Extraordinary Ability Alien, Outstanding Researcher and National Interest Waiver by Suzanne Brummett

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PART 4

The eventuality of a request for further evidence or denial of a petition will now be addressed.

Requests for Additional Evidence

In many instances, the BCIS examiner will ask for additional evidence. Requests for additional evidence (RFE) are not uncommon in today's immigration climate. It can be discouraging to receive an RFE after you have spent so much time and effort in preparing your application, particularly when a colleague of yours in the same department was able to get an approval. Sometimes the RFE is difficult to decipher when it appears the BCIS is asking for evidence that you have already submitted.

Read the BCIS RFE carefully to determine what additional evidence is requested. Most of the time the RFE will single out the specific criteria you need to address. In responding to the RFE, address each point carefully and persuasively continue to argue the merits of your case. Explain what additional evidence is being submitted or, if the RFE requests evidence that has already been submitted, address that in your response and submit the evidence again. In the event you are unable to obtain the additional evidence requested, be prepared to explain why. For example, the requested evidence may not be available or it may be impossible to obtain. Alternatively, if you believe there is no basis under the regulations for this request, explain why the request is onerous. Responding to an RFE can require extensive additional research, and can be even more time consuming then preparing the original application. Extensions to file responses to RFEs are not permitted.

Appeals

You have a limited time to file an appeal after you receive a denial. Thus, remember the deadline. It is extremely important to read the BCIS decision carefully to determine if there is a basis for an appeal. Unfortunately, new evidence cannot be submitted on appeal, and the majority of cases are not overturned.

Instead, you may wish to consider filing again. A denial does not preclude you from refiling a petition in the same or another category. If you do so, you will need to address the denial and persuasively argue the merits of your case again, maybe with additional evidence you have been able to obtain. You also may consider other avenues of obtaining a green card either through labor certification, family-based sponsorship or possibly a spouse's employment-based options.

Conclusion

There is no key to success or any guaranteed formula. This four-part article should provide you with a basic guideline for what you will face in seeking approval as an extraordinary ability alien, outstanding professor or researcher or an alien whose work is in the national interest. If you are considering seeking immigrant visa status under one of these categories you should seek the advice and assistance of an attorney who can help you prepare the evidence, and articulate the legal arguments needed to successfully gain an approval.

Copyright © 2003 Suzanne Brummett. All Rights Reserved

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