Qualities of Good Writers of NIW (National Interest Waiver) Reference/Recommendation Letters and Examples of What They Should Say in the Letter

by Liu & Associates, P.C.

A recommendation letter is also called a reference letter, supporting letter, or testimonial letter. Recommendation letters are essential to a NIW (National Interest Waiver) petition. Because adjudicating officers are rarely experts in your field, they can judge whether you meet the standard set by the immigration law (extraordinary ability, exceptional ability, or entitlement to a waiver of labor certification) only by reviewing the objective evidence you submit. That evidence includes, but is not limited to, articles, publications, memos, expert testimony, citations, awards, and recommendation/reference letters.

The lawyers at Liu & Associates, P.C. consider a NIW (National Interest Waiver) recommendation letter one of the most important pieces of evidentiary support. We therefore work with clients to identify the best recommenders, and we draft the letters ourselves. Drafting effective NIW (National Interest Waiver) recommendation letters requires solid knowledge of USCIS regulations and immigration law, so we do not leave that task to our clients.

Strong NIW (National Interest Waiver) Recommendation/Reference Letters Makes up for Your Minimum Citations

USCIS and the AAO have repeatedly stated that the NIW (National Interest Waiver) standard, unlike EB1-A, is flexible: no minimum number of papers or citations is required. In our experience and in AAO decisions, frequent citation can bolster a researcher's claim of influence, but its absence does not bar eligibility when other objective evidence of influence exists. Likewise, heavy citation alone does not establish NIW (National Interest Waiver) eligibility. Because an original and significant contribution to the field is central to USCIS's decision, and because establishing that contribution depends heavily on strong recommendation letters, both the choice of recommenders and the content of their letters are critical.

How to Choose Good Candidates to Make Testimonials for you NIW (National Interest Waiver) petition

An NIW (National Interest Waiver) application is a long process. In guiding clients through it, one of the first and most important questions we hear is, "whom should I turn to for recommendation letters/reference letters?" We always take time with clients to discuss strong candidates, because the recommenders themselves are essential to the support an NIW (National Interest Waiver) letter provides.

Misunderstanding about NIW (National Interest Waiver) Recommendation letters/reference letters

Many people confuse NIW (National Interest Waiver) recommendation letters/reference letters for an I-140 petition with letters for advanced education. A recommendation letter for graduate school or a PhD program is a faculty member's detailed discussion of the personal qualities, accomplishments, and experiences that make the applicant a strong fit for the programs applied to. Letters for an I-140 petition, by contrast, focus on the foreign national's influence and contribution to the field of the endeavor, and need not come from people who know the applicant personally or well.

NIW (National Interest Waiver) Recommendation letters/Reference Letters from Outside the Petitioner's Immediate Circle of Acquaintances Carry More Weight

The lawyers at Liu & Associates, P.C. advise NIW (National Interest Waiver) clients to obtain strong letters from both their "inner circle" and "outer circle" of peers. The inner circle consists of those the applicant has worked with directly in academia or business. We remind clients that inner-circle letters, though often the most glowing, are also the most suspect because the writers may be biased. USCIS expects a foreign national to identify the outer circle of possible recommenders—people or organizations familiar with the foreign national's work who may never have met the foreign national.

Recent updates to the USCIS Policy Manual clarify that, in NIW cases, letters are especially persuasive when they come from experts in the petitioner's field with first-hand knowledge of the petitioner's achievements. Such letters should describe those achievements in detail, give concrete examples of how the petitioner is well positioned to advance the proposed endeavor, and be backed by other independent evidence (USCIS Policy Manual, Vol. 6, Part F, Ch. 5). USCIS thus recognizes that, in NIW cases, showing the impact and feasibility of the proposed endeavor often depends on substantive, direct attestations from those who have observed the petitioner's contributions first-hand.

By contrast, in O-1, EB-1A, and EB-1B petitions, USCIS still gives greater weight to independent letters from outside sources such as experts who have never directly worked with, studied with, or advised the petitioner. In those categories, outside attestations remain the most credible proof of national or international acclaim because they lessen the appearance of bias.

"Inner Circle" Bias can be Overcome by other Documentation in your NIW (National Interest Waiver) petition

Some NIW (National Interest Waiver) clients ask what to do when they cannot obtain letters from people in the field who do not know them. Other methods of demonstrating national recognition are available, and the EB-1 "extraordinary ability" standards suggest what documentation can serve that purpose. Petitioners should submit articles published in noteworthy trade publications. The AAO has also been persuaded by NIW (National Interest Waiver) petitioners who show that their work has been cited internationally. Finally, the notability of the referees can overcome the fact that all of them know the petitioner personally. In one NIW (National Interest Waiver) case, the AAO disregarded the referees' acquaintance with the petitioner because all were researchers at Johns Hopkins, one of the world's leading medical research institutions.

For clients who cannot obtain independent recommendation letters for their NIW (National Interest Waiver) petition, we suggest requesting favorable peer review manuscripts. Most scholarly journals send articles through peer review before publication, and many keep those manuscripts. Peer review manuscripts reflect the opinions of unbiased, anonymous observers of the author's research, so favorable comments are convincing evidence of the petitioner's accomplishments. In two recent cases, the AAO was persuaded by peer review manuscripts in a NIW case.

People who are More Prestigious NIW (National Interest Waiver) Recommendation/Reference Letter Writers

Years of experience show that think tanks, government agencies, and university professors are the most prestigious NIW references. In NIW (National Interest Waiver) cases, recommendation/reference letters from government officials help substantially.

As USCIS suggests in its NIW (National Interest Waiver) adjudication regulations, letters from government officials and agencies attesting to the national interests that the alien's permanent residence will serve greatly increase the chances of success in a national interest waiver case.

Supporting NIW (National Interest Waiver) letters from Experts or Authorities Carry More Weight.

Generally, letter writers recognized as authorities or experts in the field carry greater weight, because their opinions on the petitioner's research are considered more authoritative.

Each NIW (National Interest Waiver) recommendation letter should include a statement establishing the writer's qualifications to judge the alien's work. NIW (National Interest Waiver) testimonial letters from undistinguished colleagues or former college instructors have drawn greater scrutiny than letters from high-level officials of recognized major organizations.

A NIW (National Interest Waiver) Recommender should be Able to Specifically Address your Accomplishments and Contribution

Besides being an expert in your field, the ideal writer of a NIW (National Interest Waiver) recommendation letter should know your research and contributions well enough to address them specifically. Someone with a prominent reputation in your field is therefore a better candidate than an immediate acquaintance, and the best candidate is an expert who has familiarized himself or herself with your contribution.

In sum, adjudicating officers in NIW (National Interest Waiver) cases cannot be expected to understand your research and contributions, because that is not their expertise. They can determine whether you qualify for a given category only by reviewing the objective evidence you submit. A recommendation letter is an important indicator of your accomplishments, so seek someone who is both an independent expert and sufficiently familiar with your accomplishments to address them in the letter.

About NIW (National Interest Waiver) Recommendation Letter

Strong reference letters are key to a successful NIW case. Because reference letters matter so much to successful NIW and EB1 approvals, our firm drafts personalized letters for every client to highlight their unique achievements and contributions. In our view, drafting a good reference letter requires a good understanding of the immigration law and USCIS regulations and no template can replace them.

Filing an NIW petition is a serious step, not one to take lightly. Don't file an NIW petition just to "Give it a shot!" Due to the recent prolonged processing time, reckless filing will substantially delay the time you receive a green card. Moreover, although the law allows repeated filing in the same category, if you file another NIW petition after the rejected one without having significant improvement of your credentials, your case will very likely be rejected again.