How to Choose the Best Reference/Recommender for Your EB-2 (National Interest Waiver) Case

How to Choose the Best Reference/Recommender for Your EB-2 (National Interest Waiver) Case

Application for NIW (National Interest Waiver) is a long journey. In helping our clients through it, the first and one of the most important questions we encounter is "how should I choose the best reference for my recommendation letters/reference letters?"

At Liu & Associates, P.C., once clients retain us for their NIW (National Interest Waiver) petitions, we first discuss the case in detail, suggesting how many reference (recommendation) letters they need and reviewing possible references. Working through the list takes time, but it ensures strong recommenders for our clients' NIW cases.

Many people confuse reference/recommendation letters for I-140 petition with letters for advance education or employment. A letter for graduate school or a PhD program usually discusses the personal qualities, accomplishments, and experiences that make the candidate ideal for that program or position. Letters for an I-140 petition focus instead on the alien's influence and contribution to the field of the endeavor, and they need not come from people who know the alien personally or in depth. In fact, a letter from someone who does not know the applicant at all is often the better choice.

1. Reference/Recommendation Letters from Outside the Alien's Immediate Circle of Acquaintances Carry more Weight

The USCIS takes the position that an individual with acclaim should be able to produce ample unsolicited materials reflecting it. Independent, outside recommendation letters therefore carry more weight as proof of the petitioner's accomplishments. According to AAO decisions and the USCIS memo, if an NIW (National Interest Waiver) applicant's contributions are not widely praised outside his or her current and former circle of acquaintances, the applicant cannot be found to have earned sustained national or international acclaim or to be truly exceptional or outstanding. Objectivity is also a factor USCIS considers, and letters from other employees of the organization that employs or seeks to employ the alien beneficiary are disfavored as lacking objectivity.

2. Reference/Recommendation Letters from Experts in the Same Field Have More Authority

Generally, recognized experts in the field are given greater weight because their statements are more authoritative. The letter should establish the writer's qualifications to judge the alien's work. Letters from undistinguished colleagues or former college instructors have drawn greater scrutiny than letters from high-level officials of recognized major organizations.

3. A Reference/Recommender should be Able to Specifically Address your Accomplishments and Contribution

Beyond being an expert in your field, the writer should know your research and contributions well enough to address them specifically. So while someone with a prominent reputation in your field is a better candidate than someone from your immediate circle of acquaintances, the ideal candidate is an expert who is also familiar with your work and its significance.

4. Recommendation letters from Government Officials Helps in a National Interest Waiver Case

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

In sum, adjudicating officers cannot be expected to understand your research and contributions; that is not their expertise. They can determine whether you qualify for a category only by reviewing the objective evidence you submit, and a recommendation letter is an important indicator of your accomplishments. Seek someone who is both an independent expert and sufficiently familiar with your accomplishments to address them in the letter.