Importance of EB-2 NIW (National Interest Waiver) Reference/Recommendation Letter
NIW; NIW Requirements; Legal Fees of NIW; Processing of NIW; NIW FAQs;
Importance of EB-2 NIW (National Interest Waiver) Reference/Recommendation Letter
The AAO and USCIS both indicate that, unlike EB-1A, the requirements of NIW (National Interest Waiver) are less stringent. For example, there is not a minimum number of citations or papers required for a research petitioner. Based on AAO conclusions and our firm’s past experiences, a low number of citations does not preclude eligibility when there is other documentation of the client’s effect on the relative field, although a high number of citations can increase a petitioner’s claim of great influence on the field. Likewise, having a substantial amount of citations does not automatically establish a researcher’s eligibility for the EB-2 NIW (National Interest Waiver). Unique and noteworthy contributions to the client’s relevant field are a critical aspect of the decision-making process for the USCIS when determining eligibility in a NIW (National Interest Waiver) case. Our firm has determined that convincing recommendation letters are key to verifying the petitioner’s contributions to the relevant field.
It is very important to have authorities in your profession describe your accomplishments to the immigration officers so that you will not be rejected because of a low number of citations or the lack of documentation, especially if you have a distinctive situation or limited proficiency.
Choosing Good Candidates for NIW (National Interest Waiver) Reference Letters
Applying for NIW (National Interest Waiver) is a lengthy journey. The first, and possibly most important, question asked during this complicated process is “How do I select the best experts for my reference or recommendation letters?”
After the petitioner selects us for the NIW (National Interest Waiver) case, the Aria Law Group first has a thorough conversation with the client concerning their case, the total number of reference or recommendation letters that will be needed, and the list of possible experts that will be appropriate to write a reference letter. This may be a lengthy discussion when selecting the possibilities, but it guarantees a strong list of experts for the client’s NIW case.
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Misunderstanding about NIW (National Interest Waiver) Recommendation/Reference Letters
NIW (National Interest Waiver) I-140 petition recommendation letters/reference letters are easily confused with the letters for employment or advance education. A reference letter for employment or a Ph.D. program is a comprehensive examination of the accomplishments, experiences, and personal qualities that make the petitioner unique to the jobs or programs for which they are applying. In contrast, NIW (National Interest Waiver) reference letters for I-140 petitions concentrate on the non-resident’s contribution and influence on the relevant field.
Aria Law Group highly recommends that our clients acquire letters from professionals that they have never collaborated with, worked with, or been professionally or personally affiliated; in other words, the letters are from persons “outside their inner circle”. The “inner circle” includes those that you have worked with directly either in business or academia. Aria Law Group lawyers advise clients that even though these “inner circle” letters are usually very complimentary, they are also the most unbelievable because of suspected bias. The USCIS immigration officers believe a non-resident will recognize the outer circle of associates who recognize the accomplishments of the petitioner. This includes organizations or people that the client may never have met but that are knowledgeable of the client’s reputation or work.
Independent Reference Letters are preferred by the USCIS Immigration Officer but “Inner Circle” Bias can be surmounted by other Documentation in NIW (National Interest Waiver) petition
Clients seeking the NIW (National Interest Waiver) have asked what can be done if they cannot provide reference letters from experts in their field that are unknown to them. Our firm advises them that other approaches to exhibiting national recognition are feasible. Documentation used for this purpose can be traced back to the EB-1 “extraordinary ability” principles. Articles published in notable trade publications should be submitted by clients. Nationally/internationally cited works have also been successfully submitted to the AAO from NIW (National Interest Waiver) petitioners. Lastly, the notability of the experts submitting reference letters can overcome the fact that they are personally familiar with the petitioner. In one case, the AAO overlooked the fact that all of the experts submitting reference letters were personally known by the client since they were all researchers at Johns Hopkins Hospital, which is one of the world’s leading medical research facilities.
Obtaining helpful manuscripts from a peer review process will aid the clients who cannot obtain independent reference letters for the NIW (National Interest Waiver) case. Scholarly journals utilize a peer review process for all articles before publication. This process is helpful to the petition since these articles represent the views of anonymous, unbiased observers of the author’s work because they would be considered as conclusive evidence of the petitioner’s achievements. This has proven true in several of our recent cases since the immigration officer was favorably influenced by the peer review articles.
What To Avoid When Submitting Reference/Recommendation Letters
The Aria Law Group/Aria Immigration Law Group provides all reference/recommendation letters for our clients so the petitioners do not have to worry about creating the letters themselves. We have provided suggestions for people who are not utilizing our services when submitting the NIW (National Interest Waiver) petition.
Avoid Noticeably Similar NIW (National Interest Waiver) Reference Letters
Even though it is general practice for NIW (National Interest Waiver) recommendation letters to be created either by the petitioner or a legal representative, USCIS adjudicators expect otherwise. USCIS adjudicators are usually suspicious of reference letters that are noticeably similar and will often discount their merit for the petitioner. Huge problems arise for the NIW (National Interest Waiver) petition if your submitted reference letters are similar in content.
For this reason, always try to make your reference letters seem dissimilar by using various formats, fonts, or other advanced techniques like using different sentence structures, tones, writing styles or approaches of advocacy. Proofreading is also highly recommended in order to avoid issues such as having the same errors throughout all of the reference letters.
Avoid Plain or Average NIW (National Interest Waiver) Reference Letters
The NIW (National Interest Waiver) petition is not to be thought of as a contest in obtaining the most reference letters. Since USCIS adjudicators are limited in the amount of time allotted to each case, an overabundance of mediocre reference letters could lead to RFE or refusal of the NIW (National Interest Waiver) case. For this reason, the focus should be on the power of each letter, not on the volume submitted.
Avoid Empty Compliments in NIW (National Interest Waiver) Reference Letters
Statements concerning the NIW (National Interest Waiver) petitioner should be proven by examples or evidence. USCIS officers will become suspicious of letters containing only statements of policy or meaningless comments which will usually damage the NIW (National Interest Waiver) case.
What to Include in a NIW (National Interest Waiver) Reference Letter?
The USCIS has never defined the format of a NIW (National Interest Waiver) reference letter, so any format may be used. However, AAO past judgments, USCIS memos, and our law firm’s experience from filing hundreds of NIW (National Interest Waiver) petitions have led to the creation of the following statements concerning the creation of good NIW (National Interest Waiver) reference letters
Read more about What Should be Included in an NIW (National Interest Waiver ) Reference/Recommendation Letter?
We have provided some sample reference letters to aid with the creation of good NIW (National Interest Waiver) reference letters. Remember, our firm drafts all the reference letters for petitioners without utilizing generic templates. The samples given are intended to provide a general idea of a reference letter. Each letter should vary due to the petitioner’s area of expertise and accomplishments. Consulting with a law firm experienced in NIW (National Interest Waiver) cases and immigration law is always the best choice.
NIW (National Interest Waiver) Recommendation Letter Sample 1