What are requirements to expert letters for EB-2 NIW application and how many do you need ?

Among the various methods for a foreign national to gain entry into the United States, the EB-2 National Interest Waiver (NIW) is among the most useful paths to U.S. permanent residency. Unlike other employment-based green card categories, because the EB-2 NIW does not require an employer, it is an attractive option for individuals who are highly skilled in specialized fields. One of the crucial elements to a successful EB-2 NIW petition is expert letters, also referred to as recommendation letters or expert opinion letters.

In this article, we will delve into the requirements for expert letters in the EB-2 NIW application process, the importance of these letters, the number of letters you need, the individuals who should write them, and the essential components that make them effective. Additionally, we will explore how experienced immigration firms such as Accura Immigration Firm can help ensure compliance with USCIS guidelines in crafting your expert letters.

What Are the Expert Letters for EB-2 NIW Petitions?

Expert letters are letters of endorsement from persons with accepted authority and expertise in the applicant's field. These letters attest to the applicant's qualifications and give information about the applicant's work and how the applicant's work is of national significance to the United States. Fast and Basic: Essentially, certifications are independent assessments that validate the applicant's superior skill level within their field of expertise.

The applicant for the EB-2 National Interest Waiver petition is also required to pass a three-prong test established in the Matter of Dhanasar decision by the Board of Immigration Appeals. Expert letters are very helpful in this test:

Substantial Merit & National Importance: The applicant must be able to establish that their proposed effort has real merit and serves an important national interest of the U.S. Expert letters provide an invaluable way to establish merit and importance through independent opinions of experts in the applicant's field and the potential impact of the applicant's work.

In a position to make a Contribution: The applicant must demonstrate that he or she is in a good position for success in the field and for the further advancement of the work. Expert letters contain information about the applicant's ability, aptitude, and skill based on an expert's perspective.

Benefit to the United States Is Greater Than Requirement for Labor Certification:The applicant must show that his or her contributions are in the national interests of the United States and greater than the need for a labor certification. Experts' letters can help document that the work of the applicant benefits the U.S. in a broader sense than just qualifying the applicant's work for a waiver of the labor certification process.

The expert letters are persuasive pieces of evidence that speak directly to these elements, so they are key to any EB-2 NIW petition.

How Much Are You Charging For Letters Of Expert Testimony?

While there is no magic formula or a specific number of expert letters that USCIS has mandated as a prerequisite for approved EB-2 NIW petitions, it is commonly accepted that to have the greatest chance for an EB-2 NIW petition approval it is best to provide between 5 to 7 expert letters. Letters of recommendation must be written by independent, known authorities in the applicant's field of study who are able to make an impartial, knowledgeable assessment of the applicant's qualifications and the national significance of the applicant's proposed activity.

A few really good professional letters are better than a lot of mediocre ones. We need to keep the quantity in mind while stressing quality. The point is to offer a variety of expert opinions that deal with various aspects of the applicant's qualifications and contributions, rather than to send the USCIS a mass of letters that may not have any real meat to them.

Expert letters should:

views of people independent of the applicant's personal and professional relationships

Be specific and detailed with reference to the applicant's accomplishments, research and/or contribution(s) of national significance.

To describe how the applicant is exceptionally qualified to make a major contribution to the activity in the United States. Discuss past performance and accomplishments.

Who Should be writing Expert Letters?

Quality of expert letters is as good as the credentials and expertise of the expert who writes them. Ideally, these experts will:

Be objective: Testimonial letters from colleagues, mentors, or supervisors who have close connections with the applicant are not usually considered objective evaluators of the candidate. Whilst any person may participate in the assessment process, it is preferred that they are independent of the applicant with no professional or personal link as the opinions of these independent experts are of a greater weight.

Have substantial expertise in the field: The experts should be well-known individuals in the applicant's field such as professors, senior researchers, industrialists, professionals with ample experience and qualifications. They should be qualified to assess the applicant's work from an authoritative point of view with proper knowledge about the area.

have a background, as close as practicable, to the applicant's current work: Experience - The expert should have a background which is related to the applicant's work. For example, if the applicant is applying for the NIW as a researcher in biomedical science, an expert in that field will be more credible than someone from elsewhere.

Experts must be able to show that they are knowledgeable about the area of the applicant's work and can comment on the broader impact that the applicant's work or contributions will have on the United States and/or the nation.

Things to Include in an Effective Expert Letter:

Each letter written by an expert should be properly structured and include several aspects: The basic elements of a persuasive expert letter are the following:

Introduction of the Expert:

The letter should open with a small brief introduction about the expert, his credentials, position and experience. This can help to establish the expert's credentials and authority to judge the applicant's work.

The expert should describe the familiarity with the applicant's work and explain what aspects of the applicant's field of work the expert is qualified to address?

Assessment of the Applicant:

The coordinator should include a description of the applicant's qualifications, contributions and accomplishments. Any activities which will highlight the applicant's exceptional capability may be referred to, such as accomplishments, projects, publications or patents.

If the applicant has won any significant awards or acknowledgment in their field, this should be mentioned.

The applicant's Contribution to Knowledge:

The expert should describe the significance of the applicant's work to the field and of the field to U.S. interests generally. Nominators must show how the applicant's contribution will benefit the U.S. (to promote research, technology, business, or public policy).

It is important that the expert provide a clear description of why the applicant's employment is of national significance and how the applicant's work will benefit the US economy in healthcare, education or other areas of public endeavor.

Conclusion:

The letter should end with a positive recommendation of the applicant's qualifications and an expression of support for his or her petition for EB-2 NIW. The professional must confirm the applicant has the potential to further his or her proposed activity and that the work will yield substantial benefit to the United States.

Ideally, the expert will also provide an indication that he/she believes work conducted by the applicant meets the exceptions that would warrant a waiver of the normal labor certification.