RFE Series III: NIW Approved Within One Week of RFE Response
At the beginning of May 2008, we helped one of our clients, Dr. Lee,* get his NIW petition approved after an RFE. With his story, we want to tell our readers and clients that NIW applicants do not need to be too worried if they receive an RFE notice. A well-prepared response may help you get your petition approved.
We filed Dr. Lee’s NIW petition on December 21, 2006. The petition package included a petition letter; six letters of recommendation, of which one was drafted by an independent recommender; seven co-authored publications; and other supporting documents. But unfortunately, on February 19, 2008—after this petition had been pending for more than one year—we received a request for evidence (RFE) from USCIS.
In the RFE notice, additional evidence was requested to help USCIS evaluate Dr. Lee’s eligibility for a national interest waiver. Specifically, Dr. Lee needed to submit additional evidence that the benefit of his proposed employment would be national in scope and any available additional documentary evidence that, as of the date petition was filed, he had a degree of influence on his field that distinguished him from other scientists with comparable academic/professional qualifications.
We were disappointed to receive the RFE. Our clerk forwarded this notice to Dr. Lee as soon as we received it. The in-charge attorney, Bennett J. Wisniewski, also contacted Dr. Lee at once to prepare the RFE response.
Attorney Wisniewski conducted extensive research on this case and then prepared a tailor-made response package based on Dr. Lee’s specific background and achievements. In the response letter, Attorney Wisniewski addressed the RFE from the following perspectives:
In addition, we enclosed five more recommendation letters from experts, among which four were from independent experts at research universities and national laboratories in America and Germany. These experts excelled in similar fields as Dr. Lee and unanimously recognized his invaluable contributions to U.S. science and technology. We also submitted five more co-authored publications and other documents, including patents, abstracts, and evidence of conference presentations.
We filed the RFE response package at the end of April, before the deadline of May 13, 2008. Only several days later, on May 2, Dr. Lee received the approval notice. He was excited to hear this good news. In an email to Attorney Wisniewski, Dr. Lee wrote:
Our attorneys and supporting professionals were also very happy with the result of Dr. Lee’s case. We attribute the success of Dr. Lee’s application to his cooperation and our firm’s teamwork.
*In order to protect our clients’ privacy, all of their identifying information has been changed.
If you plan to file an NIW application, please send your CV to Attorney Jerry Zhang (firstname.lastname@example.org) for a free evaluation.
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