The following are some typical concerns and questions, asked by USCIS immigration officers in the Request For Evidence (RFE) for petitions of EB1-Extraordinary Ability, EB1-Outstanding Researcher or Outstanding Professor, and National Interest Waiver. Not every RFE asks all of these questions, it depends on each case and different immigration officers. 

1. RFE for Petition of EB1-Extraordinary Ability

a) Sustained national or international acclaim:

The beneficiary has received some considerable recognition for his research. However the recognition he has received does not appear to amount to the sustained national or international acclaim required for the extraordinary ability classification.

b) Request for independent witnesses:

Please demonstrate how your achievements are more significant than others in the field and are above that normally attained by somebody at your current level. To establish this you should submit letters  from independent witnesses who have not worked with you but are familiar with your impact on the filed.

2. RFE for Petition of Outstanding Researcher or Outstanding Professor

a) Accomplishments and outstanding ability

It must be noted that all letters of reference indicate that the beneficiary has conducted successful research and discussed the potential impact of his research work. The service cannot approve the petition based on one's research work without evidence of significant accomplishments which have already impacted the filed or a specific industry.

b) Questions for publication

The co-authored work by the alien does not show original scientific or scholarly research contributions to the academic field by the alien. Please address this concern and provide more details about the individual research contribution of the alien in each article/publication.

3. RFE for Petition of National Interest Waiver

a) Benefits in national scope

Provide evidence the benefits of your proposed employment will be national in scope. Your employment may be limited to a particular geographic area. However, you must establish benefit to more than a particular region of the country. Moreover, there should be little or no adverse impact on the interests of other regions of the country.

 b) Labor certification and labor shortage

You must persuasively demonstrate that the national interest would be adversely affected if a labor certification were required. You must demonstrate that it would be contrary to the national interest to potentially deprive the prospective employer of your services by making available to U.S. workers the position you seek. 

 

 

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