RFE listed two full pages. The first two-prongs are OK. The third one is not:
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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 same 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 uniquely 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 speak of and to your accomplishments, your skill, and you
dedication, do not adequately establish the overall impact of your specific
work on the field. It is also not clear how your level of accomplishment
compares to the accomplishments 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 progress 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 proposed
employment position. To be considered in the national interest you must make a
showing significantly above that necessary to prove the “prospective national
benefit” required of all aliens seeking to qualify as “exceptional”. Exceptional
is defined under Service regulation as …”a degree of expertise significantly
above that ordinary encountered in the sciences, arts, or business.”
2. 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 US workers
the position 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
purpose of ameliorating a local labor shortage.
4. Again, you must establish you have a past record of specific prior achievement
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 ARE ALSO
PRODUCTIVE AND SUCCESSFUL. You must demonstrate to some degree you influence
on your field of employment as a whole.
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