by Victoria Chen, J.D.(陈品瑞律师法律博士)
Q41: How can a petitioner request the withdrawal of a Form I-140 petition?
A. The petitioner or the Form G-28 representative may send a letter requesting to withdraw the I-140 petition to USCIS Withdrawal requests should include:
A statement indicating that the Form I-140 petitioner wishes to withdraw the petition;
The Form I-140 petition receipt number;
The name, address and phone number of the petitioner;
The name of the foreign beneficiary;
The foreign beneficiary registration number of the foreign beneficiary, if known;
The petitioner's signature or the Form G-28 representative.
Q42 If my NIW petition gets rejected, how long do I have to wait to file under NIW or other categories again?
A: The law does not restrict the time you can file your NIW petition after the rejection of your previous filing. A previously rejected petition does not bar you from submitting another petition subsequently, regardless which classification is concerned. However, unless your circumstance has improved, it is not advisable to simply submit a similar petition again because it is unlikely your case will be approved.
Q43: How should I organize the evidence with the petition?
A. Follow the tips below for how to organize your evidence:
Provide all required documentation and evidence with the petition when filed. Form I-140 petitions may be denied without issuing a request for evidence in the instances where the required evidence described in the instructions and regulations are not initially provided.
If providing photocopies of documents, provide clear legible copies.
All foreign language documents must be submitted with a corresponding English translation. The English translation must be certified by a translator who is competent to translate and must verify in writing that “the translation is true and accurate to the best of the translator's abilities.“ It is helpful if the English translation is stapled to the foreign language document.
If documenting the foreign beneficiary's publications or citations of the foreign beneficiary's work, highlight the foreign beneficiary's 's name in the relevant articles. It is not necessary to send the full copy of a dissertation, thesis, or research paper written by the foreign beneficiary, or one in which the foreign beneficiary's work has been cited. Include the title page and the portion(s) that cite the alien's work and the “works cited“ or bibliography.
Tab and label the evidentiary exhibits at the bottom of the first page of each exhibit, and provide a list of the evidentiary exhibits and the eligibility criteria that each exhibit is submitted to establish for petitions supported by a substantial amount of documentation. An exhibit that is being provided to meet multiple eligibility criteria should be so identified in the exhibit list.
Q44: What is a letter of recommendation?
A: A letter of recommendation is also called reference letter, and it is a letter written by an expert in the foreign beneficiary's field or some otherwise authoritative person in an allied or supported field. Recommendation letters are essential in petition for employment-based immigration benefits. Given that adjusting officers are rarely experts in your field, the only way for them to determine whether you qualify for the standard set by the law (having a degree of expertise above that ordinarily encountered in his or her field) is looking at objective evidence submitted. A recommendation letter is among the most important of them.
Q45: Whom should I contact to obtain letters of recommendation?
A: The post-NYDOT decisions establish that the qualifications of the “experts“ submitting testimonials are crucial. Strong testimonial letters are key to a successful NIW case. A foreign beneficiary should obtain strong letters from both the foreign beneficiary's “inner circle“ and“ outer circle“ of peers. The foreign national's inner circle includes those he or she has directly worked with either in academia or in business. While these letters are often the most glowing, they are also the most suspect since they are possibly biased.The following is some guidelines for whom you should turn to for recommendation letters
Supporting letters from experts or authorities have more weight: Generally, individuals recognized as authorities or experts in the field are given greater weight. A statement should be included in the support letter that establishes the qualifications of these individuals to judge the alien's work.
Supporting letters from closely-related or undistinguished persons have little weight: Support from other employees of the same petitioner or organization that is currently employing the foreign beneficiary or seeks to employ the foreign beneficiary have been given little or no weight on the basis that they lack objectivity. Similarly, testimonial letters from undistinguished colleagues or former college instructors have been subject to greater scrutiny than letters submitted by high-level officials of recognized major organizations.
A recommendation letter from an objective third party is viewed in a more positive light: Moreover, objectivity is one of the factors considered by the USCIS. Letters of support from other employees of the same petitioner or organization that is currently employing the foreign beneficiary or seeks to employ the foreign beneficiary may be rejected on the basis that they lack objectivity. However, if your professor or employer has substantial knowledge about your accomplishments and can provide strong reference, they may be great candidate of recommendation letters.
A recommendation letter from government officials and agencies will increase the chance of success: As suggested by the INS (now the USCIS) in its regulations, letters from government officials and agencies attesting to the national interests which will be served by the alien's permanent residence will greatly increase the chances of success in a national interest waiver case.
Q46: What information should be included in the recommendation letters?
A: These are things that should be included in a recommendation letter:
1. Qualifications of the recommender: A recommendation letter needs to include the description of the drafter. If the drafter comments on the foreign person's achievements or research, a statement should be included in the support letter that establishes the qualifications of these individuals to judge the foreign beneficiary's work.
2. Helpful testimonials from experts: Expert testimonials of your accomplishments are crucial to your petition. However, keep in mind that expert testimonials should bolster the argument that you meet the standard set by law, i.e., that you have a degree of expertise above that ordinarily encountered in your field . Evidence that merely establishes your competence or which fails to set you apart from other persons in the field does not support your case because it carries little weight and may actually be used to deny the petition.
3. Substantive information: A good recommendation letter should point out the high level of unique expertise the foreign beneficiary possesses. If it is a recommendation letter from an employer or professor of the foreign beneficiary, it should specify the work the foreign national is responsible for and the requirements of the job. Although a job offer is not required for priority workers, a recommendation letter from an employer can cite to such a position to establish that very few individuals can fill the offered position (i.e., only top individuals in the field or those with exceptional ability can perform the duties required for the position) and the foreign beneficiary is one of these few individuals. In addition, recommendation letters that briefly discuss the petitioner's activities and described him or her as a knowledgeable individual, but lack specific information regarding how the petitioner's contributions had significantly and consistently influenced the field are insufficient.
Q47: How many recommendation letters are needed?
A: There is no specific number of letters set forth by the USCIS. You should generally include three to seven letters of recommendation in an EB-2 case.
Q48: What assistance does your firm provide concerning drafting recommendation letters?
A: Letters of recommendation are hard to draft yet good letters of recommendation will substantially boost your chance of successful petition. After you retain us, our firm will help you obtain good recommendation letters step by step:
1. We will provide detailed information concerning recommendation letters and walk you through the purpose, format and content of recommendation letters.
2. We will discuss with you about potential candidates to write you recommendation letters.
3. You provide us detailed information pertaining to the authority and expertise of the recommenders, your connections, the relationships beteween your research and theirs ect.
4. After receiving the information you provide, our attorneys will draft recommendation letter for you.
5. You send the recommendation letters to recommenders for them to review and sign.
6. Before we submit the petition, we will review those substantially changed recommendation letters to see if it is necessary to ask the recommender to sign another updated version.
Q49: What if I change jobs while my NIW petition is pending?
A: If you petition for yourself, changing employers will have no effect upon the status of your case, and your petition will remain active. If your employer sponsors your petition, a new petition may beed to be filed.
Q50: May a Ph.D. student apply for an NIW? What is the success rate?
A: Our firm has successfully petitioned for Ph.D. students to obtain Green Cards in the NIW category. Many people may think that Ph.D. students still need the instruction of their professors so it is difficult to argue that they are at the top of their field. However, there are tips to define the field of the endeavor to make “substantially above others in the field“ easier. Our firm has developed winning strategies to help Ph.D. students obtain NIW immigration benefits. The success rate of Ph.D. student petitioning for NIW immigration benefits is about the same as other petitioners in our firm.
资料来源： http://www.wegreened.com
FromChen Immigration Law Associates, P.A.
Q41: How can a petitioner request the withdrawal of a Form I-140 petition?
A. The petitioner or the Form G-28 representative may send a letter requesting to withdraw the I-140 petition to USCIS Withdrawal requests should include:
A statement indicating that the Form I-140 petitioner wishes to withdraw the petition;
The Form I-140 petition receipt number;
The name, address and phone number of the petitioner;
The name of the foreign beneficiary;
The foreign beneficiary registration number of the foreign beneficiary, if known;
The petitioner's signature or the Form G-28 representative.
Q42 If my NIW petition gets rejected, how long do I have to wait to file under NIW or other categories again?
A: The law does not restrict the time you can file your NIW petition after the rejection of your previous filing. A previously rejected petition does not bar you from submitting another petition subsequently, regardless which classification is concerned. However, unless your circumstance has improved, it is not advisable to simply submit a similar petition again because it is unlikely your case will be approved.
Q43: How should I organize the evidence with the petition?
A. Follow the tips below for how to organize your evidence:
Provide all required documentation and evidence with the petition when filed. Form I-140 petitions may be denied without issuing a request for evidence in the instances where the required evidence described in the instructions and regulations are not initially provided.
If providing photocopies of documents, provide clear legible copies.
All foreign language documents must be submitted with a corresponding English translation. The English translation must be certified by a translator who is competent to translate and must verify in writing that “the translation is true and accurate to the best of the translator's abilities.“ It is helpful if the English translation is stapled to the foreign language document.
If documenting the foreign beneficiary's publications or citations of the foreign beneficiary's work, highlight the foreign beneficiary's 's name in the relevant articles. It is not necessary to send the full copy of a dissertation, thesis, or research paper written by the foreign beneficiary, or one in which the foreign beneficiary's work has been cited. Include the title page and the portion(s) that cite the alien's work and the “works cited“ or bibliography.
Tab and label the evidentiary exhibits at the bottom of the first page of each exhibit, and provide a list of the evidentiary exhibits and the eligibility criteria that each exhibit is submitted to establish for petitions supported by a substantial amount of documentation. An exhibit that is being provided to meet multiple eligibility criteria should be so identified in the exhibit list.
Q44: What is a letter of recommendation?
A: A letter of recommendation is also called reference letter, and it is a letter written by an expert in the foreign beneficiary's field or some otherwise authoritative person in an allied or supported field. Recommendation letters are essential in petition for employment-based immigration benefits. Given that adjusting officers are rarely experts in your field, the only way for them to determine whether you qualify for the standard set by the law (having a degree of expertise above that ordinarily encountered in his or her field) is looking at objective evidence submitted. A recommendation letter is among the most important of them.
Q45: Whom should I contact to obtain letters of recommendation?
A: The post-NYDOT decisions establish that the qualifications of the “experts“ submitting testimonials are crucial. Strong testimonial letters are key to a successful NIW case. A foreign beneficiary should obtain strong letters from both the foreign beneficiary's “inner circle“ and“ outer circle“ of peers. The foreign national's inner circle includes those he or she has directly worked with either in academia or in business. While these letters are often the most glowing, they are also the most suspect since they are possibly biased.The following is some guidelines for whom you should turn to for recommendation letters
Supporting letters from experts or authorities have more weight: Generally, individuals recognized as authorities or experts in the field are given greater weight. A statement should be included in the support letter that establishes the qualifications of these individuals to judge the alien's work.
Supporting letters from closely-related or undistinguished persons have little weight: Support from other employees of the same petitioner or organization that is currently employing the foreign beneficiary or seeks to employ the foreign beneficiary have been given little or no weight on the basis that they lack objectivity. Similarly, testimonial letters from undistinguished colleagues or former college instructors have been subject to greater scrutiny than letters submitted by high-level officials of recognized major organizations.
A recommendation letter from an objective third party is viewed in a more positive light: Moreover, objectivity is one of the factors considered by the USCIS. Letters of support from other employees of the same petitioner or organization that is currently employing the foreign beneficiary or seeks to employ the foreign beneficiary may be rejected on the basis that they lack objectivity. However, if your professor or employer has substantial knowledge about your accomplishments and can provide strong reference, they may be great candidate of recommendation letters.
A recommendation letter from government officials and agencies will increase the chance of success: As suggested by the INS (now the USCIS) in its regulations, letters from government officials and agencies attesting to the national interests which will be served by the alien's permanent residence will greatly increase the chances of success in a national interest waiver case.
Q46: What information should be included in the recommendation letters?
A: These are things that should be included in a recommendation letter:
1. Qualifications of the recommender: A recommendation letter needs to include the description of the drafter. If the drafter comments on the foreign person's achievements or research, a statement should be included in the support letter that establishes the qualifications of these individuals to judge the foreign beneficiary's work.
2. Helpful testimonials from experts: Expert testimonials of your accomplishments are crucial to your petition. However, keep in mind that expert testimonials should bolster the argument that you meet the standard set by law, i.e., that you have a degree of expertise above that ordinarily encountered in your field . Evidence that merely establishes your competence or which fails to set you apart from other persons in the field does not support your case because it carries little weight and may actually be used to deny the petition.
3. Substantive information: A good recommendation letter should point out the high level of unique expertise the foreign beneficiary possesses. If it is a recommendation letter from an employer or professor of the foreign beneficiary, it should specify the work the foreign national is responsible for and the requirements of the job. Although a job offer is not required for priority workers, a recommendation letter from an employer can cite to such a position to establish that very few individuals can fill the offered position (i.e., only top individuals in the field or those with exceptional ability can perform the duties required for the position) and the foreign beneficiary is one of these few individuals. In addition, recommendation letters that briefly discuss the petitioner's activities and described him or her as a knowledgeable individual, but lack specific information regarding how the petitioner's contributions had significantly and consistently influenced the field are insufficient.
Q47: How many recommendation letters are needed?
A: There is no specific number of letters set forth by the USCIS. You should generally include three to seven letters of recommendation in an EB-2 case.
Q48: What assistance does your firm provide concerning drafting recommendation letters?
A: Letters of recommendation are hard to draft yet good letters of recommendation will substantially boost your chance of successful petition. After you retain us, our firm will help you obtain good recommendation letters step by step:
1. We will provide detailed information concerning recommendation letters and walk you through the purpose, format and content of recommendation letters.
2. We will discuss with you about potential candidates to write you recommendation letters.
3. You provide us detailed information pertaining to the authority and expertise of the recommenders, your connections, the relationships beteween your research and theirs ect.
4. After receiving the information you provide, our attorneys will draft recommendation letter for you.
5. You send the recommendation letters to recommenders for them to review and sign.
6. Before we submit the petition, we will review those substantially changed recommendation letters to see if it is necessary to ask the recommender to sign another updated version.
Q49: What if I change jobs while my NIW petition is pending?
A: If you petition for yourself, changing employers will have no effect upon the status of your case, and your petition will remain active. If your employer sponsors your petition, a new petition may beed to be filed.
Q50: May a Ph.D. student apply for an NIW? What is the success rate?
A: Our firm has successfully petitioned for Ph.D. students to obtain Green Cards in the NIW category. Many people may think that Ph.D. students still need the instruction of their professors so it is difficult to argue that they are at the top of their field. However, there are tips to define the field of the endeavor to make “substantially above others in the field“ easier. Our firm has developed winning strategies to help Ph.D. students obtain NIW immigration benefits. The success rate of Ph.D. student petitioning for NIW immigration benefits is about the same as other petitioners in our firm.
资料来源： http://www.wegreened.com
FromChen Immigration Law Associates, P.A.
