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Importance of an EB-2 NIW (National Interest Waiver) Recommendation/Reference Letter

Importance of an EB-2 NIW (National Interest Waiver) Recommendation/Reference Letter

USCIS and the AAO have repeatedly emphasized that the NIW (National Interest Waiver) standard, unlike EB1-A, is flexible: for a researcher applicant there is no minimum number of papers or citations. In our experience and in AAO decisions, frequent citation can bolster a claim of influence in the field, but its absence is no bar where other objective evidence of the petitioner's influence exists. Likewise, substantial citation alone does not establish a researcher's eligibility for EB-2 NIW (National Interest Waiver). Original and significant contribution to the applicant's field is essential to the USCIS decision on an NIW (National Interest Waiver) case, and we have found that establishing that contribution depends heavily on strong recommendation letters

In addition, if your expertise is narrow or your skills unique, you need experts in your field to explain your achievements to the immigration officers so that your case is not denied for low citation counts or a lack of objective documentary evidence.

How to Choose Good Candidates to NIW (National Interest Waiver) Reference Letters

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

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

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

Many people confuse NIW (National Interest Waiver) recommendation letters/reference letters for I-140 petition with letters for advance education or employment. A letter for a PhD program or a job usually discusses the personal qualities, accomplishments, and experiences that make the applicant ideal for that program or position. NIW (National Interest Waiver) letters for I-140 petition focus instead on the foreign national's influence and contribution to the field of the endeavor.

In fact, we suggest obtaining letters from experts with whom the client has never worked, collaborated, or been professionally affiliated — people "outside their inner circle." The inner circle includes those you have worked with directly in academia or business. Our lawyers remind clients that inner-circle letters, though often the most glowing, are also the most suspect as possibly biased. USCIS officers expect a foreign national to identify the outer circle of people who recognize the applicant's achievements, including people and organizations familiar with the applicant's work or reputation who may never have met them.

Independent Reference/Recommendation Letters are Preferred by the USCIS Immigration Officer but "Inner Circle" Bias can be Overcome by other Documentation in NIW (National Interest Waiver) petition

Some clients ask what to do when they cannot obtain letters from people in the field who do not know them. Other methods of showing national recognition are available, and the EB-1 "extraordinary ability" standards indicate what documentation serves that purpose. Petitioners should submit articles published in noteworthy trade publications. The AAO has also been persuaded by NIW (National Interest Waiver) petitioners showing that their work has been cited nationally or internationally. Finally, the fact that every referee knows the petitioner can be offset by the referees' notability: 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 favorable peer review manuscripts. Most scholarly journals put articles through peer review before publication, and many retain the resulting manuscripts. Those manuscripts reflect the views of unbiased, anonymous reviewers, and favorable comments in them are convincing evidence of the petitioner's accomplishments. In many recent cases, the immigration officer was persuaded by peer review manuscripts.

What Should be Avoided Regarding your Recommendation/Reference Letters

At Liu & Associates, P.C., we draft all recommendation/reference letters, so clients never need to prepare drafts themselves. The following suggestions are for people not using our service for their NIW (National Interest Waiver) petition.

1. Avoid Substantially Similar NIW (National Interest Waiver) Reference Letters:

Although petitioners or their lawyers almost always draft NIW (National Interest Waiver) reference letters for recommenders to review and sign, USCIS adjudicators expect the opposite. Substantially similar letters create a serious problem: some AAO cases on NIW (National Interest Waiver) petitions treat such letters with suspicion and discount their merits significantly.

So make the letters look different — through basic variations such as different fonts and formats, or more advanced techniques such as different writing styles, sentence structures, tones, and approaches to advocacy. Have someone proofread them. The worst outcome is the same grammatical error in every letter.

2. Avoid Many Average, Plain NIW (National Interest Waiver) Recommendation/Reference Letters

Remember, an NIW (National Interest Waiver) petition is not a contest to collect the most recommendation/reference letters. Adjudicators have limited time per case, and too many average, plainly written letters can lead to an RFE or even denial simply because the officer has no time to find the merits. Focus on the strength of each letter, not the number.

3. Avoid Empty Compliments in the NIW (National Interest Waiver) Reference Letter

Every comment about the NIW (National Interest Waiver) petitioner must be supported by objective evidence or specific examples. Merely restating the legal standard or offering empty compliments will not improve your chances; it will only make USCIS officers doubt the merits of your NIW (National Interest Waiver) case.

What Should be Included in an NIW (National Interest Waiver ) Reference/Recommendation Letter?

So what should your NIW (National Interest Waiver) recommendation/reference letter include? USCIS has never prescribed a format, so any format is acceptable. Based on our experience filing hundreds of NIW (National Interest Waiver) cases, AAO decisions, and USCIS memos, however, the following statements are essential in a strong letter.

Read more about What Should be Included in an NIW (National Interest Waiver ) Reference/Recommendation Letter?

We list a couple of NIW sample recommendation letters here as examples. We draft all reference letters for our clients without templates. These samples give a general idea of what a letter for an NIW petition might look like; each letter can vary substantially with the applicant's achievements and the recommenders' expertise. It is best to consult an experienced immigration law firm about your NIW (National Interest Waiver) case.