去年7月通过律师NIW 140, 国内硕士生,6封推荐信,7篇文章(含2篇中文,第一作者中英文各一篇), 19个ABSTRACTS, 约30个CITATIONS. 让补材料说明不申请劳工卡的原因.
新补材料有新文章1篇, ABSTRACTS 4个, 新增加CITATIONS 约20个.2封新推荐信, 1封重写推荐信.律师说CITATION最重要, new publication, funding, recommendation letters 会帮助. 结果被拒.原因类同RFE: None of the evidence of record estabblished that the self-petitioner has accomplished anything more significant than other capable members of their profession holding similar credentials and conducting similar work. The services understands the beneficiary has extensive experience with the field of chemistry, however, this research has not risen to the level of significance in which to grant a National Interest waiver. The service also understands the benficiary has unque understanding of chemistry, specificially breast cancer and alzheimers. It must be noted having succesfully conducted research is not considered grounds for NIW since many individuals have conducted succesful research. While this research is important it does not rise to the level of granting a NIW. The services has reviewed the many letters of support that have been ssubmitted on the beneficiary's behalf, however, these letters have not clearly established the benficiary has greater ability than their peers. Certainly, the beneficiary's achevements are notable, but as a whole the record does not persudsively estabolish that these accomplishments are of such unique significance that the labor certification require can be waived. Neither does the record persuasively establish that the work being performed by the petitioner could not be accomplished by a US worker possessing same minimum qualifications. Arguments reguarding the general merits of the professional field and its importance to the US are not in themselves sufficient to justify a waiver of the labor certification requirement.
The self-petitiner has not established that job offer waiver based on the natioanl interest is warranted.......Nothing in the legislative history suggests that the NIW was intended simply as a mean for employer to avoid the inconvenience of the labor certification process.....
我把移民局拒绝的原因写出来, 或许对准备NIW推荐信的人有帮助.
我的下一步是准备APPEAL. 律师与我谈过APPEAL 的优缺点, 他只是讲了些原则性的东西; 如CITATION 不多, 可以设法说明在这一领域我算多的.
如果APPEAL的话, 可以在移民局给出的上诉期限内上诉, 并可以在其后一月内补新材料.其间我会有2-3篇文章发出, 也许我还应再找一封针对性更强的推荐信.
没有绿卡真麻烦.去年同时递交了485, 正准备面试去公司, 现在只好趴在没有钱途的学校干活了