Success Story of the Week – Re

Success Story of the Week – Response to an NIW RFE is approved within 2 weeks! 最近，我們的兩個I-140的RFE Responses 在遞交後的兩個星期內就被移民局批準。在此，我們想談談有關I-140申請及其RFE中應注意的一些問題。 Any potential beneficiary of an Immigrant Visa Petition (I-140) will tell you one of the things that they dread receiving the most is a Request for Evidence (RFE) from USCIS, especially in the case of a National Interest Waiver, Aliens of Extraordinary Ability or Outstanding Researcher or Professor-based I-140. However, in the current immigration environment, RFEs are very, very common. Sometimes these RFEs are simply requesting supplementary information that may have been included but was not found in the original petition package. Sometimes, however, these RFEs are essentially asking you to prove your entire case again. Often, the Service will note that, while the beneficiary is obviously a skilled researcher or scientist, it has not been established by the petition that the beneficiary has risen to such a level as to qualify for a National Interest Waiver, for example. It is then the duty of the applicant and the attorney to collect more letters of recommendation that may more accurately address the questions that USCIS has raised. It can be a tricky job, however, as the applicant and the attorney need to keep in mind that, while any accomplishments before the filing of the original NIW petition are fair game, accomplishments after that initial filing date are not to be considered by USCIS. For example, let’s say that John files his NIW-based petition in May of 2005. He publishes five more articles and accrues many more citations and awards in the last six months of 2005, and in February of 2006 he receives an RFE for his NIW petition. While he would like to include all of his recent publications, citations, and awards in the RFE to help bolster his case, because those accomplishments arose after his original filing, they will not be considered by USCIS as part of his petition package. At FAN, FITZPATRICK & THOMPSON, LLP, we are very familiar with the procedures and requirements of an RFE for these types of cases and we enjoy a high level of approvals for our RFE responses. In fact, recently we received two I-140 approvals only two weeks after submitting the RFE response. Through the hard work and cooperation with our clients, we are often able to demonstrate to USCIS what we already believe - that our clients are worthy of the National Interest Waiver or a determination as an Alien of Extraordinary Ability. ______________________________________________________________________________ 本文由範毅禹律師事務所提供 本律師事務所精辦各類勞工應聘及專業移民申請 (包括H-1，L-1，EB-1，EB-2，NIW，勞工卡，綠卡等申請)。所有申請由多位美籍律師及擁有15年經驗的範毅禹律師親自處理，我所並特設中英移民網站。內有最新移民新聞資訊及由律師主持的移民問答集，歡迎讀者流覽查詢。 www.Fan-Law.com CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm St., Pasadena , CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone] All sponsors must be United States (U.S.) citizens or permanent residents, be at least 18, and be living in the U.S. (including territories and possessions) when they file the affidavit support.