When you are applying for an employment-based green card, you need to provide the United States Citizenship and Immigration Service (USCIS) with a great deal of supporting evidence. One type of document that generally accompanies an immigration petition of this type is the letter of recommendation. Foreign nationals who are applying for an EB-1A extraordinary ability or EB-2 national interest waiver green card are often professionals whose potential recommenders have busy jobs and lives. Therefore, an EB-1A or EB-2 NIW beneficiary may be asked to write their own recommendation letters and then present them to their recommender for signature. If you are already paying an immigration lawyer near you to draft your EB-1A or EB-2 NIW petition letter, you might not want to pay extra for them to write letters for your recommenders to put on letterhead and sign. But if your only other option is to write the recommendation letters yourself, how do you do that? This article provides some information on the key parts of a strong letter of recommendation. Parts of an EB-1A or EB-2 NIW Letter of Recommendation A persuasive letter of recommendation for an EB-1A extraordinary ability or EB-2 national interest waiver green card petition should have several key items. Introduction of the Recommender The first paragraph of a EB-1A extraordinary ability or EB-2 national interest waiver recommendation should state the name of the green card applicant and the reason for the letter. Then in that same paragraph, or in the second one, there should be a listing of the qualifications of the recommender. Some relevant information that can be included in the introduction of the recommender are their title, workplace, educational background, and notable accomplishments. These key facts can be useful in persuading a USCIS officer that what is written about the EB-1A extraordinary ability or EB-2 national interest waiver candidate carries some weight. Subsequent Paragraphs Should Relate to the Purpose of the Letter After the recommender is introduced in a letter about an EB-1A extraordinary ability or EB-2 national interest waiver candidate, the next paragraphs should relate to the green card beneficiary’s accomplishments. The letter can include any, or most, of an employment-based green card applicants notable achievements, including their research and citations, original contributions, and awards. If the EB-1A extraordinary ability or EB-2 NIW applicant wants their recommender to describe their leading and critical role in an organization, there is a particular way that these achievements should be written. First, the company should be shown to be notable, such as through its large revenue, awards, or humanitarian efforts. Then, the list of accomplishments of the green card applicant should be specific and measurable, including dollar amounts and percentages. Lastly, they should be shown to have benefitted the organization as a whole. Closing the Letter The final paragraph of a letter of recommendation for an EB-1A extraordinary ability or EB-2 NIW candidate should state that the person is highly deserving of a green card. It should also tell the USCIS adjudicator that the applicant stands out among their peers and will greatly benefit the United States if a green card is approved. When the recommender signs the letter, they should include their title and contact information. Finally, it should be printed on company or university letterhead. Ask for a Sample from an Immigration Attorney Some immigration law firms are willing to provide a sample of a letter of recommendation to a foreign national. This can be helpful if you decide to draft a letter of recommendation by yourself so that it can be presented to someone for signature. For a second-preference, employment-based green card, as indicated at Part 2, line 1h on the Form I-140, Petition for Alien Worker, to qualify for a national interest waiver (NIW) you must be someone who is a member of the profession holding an advanced degree or has exceptional ability. As you do not necessarily have to have a graduate degree or a Ph.D, because you can demonstrate for the United States Citizenship and Immigration Service (USCIS) that you have remarkable attributes that should warrant the grant of an EB-2 NIW green card. Notably, if you have both an advanced degree and exceptional ability, a USCIS adjudicator might be even more apt to approve your I-140 NIW petition. As the EB-2 NIW applicant does not have to have a job offer nor a labor certification, many immigration lawyers who are experienced with this type of green card generally encourage applicants to provide USCIS with as much evidence as possible to show that they are deserving of a national interest waiver. Evidence of Educational Credentials EB-2 NIW applicants can supply more than one form of documentation to evidence their educational credentials before USCIS. Evidence of Advanced Degree As stated on the USCIS webpage on the National Interest Waiver, you need to provide “an official academic record,” such as a diploma or a university transcript. If the advanced degree was earned at a foreign college, it can be prudent to obtain a foreign credential evaluation, so that it is clear to USCIS that the education is indeed postgraduate. For example, the master’s degree awarded by some foreign universities would be a bachelor’s degree in the United States. Although USCIS asks for the official academic record that shows the advanced degree for those who have one, many immigration attorneys like to attach documents for both the graduate and the undergraduate degrees. Proof of Undergraduate Degree Plus Experience Persons who have a U.S. bachelor’s degree, or foreign equivalent, can provide their diploma or transcript to USCIS, along with letters from current and former employers that show at least five years of progressive work experience in the field after earning the undergraduate diploma. Ideally, these letters should be printed on letterhead, written by someone in authority at the organization, and provide the foreign national’s title, dates of work, and job description. Having more than five years in the profession, and preferably ten years in the field, can also help to convince USCIS that a foreign national applicant has exceptional ability in the career, as well. Although the USCIS policy states that one can have either an advanced degree or exceptional ability, generally it helps to have both, since the Service will be waiving the requirement of a job offer and labor certification. Proving Exceptional Ability It is of note that, unlike the EB-1A extraordinary ability green card, with the EB-2 NIW, the regulations only ask for exceptional ability. So what is the difference? USCIS, as it states on the National Interest Waiver webpage, defines exceptional ability as “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” Some immigration attorneys may describe this “degree of expertise” in an introductory paragraph on the EB-2 NIW applicant’s background. Others show this remarkable proficiency in the section of the petition letter that shows that they are well positioned to advance their proposed endeavor in the United States. For many foreign national professionals who want to live and work permanently in the United States, the prospect of a National Interest Waiver (NIW) green card is appealing. This is because you do not need to have a job offer nor a labor certification to qualify. One of the factors that the United States Citizenship and Immigration Service (USCIS) considers when deciding whether or not to grant a noncitizen an EB-2 NIW green card is substantial merit. You might be wondering what the term “substantial merit” actually means, as seems to be an ambiguous concept. In this article an EB-2 NIW attorney in the United States explains more about this criterion for lawful permanent residency in this immigration category. Substantial Merit According to Matter of Dhanasar In 2016, the AAO court case, Matter of Dhanasar, provided a three-prong test to determine whether a foreign national might qualify for a second-preference, employment-based green card based on a National Interest Waiver. The three criteria in the test are (1) The proposed endeavor has both substantial merit and national importance; (2) The Beneficiary is well positioned to advance the proposed endeavor; and (3) On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. According to Dhanasar, substantial merit may be demonstrated “in a range of areas such as business, entrepreneurialism, science, technology, culture, health, or education [. . .] Endeavors related to research, pure science, and the furtherance of human knowledge may qualify […]” Dhanasar, 26 I & N Dec. 884, 889. This standard indicated in the case allows for broad latitude in establishing substantial merit, as it suggests a variety of career areas as well as a range of endeavors. Substantial Merit as Helping Humans One method for establishing substantial merit for the purposes of an EB-2 NIW petition is to illustrate how the foreign national’s work benefits the public. Have they conducted medical research, created jobs, made life easier, or taught the public new concepts? Or perhaps an EB-2 NIW applicant might be entertaining audiences in a novel way or is raising the standards in their field through their accomplishments. For a USCIS adjudicator to find that a foreign national’s endeavors have substantial merit, their work does not necessarily have a global impact. Generally, it just needs to have a great deal of virtue. Knowing Substantial Merit When You See It In the 1964 court case, Jacobellis v. Ohio, the suggestion regarding the definition of obscenity was “I know it when I see it.” Although the concept of substantial merit is at the opposite end of the spectrum, you could likely say that you can recognize it when you observe it, as well. |