documents.

For Form I-140 petition in the EB2 National Interest Waiver category, the alien applicant should be a member of the professions holding an advanced degree or an alien of exceptional ability, and the petitioner must establish that the national interest would not be served if the petitioner was required to obtain a labor certificate for the proposed employment.

If the alien applicant is a researcher, the petitioner should submitt evidence establishing he or she authored several scientific publications. The petitioner also submitted reference letters from individuals working in his or her field of specialty attesting of the significance of his or her work.

The submitted evidence should establish that the petitioner's work has yet had any wide effect on his or her entire field. While adding to the overall body of knowledge in a given field is important, it also should establish that the petitioner is eligible for national interest waiver.

Also, the petitioner must establish that he or she has a past record of specific prior achievement with some degree of influence on the field as a whole. The petitioner' previous work influence on the field as a whole must justify projections of future benefits to the national interest. Reference letters without any independent and objective evidence would not suffice to establish prior achievement.










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