What you stressed on has nothing to do with the distinction between NIW and LC. That is, it is not the reason why you can not go through LC.
Read the the following message I posted before. It may help. Good luck
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ON THE LOGIC BEHIND NIW AND LABOR CERTIFICATE ISSUE
Many friends here were asked by USCIS to demonstrate how the national interest would be adversely affected if you were asked to go through LC process, and feel no way to answer this kind of question.
Now let’s take a look how LC and NIW work and then answer how to respond to the above RFE question regarding LC issue.
LC process exists because protecting the job opportunities for US workers is the national interest. To go through LC process to get your Green Card, you need to prove the labor shortage occurs in the market. NIW is not based on labor shortage but on your work of national interest and the benefits you bring to US.
Now let’s figure out how to answer RFE regarding LC issue. Assume the American workers with same minimum qualification are there and the benefits they bring to US are equal to “A” mathematically. The benefits you (non-American petitioner) bring to US are equal to “B” mathematically.
If you can prove “B” >> “A”, then you can say the national interest would be adversely affected if you were asked to go through LC process.
To prove “B” >> “A”, you need to demonstrate you are superior to your peers including Americans and non-Americans in your area by providing the following evidence if possible.
1): your strong and tractable backgrounds
2): the evidence for the impacts of your work/study on national interest and on other researchers’ work.
3): the recommendation letters from independent experts from universities or governmental agencies to declare that you are one of the most intelligent persons they have ever met. Without you, American shall suffer forever.
If you have any questions, please send your messages to yjy_wang@yahoo.com.
Just for your reference. Good luck.
