This is exactly what I had in-mind.
What is the the Request For Evidence? When your immigrant petition has been poorly documented. Your may get a notice of the USCIS' unfavorable decision, a written statement of the reason for the negative outcome and an explanation of how to appeal.
You must respond to such a request within the specified time period, usually about one month, or your I petition will be decided on the basis of the already submitted documents.
USCIS adjudication officer uses RFEs to request additional information on the pending application under any of the following circumstances: How to act swiftly in responding to an Request for Evidence A: Citizenship and Immigration Services needs more information to proceed an immigration application, it will issue the petitioner a Request for Evidence RFE notice.
The petitioner should respond to the RFE within the timeframe indicated in the RFE notice, usually 30 to 90 days, so that the USCIS immigration official adjudicating the immigration case will have enough evidence to make a decision.
It does not mean that the denial of your application is inevitable, it only mean that USCIS needs more information from the petitioner, in order to make a right decision. USCIS also has the power to deny an immigration application without first issuing Request for Evidence, so the petitioner should be thankful for the opportunity to correct information, provide more documentation and evidence, and convince the USCIS immigration official to approve your immigration petition.
If you fail to respond the RFE notice, USCIS will either determine that you abandoned your immigration application and issue a denial, or it will make an ultimate decision on the case without the information that it requested, most likely resulting in a denial.
Therefore, it is important that you change your address with USCIS if you move, or make arrangements for your mail to be forwarded to you if you travel extensively. Can I simply ignore the RFE request?
The Request For Evidence notice provides suggested evidence that could be submitted in consideration of each requested item. The petitioner should provide additional evidence that is believed to satisfy the request. The petitioner is responsible for providing that best shows that the EB-1A beneficiary meets all requirements.
Evidence must show that the beneficiary was eligible for the requested benefit when the Form I petition was filed. But no one likes to receive a RFE notice on the pending case. You can ignore the RFE request only if you really want your case to be denied.
It is difficult to tell. Some cases may receive the approval notices in a couple of days after submitting the RFE responses.
The important issue is the successful result, not the time period you have to wait for. Why EB1 Extraordinary Ability is difficult to get approval? The EB1 Extraordinary Ability classification applies to individuals with extraordinary ability in the sciences, arts, education, business, or athletics.
The individual must demonstrate that they have sustained national or international acclaim, and that their achievements have been recognized in the field of expertise, indicating that they are one of that small percent who has risen to the top of their field of endeavor.
The individual must plan to continue to work in their area of extraordinary ability and must substantially benefit the United States. For many foreign nationals, the EB1 Extraordinary Ability is an attractive immigration category, because the immigrant visas are current for everyone in the EB1 categories, and it also allows self petition without U.
However, the EB1 Extraordinary Ability category has the higher standard which requires the alien applicants to "rise to the very top of the field. Unlike the requirement for EB1 Outstanding Professor or Researcher Petition, in which alien applicant must demonstrate that the alien is recognized internationally as outstanding in the academic field, The EB1 Extraordinary Ability applicant must have garnered "sustained national or international acclaim in the field of endeavor".
For outstanding researchers, scholars, and professors who have at least three years of experience, and also have a permanent job offer for research or teaching position, the EB1 Outstanding Researcher or Professor immigrant category is an increasingly popular option to apply for U.
The EB1 Outstanding Researcher or Professor or immigration category is suit for foreign nationals who are internationally recognized as outstanding in their field. It requires that the alien applicant is a tenured or tenured-track professor at a university, or is employed in a permanent research position at a private company that employs at least three full-time researchers.
The alien applicant also should have at least three years of experience in the field. For EB1 Outstanding Researcher or Professor immigrant petition, the job offer should be in the form of a letter and come from: Unlike the requirement for the EB1 Extraordinary Ability Petition, in which alien applicant must have garnered sustained national or international acclaim in the field of endeavor, the EB1 outstanding professor or researcher petition must demonstrate that the alien is recognized internationally as outstanding in the academic field.
In addition, the U. You should prove that you could qualify for an EB-1 Extraordinary Ability immigrant visa in these area: An Form I application filed for an alien immigrant with EB1 Extraordinary Ability must demonstrate that the alien applicant has a level of expertise that the alien has risen to the top of the field.
Evidence must be submitted to support an Form I application for an alien of extraordinary ability. An EB1 Extraordinary Ability application must be accompanied by initial evidence: For many alien applicants, and also for people whose academic achievements are not quite sufficient for EB-1 applications, the EB2 National Interest Waiver category is a good choice.
Therefore, the EB2 National Interest Waiver is an attractive immigration category, because it also allows self petition without U. Unlike the requirement for EB1 Outstanding Professor or Researcher Petition, in which an alien applicant must demonstrate that the alien is recognized internationally as outstanding in the academic field, or the the requirement for EB1 Extraordinary Ability, in which an alien applicant must have garnered "sustained national or international acclaim in the field of endeavor", the applicant for EB2 National Interest Waiver petition is only required to be in an area of substantial merit and national importance, and the applicant's work should benefit the U.
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