[Center's Mailing Address]
[Emblem of Department of Homeland Security]
[Date]
[Your or Your Attorney's Mailing Address]
File: A# xx-xx-xxx/XXX xx-xxx-xxxxx
Self-Petitioner: [Name]
NOTICE OF REQUEST FOR ADDITIONAL INFORMATION
This office is unable to complete the processing of your petition without further information.Please read and comply with the following, then submit the requested evidence to the above address, including this letter and the attached gold sheet. You must submit the information within twelve(12) weeks. Failure to do so may result in the denial of your petition.
The record reflects that you, the self-petitioner, filed an I-140 "Immigrant Petition for Alien Worker", based on your work in the area of [position].
You are seeking classification user Section 203(b)(2) as a Member of Professions with Advanced Degree or of Exceptional Ability. In addition, you are requesting that the job offer and the correlating labor certification from the Department of Labor be waived in the national interest.
A recent precedent decision, Matter of New York State Dept of Transportation, enumerates factors that must be considered when evaluating a request for a national interest waiver. See Matter of New York State Dept of Transportation I.D. 3363 (Act. Assoc., Programs, August 7, 1998). First, it must
be shown that the alien seeks employment in an area of substantial intrinsic merit. Next,it must be shown that the proposed benefit will be national in scope. The final threshold is that it must be persuasively demonstrated that the national interest would be adversely affected if a labor certification were required for the alien.
The labor certification process exists because protecting the job opportunities of U.S. workers is in the national interest. The petitioner must establish that the alien will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. Because the labor certification process is already in place to address labor shortages, the national interest waiver in not to be based on ameliorating a local labor shortage.
The following evidence is needed to prove eligibility for Section 203(b)(2) NIW preference.
(1) Please submit evidence that the applicant seeks employment in an area of substantial intrinsic merit.
(2) Please submit evidence to establish how the benefit you are to impart to the United States will genuinely be on a national scale. What mechanism or structure is in place whereby your work will directly or indirectly impart benefits to the United States as a whole?
(3) Please submit evidence to persuasively establish that the national interest would be adversely affected if an employer were required to obtain labor certification from the U.S. Department of Labor. Would a U.S. worker with the same minimum qualifications be able to perform the same occupation and serve the national interest to a similar degree? How will you serve the national interest to a substantially greater degree than other individuals in your field? Please submit persuasive documentary evidence to substantiate your
response.
(4) Please submit evidence demonstrating your specific prior achievements, which would justify the projected future benefit of your work to the United States.
(5) Please submit documentation that shows how your skills or background are unique and innovation and serve the national interest. Do you possess any special skills, knowledge or abilities that could not be articulated on a labor certification?
Any additional evidence submitted will be considered in conjunction with the current record to determine your eligibility for this classification.
Thank you,
[Signature]
[Stamped Name of Service Center Director]
[Stamped Name of Service Center]
[Director's Initials]/#295
