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  • #移民绿卡

ne‌‌‍‍‌‍‌‌‌‌‍‍‌‍‌‍‍‍‌‌‍‍‌‍‌‍‌‍‍‍‌‍braska EB1B 加急 Noid后通过 时间线+NOID策略 回报地里 + 新人求撒米

psychenjg
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20年11月开始准备绿卡的申请,签了WG,3月投出了NIW(未加急),6月投出EB1B,下面是EB1B的timeline

6/4/2021 律师将材料寄出

6/9/2021 律师收到I797 receipt notice

6/22/2021 网上状态变更为notice explaining USCIS actions was mailed - indicating a NOID (notice of intent to deny)

6/23/2021 律所收到了NOID letter (officer 0858)


9/7/2021 NOID response 寄出

15天内被approve



律师针对NOID letter的 回应和建议: (本着能省则省的原则,楼主决定回复这个NOID)

We have reviewed the NOID, and it is challenging whether you pass a final merits determination (FMD) of your overall credentials.

This officer has determined that you have met at least two criteria in to meet the first prong of the EB1B test, so we need only to respond to the final merits determination, which is the second prong of the test. To respond to this NOID, we will need to show that your work is above and beyond that of other researchers in your field, that others are implementing your work in their own research, and that you have influenced your whole field.

Unfortunately, your NOID is issued by Officer EX0858, a difficult adjudicator, who has an approval rate of 45% for EB1B cases. Based on your citation record, there is a good chance your case may be denied and you may wish to consider withdrawing and refiling in 1-2 months. However, since you would "lose" the premium processing fee, you may also prefer to respond and if you are denied, there would be no negative consequences if you then refile later.

NOID的内容:

In the NOID, the officer challenges each aspect of your evidence, and instead of reviewing your evidence as a whole, the NOID argues that each individual piece of evidence does not show your outstanding position in the field.

First, the NOID argues that your peer review is routine, and that you have not reviewed at a level since 2016 that would indicate your status. It basically argues your peer review is no different than that of other researchers, and even that your position on the advisory editorial board of the Journal of ~隐去~ does not distinguish you from other advisory board members (despite previously arguing that editorial board membership is a way of indicating outstanding recognition).

The NOID then argues your letters do not provide sufficient objective details to show that your work is being recognized and argues that other publications in your field have been more highly cited, demonstrating (in the officer’s opinion) that your work is not highly valued. It also refers to these letters unfairly as “solicited.”

With regard to your citation and publication record, the officer argues they do not show your outstanding position and asks us to submit the Google Scholar profiles of your coauthors. It also argues the analytics we provided are not specific enough to your field.

Finally, the NOID argues your funding evidence does not demonstrate your success personally and that your media coverage is simply a “routine” article published on the internet.

律师针对NOID的回复策略 :

1. 提交新的citation record 和独立引用的citation record,并且argue之前所引用的Essential science indicator数据的可信度

2. 提交15位合作者/领域内其他早期学者的citation record (和我类似或者比我略少)

3. 提交了publon file证明我的review在前10%,过去12个月review数量在前1%

4. 没有写新的推荐信,而找了我做编委的杂志的editor提交了一个证明信- confirming her decision to select me for editorial board review on the basis of my expertise

5. 花费大篇幅重点写了10个cite我的文章的研究的贡献,以及我的文章对他们的研究的意义

律师原话是:select about 15 independent citations (i.e., one in which the citing and cited papers share no coauthors) to your work that have implemented your research in a particularly significant way and describe for us how and why those researchers have used your work. Then we will be able to highlight these citations in the response to help show the officer the actual implementation of your work and prove that there is substance to your citation record that justifies placing more emphasis on it

6. 提交了Microsoft Research data comparing my record of achievement to the records of thousands of other researchers in my field

这些材料我也是花了一些时间准备,好在WG家的NOID response写的非常快,7/23就ready to file了,然而他们家的packaging有一些delay,最终9/7将NOID response材料寄出,15天之内收到了140 approval notice

希望读到这里的伙伴们申请都能顺利通过!有任何问题欢迎留言!

补充一下背景

去年11月Victoria Chen给了 EB1B approve or refund就签了她家

20年non-stem社科方向博士毕业 ~140 引用 ~25 peer review 1个editorial board 无funding无专利无奖项

20年入职一州立学校 Tenure Track Assistan Professor

2封独立推荐信 2封非独立
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