RD: 05/16/2005
I-140 RFE: 07/06/2005
RFE 总共有两页。Three－Prong满足了前两项，第三项要不证据。原文如下：
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Third, it must be established that alien will serve the national interest to *
a substantial greater degree* than would an available U.S. worker having the s
ame minimum qualification. This third prong has not been adequately documented
.
Although you have demonstrated success in your field, the documentation falls
short of establishing that you have a record of achievement making you so uniq
uely qualified as to forego the labor certification process in order to allow
you to continue to work. The letters written on your behalf, although they spe
ak of and to your accomplishments, your skill, and you dedication, do not adeq
uately establish the overall impact of your specific work on the field. It is
also not clear how your level of accomplishment compares to the accomplishment
s of other successful scientists in your field. Although it appears your work
contributes to the body of knowledge in the field, the type of research progre
ss discussed would not from a layman’s comprehension appear to constitute the
level of breakthrough that would qualitify you for the benefit being sought.
It is not clear that the results of your research have been widely implemented
across your field.
……
1. Submit evidence related to your ability to perform the duties of the propos
ed employment position. To be considered in the national interest you must mak
e a showing significantly above that necessary to prove the “prospective nati
onal benefit” required of all aliens seeking to qualify as “exceptional”. E
xceptional is defined under Service regulation as …”a degree of expertise si
gnificantly above that ordinary encountered in the sciences, arts, or business
.”
2. You must persuasively demonstrate that the national interest would be adver
sely affected if a labor certification were required. You must demonstrate tha
t it would be contrary to the national interest to potentially deprive the pro
spective employer of your services by making available to US workers the posit
ion you seek.
3. You must establish you are not seeking a national interest waiver based on
a shortage of qualified workers in a given field, regardless of the nature of
the occupation. The national interest waiver is not warranted solely for the p
urpose of ameliorating a local labor shortage.
4. Again, you must establish you have a past record of specific prior achievem
ent that justifies projections of future benefit to the national interest. You
must establish, in some capacity, your ability to serve the national interest
TO A SUBSTANTIALLY GREATER DEGREE THAN THE MAJORITY OF YOUR COLLEAGUES WHO AR
E ALSO PRODUCTIVE AND SUCCESSFUL. You must demonstrate to some degree you infl
uence on your field of employment as a whole.
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请问，如何回答这些问题呢？什么新的证据会比较有利呢？谢谢各位，真的急死了，9月中
旬是最后的期限。