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

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PART 3

In this installment of my four-part article on the extraordinary ability alien, outstanding professors and researchers, and national interest waivers under the employment-based immigrant visa categories, tips and strategies in preparing your application will be discussed.

Tips and Strategies in
Preparing your Application

Articulate your area of expertise

Clearly explain, define and articulate, in layman's terms, your area of expertise, your most significant research or significant contribution to the field. It is best to write this down on paper so that you can refine and adapt this. Because your case will be submitted entirely in written format, drafting and revising your explanation of your expertise will be more effective in conveying to the Bureau of Citizenship and Immigration Service (BCIS) officer your background and legal arguments.

Remember you may need to obtain documentary evidence explaining terms or to help explain why your research is so important. The BCIS officers adjudicating your petition are not experts in your field, and scientific terms may be difficult to understand. They may easily overlook the significance of your research or your accomplishments. You need to take the time to help them to understand why your evidence is significant. You may need to do additional research to help explain terms and concepts. The Internet is an easy avenue and a great source for this type of information. Showing government interests or funding is always helpful.

Peer Letters of Support

Create a list of letter writers who may be willing and able to provide letters explaining why your research is internationally recognized and why you are considered to be at the "top of your field" or "outstanding." Gather the names of your potential letter writers, even before you speak with them to get their consent. This way you can selectively chose whom to contact and in what order. You may need to seek assistance from a colleague or an employer who may be willing to intervene on your behalf.

Your list of letter writers should include contact information, how they know you and what they can say to corroborate your expertise and international acclaim. Conduct Internet research about your letter writers and print out materials on their background and/or obtain their curricula vitae and other evidence demonstrating their expertise in the field of endeavor. Background information on your letter writers is important as you need to explain their stature within the scientific community, which will bolster their credibility. This is important, as your letter writers will need to express their opinions regarding your publications, authorship of books or articles and scholarly research in their letters.

You should try to obtain a combination of letters from peers who can corroborate your stated achievements and independent references from others who know your work through your international reputation, conference publications or publications. Letters from individuals working at institutional research facilities, universities and government research facilities who worked directly with you are many times overlooked by BCIS examiners. However, be prepared to argue their relevance and be ready to rebut these allegations.

Documentary evidence

Create a list of evidence that will be submitted with your petition to the BCIS. Your list should include headings based on the criteria required under each category and insert the evidence into each category. Scrutinize each piece of evidence and focus on how this evidence proves "international recognition" within your field. Organize everything in a binder or folder and separate each piece of evidence by category. Peruse your evidence carefully and remember that some evidence may fall into more than one criterion.

Publications, Original Scientific or Scholarly Research Contributions, Authorship of Scholarly Books or Articles

Gather all your evidence together and place it in a binder or folder, labeling each piece of evidence by category. If possible, request more than one set of copies. The reason that organization is very important is that the documents you gather may be voluminous. Thus, to ensure that nothing becomes "lost in the crowd," each document must be placed under the proper category. This will facilitate easy review of all of your works.

Reference to your work is also important

Do citation searches, as widely cited or followed work is given considerable weight. Keep in mind that ranking the total number of citations to your scientific journals may not be enough. However, citation rankings coupled with other corroborative evidence from the letter writers or other documentary evidence that the author's work has been widely cited or followed is key.

Next: Part 4. Requests for Evidence and Appeals

Copyright © 2003 Suzanne Brummett. All Rights Reserved

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