sample cover letter for eb2 niw

Green card for PhD, self petition, NIW requirements, NIW DIY package

EB2 NIW cover letter sample

July 13, 2013 By Veronika 58 Comments

We discussed general tips for EB2 NIW petition letter (cover letter) in one of the previous posts . Today we prepared brief National Interest Waiver cover letter example which may be used as a template. Complete NIW petition letter which helped us significantly to succeed when applying for green card may be found in NIW DIY package .

USCIS recommends to mark the letter by nature of submission (ORIGINAL SUBMISSION / BRIEF FOR AN APPEAL / RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION etc.) and appropriate address (check at USCIS website ). The introduction part of National Interest Waiver petition letter may look like this:

July 13, 2013

USCIS Attn: I-140 P.O. Box 660128 Dallas, TX 75266

Re: EB-2 Immigrant Petition for Permanent Residency with request for a National Interest Waiver

Petitioner/Beneficiary: Dr. Zdenek Sverak Nature of submission: ORIGINAL SUBMISSION Type of Petition: I-140, EB-2 National Interest Waiver Classification Sought: Immigration and Nationality Act 203(b)(2)(B)

Dear USCIS Officer:

This letter is respectfully submitted in support of Immigrant Petition for Alien Worker (I-140) by me, Dr. Zdenek Sverak, as a self-petitioner/beneficiary.

We mentioned which statutory and precedent requirements we wanted to prove in this NIW cover letter. We also added very short highlights there too with references to detailed parts of the letter:

I am eligible for EB-2 classification as a member of the professions holding an advanced degree pursuant to section 203(b)(2) of the Immigration and Nationality Act, 8 U.S.C. §1153(b)(2) because I hold a Ph.D. and Master’s degree in Physics and I am employed as a radiation physicist at Johnson’s Radiation Laboratory. See chapter 1 (page 5).

I further submit evidence and documentation to demonstrate that a waiver of labor certification in my specific case is in the national interest pursuant to In re Matter of New York State Dept. of Transportation (NYSDOT), 22 I&N Dec. 3363, Int. Dec. 3363 (Act. Assoc. Comm. 1998).

I seek employment in an area of substantial intrinsic merit . My research in radiation physics field significantly helps to reduce doses to patients during medical cancer imaging. This research is used also for monitoring of radiation threat. See chapter 2 (page 6).
Proposed benefit will be national in scope . My unique radiation monitoring equipment for early warning of radiation threat was installed in 8 government facilities of National Government Agency around US and successfully brings superior benefits to national security of the whole country. See chapter 3 (page 10).
I will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. I have made outstanding contributions to the radiation imaging technology and was first researcher who developed device with sufficient image resolution and significantly lower doses to patients. I also serve as a crucial advisor in National Government Agency and their research projects would be seriously impaired without my contribution. See chapter 4 (page 15).

We have found that few attorney firms and some people in public forums recommend to include even full citation of law applicant wants to meet. We are not sure if this really brings some value for EB2 NIW case. It may look like this:

For the convenience of the adjudicator, a summary of the pursuant law is provided below.

Section §203(b) of the Immigration and Nationality Act states in pertinent part that:

(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. –

(A) In general. – Visas shall be made available … to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

(B) Waiver of Job Offer:

(i) … the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien’s services in the sciences, arts, professions, or business be sought by an employer in the United States.

Pursuant to 8 C.F.R. 204.5 (k)(2), advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master’s degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.

Matter of New York State Dept. of Transportation, 22 I&N Dec. 215, 217-218 (Comm. 1998)(hereinafter “NYSDOT”), has set forth several factors that U.S. Citizenship and Immigration Services (USCIS) must consider when evaluating a request for a national interest waiver. First, the petitioner must show that the alien seeks employment in an area of substantial intrinsic merit. Next, the petitioner must be show that the proposed benefit will be national in scope. Finally, the petitioner seeking the waiver must establish that the alien will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.

We added brief list of documents (complete list may follow or precede this letter) and explained how we organized evidence .

This letter serves as a guide through all submitted evidence which is placed in following order:

recommendation letters together with resumes of authors (see Exhibits 1 – 7)
Advanced Degrees with evaluation reports (see Exhibit 8)
curriculum vitae (see Exhibit 9)
evidence supporting my past track of achievements and impact on the field, including awards, citations, publications etc. (see Exhibits 10 – 20)
government articles explaining benefits of my research to U.S. nation (see Exhibits 21 – 22)
nonimmigrant status of me and my spouse – passports, approval notices, I-94, visas and marriage certificate (see Exhibits 23 – 25)

Table of contents may be included to clearly show USCIS officer the structure of National Interest Waiver petition letter. We have used chapters and subchapters with names matching NIW requirements.

Content of this petition letter is divided into chapters:

1. Advanced Degree Professional
2. Substantial Intrinsic Merit
3. National in Scope
4. National Interest

4.1 I Developed New Groundbreaking Method in Radiation Imaging

4.2 I am Critical Member of the Team Who Cannot Be Replaced
4.3 My Impact on the Field
4.4 National Interest Would Be Adversely Affected if Labor Certification Were Required
4.5 …
5. Nonimmigrant Status of me and my Dependent

NIW cover letter may continue with complete explanations and details in chapters with appropriate names as already mentioned above. In fact, National Interest Waiver petition letter may be structured in chapters with more traditional names (e.g. Education, Background, Work Experience, Awards etc.) but USCIS officer must find easily how applicant satisfied 4 required National Interest Waiver criteria . Quotations from letters of recommendation and references to all necessary exhibits should be included. See short example of subchapter:

Standard radiation imaging, used for example for screening of the broken bones or early discovery of the cancer tumor, exposes patients to harmful radiation X-rays. [Detailed explanation…]

U.S. Food and Drug Administration (FDA), agency within the U.S. Department of Health and Human Services, describes significant increase of harmful effect of radiation dose deposited to patients: “In the early 1980s, medical X-rays made up about 11 percent of all the radiation exposure to the U.S. population. Current estimates attribute nearly 35 percent of all radiation exposure to medical X-rays.” (see Exhibit 21, page 2). Thus the medical imaging is never ending battle between high quality pictures and low radiation dose deposited to patients.

I have developed new method X-Med imaging which solves this problem by significant reduction of the radiation dose absorbed to human body during medical screening. [Detailed explanation how it works in layman’s language] (see Exhibit 14, page 5).

Dr. John A. Doe, independent outstanding expert, Senior Physicist at National Radiation Laboratory, explains importance of my contribution: “Dr. Sverak introduced new outstanding method… [confirming applicant’s words and explaining some details] … My team in National Radiation Laboratory used his method and received significantly better results compared to older method. Images have even higher quality and sharper contrast and radiation dose to patient was lower more than 30 percent. Hence Dr. Sverak’s X-Med method belongs to extraordinary discoveries in our field.” (see Exhibit 2, page 3)

Moreover, this groundbreaking method enables more precise and safer breast cancer recognition, as confirms Dr. John B. Doe, professor from Stanford University: “ [Another confirming and detailed testimony…] ” (see Exhibit 3, page 2)

I published principles and results of X-Med method in several high impact factor peer-reviewed journals (see Exhibit 15). My articles were widely accepted by other scientists and had a great impact on the whole field of radiation imaging physics. This can be seen by more than 100 citations of these particular papers (see Exhibit 16). After publishing this method I was invited as a speaker to Medical Imaging Conference 2010 held in New York, USA (see Exhibit 17.1) and I was also asked to review scientific articles in IEEE Medical Imaging Journal (see Exhibit 17.2, page 2). This Journal is very prestigious in the field of radiation imaging physics which is demonstrated by its higher impact factor 3.4 compared to other journals in this field (see Exhibit 17.3).

This was just a brief example of one chapter part. We didn’t show all NIW requirements which must be demonstrated in National Interest Waiver petition letter – these were already discussed many times in our previous posts. Get inspiration for example in the post NIW recommendation letter sample . You may follow also general tips in the article about NIW petition letter .

All important facts and arguments are summarized at the end of the NIW cover letter. It is possible that USCIS immigration officer will read only this summary so it should cover briefly all National Interest Waiver requirements here. Summary should show the best arguments and highlights of applicant’s NIW case.

Final part of NIW cover letter can thank to USCIS officer for consideration of National Interest Waiver application. Applicant shouldn’t forget to SIGN NIW petition letter!

Thank you for your time and consideration of my request.

Respectfully,

Zdenek Sverak, Ph.D.

[applicant’s signature]

Radiation Physicist Johnson’s Radiation Laboratory

NIW petition letter is like putting puzzle pieces together – trying to “build” a balanced combination of detailed explanations supported by persuasive evidence and followed by pieces of testimonies from NIW reference letters .

Complete National Interest Waiver cover letter as well as all other necessary documents were released in our NIW Do It Yourself package .

If you have another ideas and experience with writing NIW petition letter please share the information with others in comments below. Thank you!

September 5, 2013 at 12:26 am

This is such a great help! thank you!!

October 1, 2013 at 12:01 pm

We are glad it helps. Thank you very much for feedback!

August 23, 2015 at 3:46 pm

I purchased your DIY kit and cannot find the cover letter within it. Can you either direct me to it or email it? Thanks. Em,

August 23, 2015 at 3:56 pm

Hi Emmanuel,

please open the file I-140.pdf and go to page 22 – there starts the cover letter.

Veronika EB2 NIW team

August 23, 2015 at 6:21 pm

Thank you so much, I found it. Can I inbox you on how to package the application?

August 23, 2015 at 7:06 pm

Sure, I am here to help you! I have just written email to you…

April 9, 2016 at 1:39 pm

Do you have sample cover letters for people with master’s degree?

April 9, 2016 at 7:19 pm

the sample would be the same except the paragraph about degree – just omit PhD degree. That’s it. All other arguments which were used to satisfy National Interest Waiver requirements are degree independent.

Veronika Founder of EB2 NIW project

January 9, 2024 at 9:15 pm

“All other arguments which were used to satisfy National Interest Waiver requirements are degree independent.” Do you mean that for a Masters Degree holder, there is no need to define how the person satisfy NIW requirements?

January 9, 2024 at 11:01 pm

I meant that those presented arguments that satisfy NIW requirements could be done by a person with a PhD degree but maybe also with Ms degree, it does not matter here. Those are two different things – one is having a degree and second is satisfying NIW requirements. To get NIW approval you need to have it ALL! Having advanced degree (or exceptional ability) AND at the same time satisfy ALL 3 NIW requirements. Usually, describing how the person satisfy NIW requirements is major and main part of NIW case.

Let me know if it is more clear or you have questions.

August 31, 2016 at 12:34 pm

do you have do it yourself package for physicians ? – cover letter for physicians ? department of health letter ? do you have package especially for a physician , in speciality field like pulmonary and critical care?

September 2, 2016 at 12:19 pm

I am sorry we don’t. But even if you find some application of other physician your arguments must be specific for you and your particular job. Just keep this in mind.

January 8, 2017 at 10:17 pm

I’m a Mechanical Engineer with 23 years experience in Oil & Gas Industry. I’ve been conducting trainning courses in a specific area. Could I justify a National Interest through training less qualified workers?

January 10, 2017 at 8:07 pm

I am not allowed to evaluate your case because I am not a lawyer. But you can send lawyers your credentials and they will tell you your chances. A lot of them are doing these evaluations for free (google “free niw evaluation”).

February 21, 2018 at 7:29 am

I came about your site via online search. From your response to a comment you do not evaluate chances of one getting NIW. What actually do you do. The kit I read about, how much is it and how can one get it. Any testimony of people who applied/used it and became successful. Does it mean that in addition to buying the kit, I would still need an attorney? Can I apply from outside the USA for NIV. I am an engineer, worked 5 years in USA, licensed professional engineer for Texas and California, a certified automation professional, currently working in England, after the expiration of my 5year L1B work permit.

February 21, 2018 at 11:14 pm

I provide a valuable information for free here on the blog and I also wrote a book about EB2 NIW . The DIY kit is complete successful and real application helping people to build their own application. It includes the book, templates and other valuable resources. I have over 1000 clients who used this DIY kit to work on their own application without a lawyer, find testimonials of some of them here . Applying from outside USA is available through consular processing, I have several clients successful as well, check the testimonials. The advantage of buying a DIY kit is significantly lower price, currently $99, compared to legal fees (typically $5,000 – $20,000). DIY kit is available here .

Let me know if you have any other questions.

Veronika, EB2 NIW

April 11, 2018 at 7:42 am

Hi Do you think I stand a chance with ‘Can I apply from outside the USA for NIV. I am an engineer, worked 5 years in USA, licensed professional engineer for Texas and California, a certified automation professional, currently working in England, after the expiration of my 5 year L1B work permit.’ Do you think that a licensed professional engineer (not a professor, no publication, no citation), could use your kit successfully?

April 12, 2018 at 2:46 pm

people from outside USA are allowed to apply too. People with no publications can succeed. The most important thing is how do they satisfy 3 NIW requirements . try to put together your strong arguments, why it is in national interest to bring you here. I am not allowed to give you direct advice or evaluate what your chance is (only lawyers are allowed to do this). You can google “free niw evaluation” and you will find several law firms which do these initial evaluations for free. Get several opinion and you will get the idea how strong your case might be.

Veronika, Founder of EB2 NIW project

April 11, 2018 at 7:56 am

Please would I need credential evaluation for my masters degree obtained from outside USA.

April 12, 2018 at 2:55 pm

In Adjudicator’s Field Manual (22.2(j)(1)(C)) published at USCIS website is written:

In cases involving foreign degrees, ISOs may favorably consider a credentials evaluation performed by an independent credentials evaluator who has provided a credible, logical and well-documented case for such an equivalency determination that is based solely on the alien’s foreign degree(s). In addition, ISOs may accept a comparable evaluation performed by a school official who has the authority to make such determinations and is acting in his or her official capacity with the educational institution.

March 15, 2018 at 7:48 am

Hi Veronika

It is a great help. I just need just the cover letter sample. Is it possible to get the cover letter only? Please let me know how to get it and how much I should pay for it?

March 15, 2018 at 8:28 pm

the cover letter is the core of the whole petition, it includes also quotations from all the reference letters. The rest is just support evidence. For that reason, it would not be reasonable to sell it alone (the discount wouldn’t be more than 10 percent).

July 19, 2018 at 10:39 pm

Hi EB@ NIW team, Can I use your NIW DIY package for a Doctor of Business Administration

July 20, 2018 at 8:30 am

Hi Mohamed,

you can use it for any field you want. Even though the case show my husband (physicist) you can see a complete petition how it looks, how to write the letters, what arguments where used to satisfy the criteria, how to fill all forms, what documents to submit as evidence etc. I am sure it helps.

Veronika, founder of EB2 NIW project

July 20, 2018 at 4:59 pm

Thanks, I am going to buy it, but just I have one question. Is your email address on the Diy Kit so that I can contact you directly once I need some clarifications.

July 20, 2018 at 7:01 pm

you can definitely contact me anytime using this contact form at the bottom of this website: https://www.eb2niw.com/about/

I typically reply immediately or within couple hours. If I am on vacation, I reply every evening if possible. This is how you get my email 🙂

Just a reminder, I am not a lawyer so I am allowed to provide only general information and my own experience and you have to decide what is best for you.

July 20, 2018 at 8:57 pm

Thanks, I know that you are not a lawyer so that I will not consult you any professional issues. Just I meant if something did not work with Kit such as the link did not work, or some files did not open.

August 17, 2020 at 7:02 am

Hello Veronika! I have few questions in case you are familiar: 1. do you know if it’s possible to submit NIW I-140 now while it is a ban? 2. I am back to my home country and taking sabbatical now. Will it affect my application?

Thank you very much for your great work. Def planning to get your get! BW Marina

August 18, 2020 at 1:48 pm

My lawyer said that they submit cases every day even in these days. People applying from abroad file I-140 through consular processing – check your local US embassy website. They don’t file I-485 (this is only for those already living in the USA).

Veronika, founder of EB2 NIW blog

September 5, 2021 at 9:36 pm

Hi Veronika, I am writing from outside USA. I am employed as a doctoral student in Finland. My background is environmental Engineering a d my research g is related to renewable energy sources. I have submitted my eb2 niw petition about 5 months ago without any lawyer. However, I include a petition letter neither did I had my masters degree evaluated before submission. Please I want to know If that could affect my application. Thanks in advance.

September 5, 2021 at 9:38 pm

I meant I did not attach a petition letter neither did I had my masters degree evaluated before submission.

September 7, 2021 at 12:36 pm

petition letter is used to show how you satisfy NIW requirements. Unless you used something else to demonstrate how you satisfy NIW requirements, I am afraid this is a problem. Foreign degrees needs to be evaluated.

May 6, 2022 at 7:49 pm

Wow. Just wow. This is such a great work Veronika

I do a similar job. I teach people how to come to US with a F1 visa. I have very curious about EB2-NIW process to help some of my students. I just LOVED your blog! I am definitely buying your material. I would also love to meet with you “online” to discuss digital projects. If you are interested, just email me back. Thank you! Thank you! Thank you!

May 17, 2022 at 11:21 am

thank you so much for your comment!

Regarding your students – yes NIW could be a potential future way to permanent residency. I have had several clients on F1 visas. Usually, these students has to be already extraordinary compared to their peers to be able to qualify for NIW. But it is definitely good to start soon, at least read about it and know what goals they should focus on to be able to prepare their case in the future.

Please let me know in case of any questions or ideas you wanted to talk about (I sent you an email too so we can communicate directly)

Thanks again for reaching out!

January 5, 2023 at 11:11 pm

Hello Veronika, I would like to ask you if all the foreign degrees must be evaluated, including my degree or just the advanced degree like Msc and Phd?

January 5, 2023 at 11:28 pm

we did evaluation on foreign degrees submitted in my husband’s case (MS and PhD).

January 18, 2023 at 4:31 am

Hi Dear all, I am Ferdous Jamal. I have done Bachelor 4 years and Master 2 year in the field of geology. my research work is on Structural Geology and Biostartigraphy. I am little bit depress for a comprehensive covering letter for EB2 NIW to prove the national interest wavier of US. Please help in this regards. thank you very much

January 18, 2023 at 1:55 pm

Hi Ferdous,

Nor me nor other non-lawyers are allowed to provide you specific advice regarding your case. Only lawyers are allowed to do this and it will cost you. However, general advice would be: try to find something specific related to your work what is above average or exceptional AND helping our country at the same time.

February 17, 2023 at 9:53 am

Hola Verónica, es mucha utilidad y ayuda lo que haces así que de ante mano gracias. Tengo algunas preguntas referente al kit. El idioma, es en español? Tiene ejemplo de cartas para los casos de emprendimiento?, por lo menos yo soy personal de salud pero me destaco el la rama de la consultoría científica y de automatización con equipos médicos, mi interés es emprender con una empresa de consultoría y acompañamiento tanto a personal de salud como a emprendedores estadounidenses. Tu kit me puede ayudar a armar un plan estratégico ganador? Habla también de los dependientes ? es decir a demás del formulario que se llena para llevarme a mi familia por ejemplo dan más información de ello? Gracias quedo atenta.

February 17, 2023 at 10:28 am

Hi Marissa,

I am not sure if google translated correctly, I don’t speak Spanish.

The DIY kit is in English and you file the application in English as well. DIY kit includes also application for family member, it is part of I-485 petition.

Let me know if you have any questions.

April 29, 2023 at 11:13 am

I would like to know if all the foreign degrees must be evaluated, I mean, even if it is apostilled by La Haya?

Thank you so much Daniel.

May 1, 2023 at 11:45 pm

that’s what is at USCIS website. However, I do not know if there is an exception for the case you mentioned.

July 2, 2023 at 1:22 pm

Deseo saber si desde Cuba puedo aplicar y a través de que formularios hago la solicitud?

September 2, 2023 at 11:04 pm

Hi! I need help! I am trying to order the DIY kit using my debit card even my credit card and the blog is not working.

September 2, 2023 at 11:10 pm

thank you for inquiry and I am sorry about the issue. Don’t worry I will help you with this. Let’s just solve it through the email directly.

Thanks again!

September 17, 2023 at 2:54 pm

Hi, if I use this template, Do I need to re-write it in my own words? or can I use this template and fill in the blanks with the stuff specific to me?

September 18, 2023 at 5:17 pm

as far as I know there is no official requirement what words to use. We chose these to address exact requirements and show clearly to USCIS officer how we satisfied it.

It is your decision what to choose in your case.

November 22, 2023 at 10:41 am

such an interesting information. thanks so much for this. please can we see a sample of cover letter for someone who is a business person, founded up to 3 different companies, ICT, media and entertainment and travel. Has a bachelors degree and more than 10 years work experience

November 22, 2023 at 12:47 pm

Hi Kenechukwu,

Unfortunately I don’t have a case similar to yours, I am sorry.

Let me know in case of any questions.

November 24, 2023 at 8:34 pm

Hi my name is Jonathan I’m IT engineer I want to know it is possible send me step by step all the process, also an example cover letter for my career I will appreciate it

November 24, 2023 at 11:28 pm

Hi Jonathan,

our DIY kit includes the step-by-step intro, general information about NIW (ebook) and complete case. No matter what field you are in, you need to come with your unique story and arguments adjusted to you and your specific work. So the kit is not “copy & paste” everything. But you need to satisfy same requirements and might want to use same wording, showing how you satisfy those requirements, with your own arguments. It will show you how the letter demonstrate and support NIW related specific arguments. How to organize and write letters, what forms are needed and how to fill them, what evidence was used and what form. All of it needs adjustments regarding your specific case of course. But I believe it helps no matter what field you are in. I had many clients across the fields, not only scientists.

January 21, 2024 at 6:26 pm

GRAN APORTE, MUY AGRADECIDO

January 23, 2024 at 1:43 pm

Thank you, Juan!

February 20, 2024 at 2:38 pm

BUENAS COMO ESTAN ESTOY INTERESADO EN UNA EB2 NIW SOY ARQUITECTO CON 20 AÑOS DE EXPERIENCIA COMO CONSTRUCTOR, DIRECTOR Y SUPERVISOR DE OBRAS . QUISIERA SABER SI USTEDES HACEN EL TRAMITE DE LA VISA HACIENDO EL PLAN DE NEGOCIOS Y TODO EL PROCESO DE LA VISA Y QUIERO SABER EL COSTO DE LOS MISMOS GRACIAS

February 20, 2024 at 9:50 pm

I am not sure if I understood (I do not speak your language).

I provide DIY kit for $100 which serves as an inspiration (you work on your case on your own). I am not an attorney.

April 2, 2024 at 11:23 am

I am in IT a System Engineer, with a postgraduate degree evaluated y Wes as a Bachelor Degree in North America, is my case applicable/acceptable? please advise as I would like to waste time and money

April 2, 2024 at 1:09 pm

thank you for your inquiry! I am not allowed to do case evaluations because I am not a lawyer (only they can do it). Search internet for keyword “free niw evaluation” and you will find several lawyers who might tell you.

Hope it helps.

Want our complete and successful NIW application?

Get it here!

Supporting Evidence
EB2-NIW Cover Letter Writing Tips
Recommendation Letter Writing Tips
Tips for mailing your I-140 Petition Packet
USCIS I-140 Form & Instructions
Advanced Degree or Exceptional Ability
USCIS Explore My Options
I-140 USCIS Direct Filing Address
Cross-Chargeability for petitioner born in India or China
Inapplicability of Bars to Adjustment of Status
U.S. Bachelor Degree Equivalency Table
Occupation Keyword Search
Occupations with the most job growth in US
Create a ResearchGate Profile
U.S. Department of Labor's Occupational Outlook Handbook
SOC CODE Direct Match
Search to see if your profession can have US national importance
Critical and Emerging Technologies List Update
Economic Benefits and Losses from Foreign STEM Talent in the United States
Options for STEM professionals to Work in the US
Consular Processing Service Checklist
Forms & Payment for Overseas Filing
Matter of DHANASAR
USCIS Updates NIW
I-140 PETITION PACKAGE
FOREIGN CREDENTIAL EVALUATION
RESPONSE TO RFE (REQUEST FOR EVIDENCE)
DIRECT MAILING SERVICE
Rosie' Tips

#header_text h1#site_heading a, #header_text h1#site_heading{ } @media (min-width: 650px) { #header_text h1#site_heading a, #header_text h1#site_heading{ } } EB2-NIW FILING ASSISTANCE

#header_text h2#site_subheading a, #header_text h2#site_subheading{ } @media (min-width: 650px) { #header_text h2#site_subheading a, #header_text h2#site_subheading{ } } powered by newstart consultancy llc, your cover letter is a narrative of your profession and how it fits into the niw framework, your cover letter should speak about how you meet the three prongs and be backed by a preponderance of evidence.

Preponderance of the evidence is one type of evidentiary standard used in a burden of proof analysis. Under the preponderance standard, the burden of proof is met when the party with the burden convinces the fact finder that there is a greater than 50% chance that the claim is true.

First Prong: The Proposed Endeavor has both Substantial Merit and National Importance

When writing your proposed endeavor, you must be able present evidence that demonstrates, by a preponderance of the evidence, that the proposed endeavor has substantial merit and national importance. The term “endeavor” is more specific than the general occupation; you should offer details not only as to what the occupation normally involves but what types of work you propose to undertake specifically within that occupation.

For example, while engineering is an occupation, the explanation of the proposed endeavor should describe the specific projects and goals, or the areas of engineering in which the petitioner/beneficiary will work, rather than simply listing the duties and responsibilities of an engineer.

The endeavor’s merit may be demonstrated in areas including, but not limited to, business, entrepreneurship, science, technology, culture, health, or education.

In addition, evidence of the endeavor’s potential significant economic impact, but “merit may be established without immediate or quantifiable economic impact” and “endeavors related to research, pure science, and the furtherance of human knowledge may qualify, whether or not the potential accomplishments in those fields are likely to translate into economic benefits for the United States.

Adjudicators examine the national importance of the specific endeavor proposed by considering its potential prospective impact. You should focus on the nature of the proposed endeavor, rather than only the geographic breadth of the endeavor. In Dhanasar, “certain locally- or regionally-focused endeavors may be of national importance despite being difficult to quantify with respect to geographic scope”.

For example, the endeavor “may have national importance because it has national or even global implications within a particular field, such as certain improved manufacturing processes or medical advances.” Economically, it may have “significant potential to employ U.S. workers” or “other substantial positive economic effects, particularly in an economically depressed area.” Therefore, you should submit a detailed description explaining the proposed endeavor and supporting documentary evidence to establish that the endeavor is of national importance.

In presenting that your proposed endeavor is of national importance, you should focus on what you will be doing rather than the specific occupational classification. Endeavors such as classroom teaching, for example, without broader implications for a field or region, generally do not rise to the level of having national importance to establish eligibility for a national interest waiver.

Ultimately, your evidence of record demonstrates that your proposed endeavor has the significant potential to broadly enhance societal welfare or cultural or artistic enrichment or to contribute to the advancement of a valuable technology or field of study, it may rise to the level of national importance.

Second Prong: The Person is Well Positioned to Advance the Proposed Endeavor

Unlike the first prong, which focuses on the merit and importance of the proposed endeavor, the second prong centers on the person. Specifically, the petitioner must demonstrate that the person is well positioned to advance the endeavor.

In evaluating whether the person is well positioned to advance the endeavor, USCIS considers factors i ncluding, but not limited to:

The person’s education, skills, knowledge, and record of success in related or similar efforts;

A model or plan that the person developed, or played a significant role in developing, for future activities related to the proposed endeavor;

Any progress towards achieving the proposed endeavor; and

The interest or support garnered by the person from potential customers, users, investors, or other relevant entities or persons.

You should submit evidence to document your past achievements and corroborate projections related to the proposed endeavor to show that you are well-positioned to advance the endeavor. A person may be well-positioned to advance an endeavor even if the person cannot demonstrate that the proposed endeavor is more likely than not to ultimately succeed.

However, do not make the mistake of thinking that you are given the leeway that although your proposed endeavor is more likely than not to ultimately succeed, you cannot make the hypothetical assumption and make unsubstantiated or implausible claims would not meet the burden of proof. The adjudicating officers must consider the totality of circumstances to determine whether the preponderance of evidence establishes that the you are is well positioned to advance the proposed endeavor.

Third Prong: On balance, it would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirements

This last prong requires you to demonstrate that the factors in favor of granting the waiver outweigh those that support the requirement of a job offer and thus a labor certification, which is intended to ensure that the admission of foreign workers will not adversely affect the job opportunities, wages, and working conditions of U.S. workers.

While Congress sought to further the national interest by requiring job offers and labor certifications to protect U.S. workers, Congress also recognized that in certain instances the national interest is better served by a waiver of the job offer and thus the labor certification requirement. In such cases, a national interest waiver outweighs the benefits inherent to the labor certification process, which primarily focuses on a geographically limited labor market. Within the context of national interest waiver adjudications, Congress entrusted the Secretary of Homeland Security to balance this interest.

Therefore, for the third prong, you must ensure that the endeavor and you are well-positioned to advance that endeavor, taken together , provide benefits to the nation such that a waiver of the labor certification requirement outweighs the benefits that ordinarily flow from that requirement. For example, in the case of an entrepreneur, where the person is self-employed in a manner that generally does not adversely affect U.S. workers, or where the petitioner establishes or owns a business that provides jobs for U.S. workers, there may be little benefit from the labor certification.

It is worth noting that at the Administrative Appeals Office ("AAO") where prongs 1 and 2 were satisfied, the third prong was also found to be met. The adjudicators tend to restate the “well-positioned analysis coupled with national importance analysis.” No AAO case was denied solely on failure to meet the 3d prong.

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Home » Greencard » Employment Based GreenCard » EB-2 National Interest Waiver – Application Documents

EB-2 National Interest Waiver – Application Documents

The petitioner has the burden of proof to provide sufficient evidence for a National Interest Waiver application.

The following documents may be submitted for a NIW based green card petition:

A Form I-140 , Petition for Immigrant Worker
A Department of Labor Form ETA 7089
Documents supporting that the beneficiary is an “ Advanced Degree Professional ” or an “ Alien of Exceptional Ability “.
A strong petition letter drafted by an experienced immigration attorney.
Letters of recommendation from prominent members or experts in your field such as substantial, recognized national or international organizations, institutes, or government agencies. Letters could also be from top level management of prospective companies using the alien’s work and current and former employers. Letters should be from persons who have not personally worked with the alien but are still aware of his/her achievements as this gives more weight than letters from people who know the alien well. The letters should clearly state how they became familiar with the alien’s work. Such letters should discuss the alien’s abilities and accomplishments as well as the alien’s work importance to the national interest. It should state that the alien has made a significant contribution to the field and has achieved a degree of recognition. Even though it is not mandatory to get a strong letter of recommendation from your current employer, you should get such a letter if they are willing to provide one. Even though there are no required minimum number or maximum number of such letters, five to seven letters would be good enough. The stronger the letter is, the better it would be as a lot of weightage is given to such letters. These letters must be placed directly beneath the Form I-140. That will eliminate the examiner’s time spent wading through academics articles, field surveys, general reports, etc. which often add minimal weight to bolster the claim for the alien’s specific achievements are of national interest. This would reduce the need for a request for further evidence (RFE). The USCIS will examine such letters and review the credentials of the individuals who write such letters to determine whether they are qualified to make such evaluations. Along with the letters, on a separate piece of paper, submit a list of persons providing you with recommendation letters, including their names, titles, and employers. Also, include newspaper articles describing the professional reputation of persons preparing your references.
Affidavits from well-known, established and influential people or organizations. e.g., Affidavits from leading scientists, representatives, and from organizations associated with the type of research to be pursued would be helpful for an application being submitted for a scientist.
Documentation of past achievements, proof that the alien has already created jobs, created an increase in exports, turned around a business, or other economic improvements.
Documentation of any past record that substantiates projections of future benefits to the national interest of the U.S. You must establish, in some capacity, your ability to serve the national interest to a substantially greater extent than the majority of your colleagues. You must demonstrate to some degree, your influence on your field of employment as a whole.
If submitting the petition through an employer, a letter from the employer stating their support for the petition.
Satisfactory demonstration that the national interest would be adversely affected if a labor certification were required. Evidence that it would be contrary to national interest to deprive the prospective employer of the services of the alien by making the position available to the U.S. workers that is being sought by the alien. The purpose of a labor certification is to protect the jobs and job opportunities of U.S. workers having the same minimum qualifications as the alien seeking employment in the national interest. The petitioner (either an alien himself/herself or the employer) must establish that the alien will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.
Do NOT submit the evidence of labor shortage in NIW beneficiary’s professional as it is excluded from waiving the job offer and labor certification requirement for NIW petition.
Evidence of at least two years of experience in the area in which the alien will benefit the U.S. The USCIS looks at this very closely to determine whether the alien has a serious commitment to the activity that promotes the national interest.
Evidence of the alien’s significant role in the undertaking. The alien must not simply have been a minor constituent who took part.
Evidence that the benefits of the alien’s proposed employment will be in a national scope. Even though the alien’s employment may be limited to a particular geographic area, it must establish a benefit to more than one particular region of the country. Moreover, there should be little or no adverse impact on the interests of other regions of the country.
Evidence that the alien’s employment is in an area of substantial intrinsic merit and important to the national interests of the U.S.
If the alien holds a patent or are responsible for an innovation, the alien must demonstrate that the innovation serves in the national interest. Otherwise, do not submit any documentation as it would be irrelevant.
All publications, publication citations, abstracts, invitations to conferences, if any.
Resume. Your chances of a NIW approval are not solely determined by your resume and background. All components of the petition must be looked at for determining the chances of approval.
Details of the funding for your research projects or grants, if any.
Requests for reprints of your publications, if any.
Evidence of awards or honors received, if any.
Comments on your published work by critics/journal referees, if any.
Evidence of membership in professional associations, if any.

Submitting the above mentioned documents only allows the case to be reviewed, and there is no guarantee that the petition will be successfully approved. Also, benefits of employment should be immediately apparent to the national interests of the U.S.

Recently, the USCIS has been requesting evidence for “how the beneficiary is the head of the project or a critical member”. The RFEs specify that this may be proved by “funding documents from the government agency or major scientific organization showing where the beneficiary is listed as the principal investigator”. It is reasonable to assume that the person filing the NIW petition plays a critical role, requiring the person to be the head or principal investigator is beyond what should be expected of an NIW alien as such status is rarely given to anyone who is not a U.S. citizen or green card holder.

Some RFEs require you to submit the proof that the alien has received “critical acclaim” which is not a requirement of a NIW and cannot be the sole means for showing the significance of an alien’s abilities and responsibilities. “Critical acclaim” is required for someone who wishes to qualify under the EB-1 category of “ Aliens of Extraordinary Ability ” while a NIW petition is related to the EB-2 petition.

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EB-2 NIW Petition Letter

Introduction

Are you interested in learning how to self-petition for a US Green Card based on merit without the need for sponsors or money for lawyers? This article will discuss the importance of petition letters, what should be included in the letter, and how to make your application stand out.

The Purpose of EB-2 NIW Petition Letters

A petition letter, also known as a cover letter, is a letter that accompanies your application to USCIS . The letter should explain why you qualify for a green card under the EB2 and IW category. This part of the application is crucial and presents a strong argument for why you should be granted a green card.

The Components of an EB-2 NIW Petition Letter

There are five main components of an EB-2 NIW Petition letter:

Presenting a strong argument
Table of contents
References or recommendations
Evidence of qualifications
Organized presentation

It is important to have an organized presentation and a table of contents to guide the USCIS officer through your application. Make sure to include appropriate evidence for everything you mention in your letter. If you do not have evidence for something, do not include it in your letter.

Recommendation Letters

Recommendation letters are a vital part of your EB-2 NIW Petition letter. They provide quotations that you can use to support your argument for why you qualify for the EB2 and IW category. Be sure to have strong recommendation letters from credible sources.

Qualifications and Credentials

It is essential to have someone review your qualifications and credentials to ensure that you meet the requirements for the EB2 and IW category . If you do not meet the requirements, it is unlikely that you will be granted a green card. Seek help from a professional to review your credentials if you are unsure.

In conclusion, a well-written EB-2 NIW Petition letter is crucial to your application for a US Green Card. Following the tips mentioned in this article can make your application stand out and increase your chances of being granted a green card.

Contact Us for EB2-NIW Assistance

Reach out to our experienced team to learn how we can help guide you through the EB-2 NIW green card application process and achieve your goals. Our services are tailored to support your Employment-Based Second Preference National Interest Waiver (EB2-NIW) application from start to finish.

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A Guide for EB-2 National Interest Waiver (NIW) Petitions

In 1990, Congress created a green card path for people whose work is deemed to be in the national interest. The National Interest Waiver (NIW) category has been both highly popular and nearly dead at various times over the last three decades depending on the views of the government at various moments in time.

NIWs are a part of the employment-based, second preference section (i.e., EB-2) of the Immigration and Nationality Act (INA). A NIW is available to those “who are members of the professions holding advanced degrees” or who are foreign nationals of “exceptional ability” who can demonstrate that it is in the national interest for U.S. Citizenship and Immigration Services (USCIS) to “waive the requirements… that an alien’s services in the sciences, arts, professions, or business be sought by an employer in the United States” for an EB-2 beneficiary (i.e., waiving the PERM process). In other words, no employer or sponsor is required for an NIW self-petitioner / applicant. This means that so long as a qualified applicant meets the “national interest” NIW requirements, applicants can get a green card by themselves without a sponsor!

All NIW self-petitioners / applicants must establish by a preponderance of the evidence each of the below 3 prongs:

1) The Applicant’s Planned Work has Substantial Merit and National Importance :

Merit must be demonstrated in areas such as business, entrepreneurship, science, technology, culture, health, or education. Merit may also be shown by demonstrating “significant economic impact,” though merit can be established without immediate or quantifiable economic impact. Endeavors related to research, pure science, and furthering human knowledge can qualify whether or not they translate into economic benefits for the United States. The nature of the proposed endeavor, rather than only the geographic breadth. If the evidence of record demonstrates that the person’s proposed endeavor has the significant potential to broadly enhance societal welfare or cultural or artistic enrichment, or to contribute to the advance of a valuable technology or field of study, it may rise to the level of national importance.

National Importance involves broader implications. Even ventures and undertakings that have as their focus one geographic area of the United States may properly be considered to have national importance. In modifying this prong to assess “national in scope.” An endeavor that has significant potential to employ U.S. workers or has other substantial positive economic effects, particularly in an economically depressed area, for instance, may well be understood to have national importance.

The USCIS Policy Manual sets the new tone by noting “the importance of progress in STEM fields and the essential role of persons with advanced STEM degrees in fostering this progress, especially in focused critical and emerging technologies or other STEM areas important to U.S. competitiveness or national security.” “Critical and emerging technologies” are those that are critical to U.S. national security and include military defense and the economy. Examples include work in artificial intelligence or quantum information science. Petitioners may look to the list of critical and emerging technology subfields published by the White House’s National Science and Technology Council or the National Security Council.

2) The Applicant is Well-positioned to Advance Their Endeavor

Under this prong, the focus is on the person rather than the nature of the proposed endeavor. Can the applicant deliver? USCIS examiners are to consider the following factors:

The person’s education, skills, knowledge, and record of success in related or similar efforts;
A model or plan that the person developed, or played a significant role in developing, for future activities related to the proposed endeavor;
Any progress towards achieving the proposed endeavor; and
The interest or support garnered by the person from potential customers, users, investors, or other relevant entities or persons

Past achievements can be submitted as evidence for the second prong, and projections about the endeavor will need to be documented before an examiner will accept the assertion. Being “well-positioned to advance an endeavor” can be demonstrated even if the applicant cannot show the endeavor is more likely than not to ultimately succeed. A USCIS officer must consider the “totality of circumstances” and determine by a preponderance of the evidence that the person is well positioned to advance the endeavor

The USCIS will consider the following example factors:

An individual’s education;
An individual’s skills;
An individual’s knowledge;
An individual’s record of success in related or similar efforts;
A model or plan for future activities;
Any progress toward achieving the proposed endeavor; and
The interest of potential customers, users, investors or other relevant entities or individuals.

USCIS notes that possessing a Ph.D. in a STEM area related to U.S. competitiveness or national security is “an especially positive factor” to be considered in assessing the second prong. USCIS will look at whether the STEM area relates to the proposed endeavor and even when the applicant’s area of concentration is in a theoretical STEM area, it may further U.S. competitiveness or national security. Evidence here may include letters from interested government agencies, but a degree in a STEM field alone is not enough.

Additional evidence to show an applicant is well positioned to advance a proposed endeavor:

Degrees, certificates, or licenses in the field;
Patents, trademarks, or copyrights developed by the person;
Letters from experts in the person’s field, describing the person’s past achievements and providing specific examples of how the person is well positioned to advance the person’s endeavor;
Published articles or media reports about the person’s achievements or current work;
Documentation demonstrating a strong citation history of the person’s work or excerpts of published articles showing positive discourse around, or adoption of, the person’s work;

Further evidence that the person’s work has influenced the field of endeavor;

A plan describing how the person intends to continue the proposed work in the United States;
A detailed business plan or other description, along with any relevant supporting evidence, when appropriate;
Correspondence from prospective or potential employers, clients, or customers;
Documentation reflecting feasible plans for financial support (see below for a more detailed discussion of evidence related to financing for entrepreneurs);
Evidence that the person has received investment from U.S. investors, such as venture capital firms, angel investors, or startup accelerators, and that the amounts are appropriate to the relevant endeavor;
Copies of contracts, agreements, or licenses showing the potential impact of the proposed endeavor;
Letters from government agencies or quasi-governmental entities in the United States demonstrating that the person is well positioned to advance the proposed endeavor (see below for a more detailed discussion of supporting evidence from interested government agencies and quasi-governmental entities);
Evidence that the person has received awards or grants or other indications of relevant non-monetary support (for example, using facilities free of charge) from federal, state, or local government entities with expertise in economic development, research and development, or job creation; and

Evidence demonstrating how the person’s work is being used by others, such as, but not limited to:

Contracts with companies using products that the person developed or assisted in developing;
Documents showing technology that the person invented, or contributed to inventing, and how others use that technology; and
Patents or licenses for innovations the person developed with documentation showing why the patent or license is significant to the field.

3) On Balance, it Benefits the United States to Waive the Job Offer and Labor Certification Requirements.

Applicants must show, on balance, that it would be beneficial to the U.S. to waive the requirements for a job offer, and thus, the requirement of a labor certification.

Evidence to satisfy this prong include:

The impracticality of a labor certification application;
The benefit to the United States from the prospective noncitizen’s contributions even if other U.S. workers were also available;
The national interest in the person’s contributions is sufficiently urgent, such as U.S. competitiveness in STEM fields:
Whether urgency, such as public health or safety, warrants foregoing the labor certification process;
Whether the labor certification process may prevent an employer from hiring a person with unique knowledge or skills exceeding the minimum requirements standard for that occupation, which cannot be appropriately captured by the labor certification;
Whether the person’s endeavor has the potential to generate considerable revenue consistent, for example, with economic revitalization; and
Whether the person’s endeavor may lead to potential job creation.

More importantly: the USCIS considers the below evidence as strong positive factors in approving NIW petitions:

The applicant possesses and advanced STEM degree, particularly a Ph.D.;
The applicant will be engaged in work furthering a critical and emerging technology or other STEM area important to U.S. competitiveness; and
The applicant is well positioned to advance the proposed STEM endeavor of national importance.
Letters from U.S. government agencies or quasi-government agencies (like federally funded research centers) may be used to support all three NIW prongs. For the first prong, agency letters may help if the agency can show it has expertise in the proposed endeavor and the proposed STEM endeavor promises to advance a critical or emerging technology or is important for the United States maintaining technological prominence. The letters may help with the second prong if they can show how well-positioned they were to advance the endeavor. The third prong is demonstrated if the letters focus on the urgency of the work or how the United States will benefit prospectively from the person’s contributions even if other U.S. workers are available.

NIW FOR ENTREPRENEURS

The USCIS recognizes that there are special considerations applicable to applicants who are Entrepreneurs. Entrepreneurs can provide the following types of evidence to meet the three NIW prongs:

Evidence of Ownership and Role in the U.S.-Based Entity:

Whether the applicant has an ownership interest in a U.S. entity of which the applicant was a founder or co-founder and whether the applicant plays an active and central role as an officer or in another key role. This evidence can help show an applicaht is well positioned to advance the endeavor.

Degrees, Certifications, Licenses, Letters of Experience:

Evidence of successfully leading prior startups or having a combination of relevant degrees and experience to equip the petitioner to advance the startup can help support an NIW claim.

Investments:

An investment, binding commitment to invest, or other evidence showing a future intent to invest in the startup by an outside investor may help support a finding of substantial merit of the proposed endeavor or the applicant being well positioned to advance the endeavor. Angel investors or established organizations like venture capital firms as potential investors are especially helpful. USCIS will also consider the amount of capital needed to advance the endeavor and whether the petitioner has secured sufficient investments.

Incubator or Accelerator Participation:

Receiving support from “incubators,” entities that provide resources and assistance to entrepreneur applicant to help them grow and develop their businesses, can help show an entrepreneur is well positioned to advance an endeavor. The same is true for support received from “accelerators” (private venture capital entities that help startups speed the launch, growth, and scale of their businesses. Being admitted to an incubator or accelerator is an endorsement of the petitioner’s proposed plan or past track record. Applications using incubator or accelerator admission should include evidence of the past success of the incubator or accelerator.

Awards or Grants:

Petitioners can submit evidence of grant receipt or award funding from federal, state, or local government entities, as well as other entities like policy or research institutes, with expertise in economic development, research or development, or job creation. Such funding can show a person’s work has substantial merit, national importance, or both, and the petitioner is well positioned to advance the proposed endeavor.

Intellectual Property:

Patents and other forms of intellectual property (IP) that are held by the petitioner’s current or prior startups can help show a prior record of success and potential progress toward achieving the endeavor. The petitioner will need to show why the intellectual property is significant to the field of endeavor and how the petitioner contributed to the development of the intellectual property as well as how the IP is being used internally and externally.

Published Materials about the Petitioner, the Petitioner’s U.S.-Based Entity, or Both:

Media materials can help show the importance of the endeavor. Relevant published materials may include printed or online newspaper or magazine articles or other similar published materials and the petitioner’s role in the business must be described. Evidence should include additional documentation of the media outlet’s reputation to show the evidence is worthy of being weighed heavily.

Revenue Generation, Growth in Revenue, and Job Creation:

USCIS will consider growth metrics that show that the proposed endeavor has substantial merit or that the petitioner is well positioned to advance the endeavor. Metrics may include data on the entity’s prior growth (revenue generated as well as jobs created). This evidence should be presented with documentation of the petitioner’s contribution to the growth. The evidence can also be used to show the startup has national importance especially when coupled with other evidence such as the location of the entity being in an economically depressed area that will benefit from the jobs created or that will be created.

Letters and Other Statements from Third Parties:

Petitioners may include letters from relevant government entities, outside investors, or established business associations with knowledge of the research, products, or services developed by the entrepreneur and/or his or her entity or the entrepreneur’s knowledge and skills. Letters may also address the experience that would advance the proposed endeavor.
Entrepreneurs’ businesses sometimes undergo forms of review by third parties, such as prospective investors, retailers, or other industry experts, and letters and other statements from relevant third-party reviewers may be used to show the substantial merit and national importance of the endeavor and that the entrepreneur is well positioned to advance the endeavor.

NIW Trends :

An analysis of AAO decisions over the past 3 years reveal the below USCIS trends in adjudicating NIW petitions:

Cases based on work that is planned, but not already underway, are problematic;
Job creation is a positive factor, but the applicant should show that the number of jobs being created is large and will have a substantial impact on the employment rate in a local area;
The documentation for the cases must be substantial, and each claim should be backed up by evidence;
Previous work should be closely related to the basis for the national interest argument;
Evidence of specific projects and matters that demonstrate the work that is claimed to be of national importance should be included;
Economic arguments based on the importance of an industry are not enough. The petitioner needs to show that their business will itself have a substantial economic impact on the regional or national economy or that the petitioner’s business will have a major impact on the industry itself.

If you are unsure about how whether you are eligible for the EB-2 NIW, it is advisable to consult with an experienced immigration attorney before taking any action. As one of the most established firms practicing exclusively in the area of immigration law, our firm has successfully helped our clients obtain temporary work permits, green cards, and citizenship for generations. Note that the information provided in this article and website is intended for general information purposes only and should not be construed as legal advice. For additional information or information regarding other immigration matters, please call Attorney Thomas M. Lee for a free consultation at 213-251-5533

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How to write an eb-2 niw recommendation letter in 2024.

Letters of recommendation are vital components of a National Interest Waiver (NIW) petition, and therefore must include specific information attesting the petitioner’s claims for why he or she is entitled to the waiver. In this post, we will show you how to write an EB-2 NIW recommendation letter.

The letters should come from experts who can give testament of the petitioner’s intrinsic merit and their exceptional ability, specifying not only the applicant’s accomplishments, but also their contribution to their field.

The writers should also include relevant qualifications to present their own opinion about the applicant, an explanation of why the applicant is working in an area of high merit, and evidence of how their work will be of essential benefit to the United States as a whole, as well as any additional supporting materials.

Applicants must submit a minimum of five reference letters, but up to seven. The reason being is that USCIS officers are most likely not experts in the applicant’s field, and they determine the applicant’s qualifications based largely on the contents of his or her recommendation letters.

EB-2 NIW Recommendation Letter Requirements

While writing a letter of recommendation, it should be recalled, the EB-2 NIW requirements are the following:

The applicant must be applying to a job which requires an advanced degree, and must hold such degree, or its equivalent
Proof that the applicant’s work in the U.S. has, or will have a substantial positive impact on health, education, economy, technology, business, etc.
The applicant’s qualifications are unique to the development and advancement of their work (specialized degrees, experience, skills, etc. can be considered)
Proof that the United States will benefit more from the applicant’s contribution, than by enforcing PERM, thereby waiving the labor certification requirement

Who Should Write NIW Recommendation Letters

Experts who can confirm the applicant's research contributions to the profession
Someone who is familiar with the applicant's work
Experts who can solidify the petitioner’s claim of meeting the NIW requirements
Additionally, experts who are not currently in the same company
They can be based in a different country
They do not necessarily have to be written by individuals who know the applicant personally, so long as their letter concentrates on the applicant’s significant contribution to their field

What to Include in a EB-2 NIW Recommendation Letter

EB-2 reference letters should include the following:

Introduction about the nature of the recommendation letter
Qualifications of the writer which substantiates his or her ability to write the recommendation
The writer’s role
The writer’s association with the applicant
The familiarity he or she has of the applicant's work
Any other supporting evidence which validates the writer’s capacity – as it relates to the petitioner’s achievements and the significance their role has been
All relevant expertise the applicant has, specifying his or her work, or research - namely their published scholarly articles as well as any relevant presentations
Commentary on how the applicant meets the the requirements of the NIW
Any evidence demonstrating the petitioner is in the position to advance within his or her proposed endeavor
Materials that have been published about the petitioner
Any works the petitioner has previously judged
All relevant awards, grants, association memberships (which require outstanding achievements)
A description of how the petitioner’s work would benefit the country if the labor certification requirements were to be waived

It is also advised that NIW applicants have their work experience as well as their advanced degrees evaluated by a professional evaluation agency. The USCIS allows for a three-to-one ratio, meaning three years of work experience is equal to one year of college experience.

While writers of NIW recommendation letters do not necessarily have to be immigration lawyer, it is highly recommended the petitioner seeks one so he or she can guide the petitioner and their recommender through the process. A letter of recommendation should follow immigration law and NIW requirement precedents , otherwise it may be denied by the USCIS adjudicator.

What Not to Include in an EB-2 NIW Recommendation Letter

The applicant’s competence in the field
What potentially fails to set the applicant apart from others in the field

As well as:

Multiple letters similar in nature
Similar grammatical errors

When an applicant supplies several recommendation letters appearing quite similar, it indicates to USCIS officers that the applicant most likely wrote them (or even someone else). This is especially true when there are some typographical or grammatical errors occurring in the same way across more than one letter. Such inclusions will most likely be used to deny the petition, as this does not support the applicant’s claim of meeting NIW requirements.

If there are six recommenders, there should be six completely different recommendation letters - other than the formatting. This shows due diligence was followed on the part of the applicant by requesting such reference letters from professionals who can speak about the applicant’s sustained esteem.

Conclusion of How to Write an EB-2 NIW Recommendation Letter

The letters should be persuasive in nature, not only attesting to the past and current field contributions the petitioner has made, but also demonstrating how their work is so important and would benefit the United States, in fields such as technology, business, healthcare, economics, etc. This is why USCIS officers require at least 5-7 reference letters.

It can be said, the opinion of experts and field authorities is so highly regarded that their recommendation letters have a much greater impact on the success of the application’s NIW petition. With this in mind, the writer of the letter should also include their qualifications to judge the petitioner’s work. Conversely, letters simply from instructors, co-workers or colleagues will be met with higher scrutiny.

It is important to note, letters of recommendations from individuals who have not worked with the applicant are seen as stronger letters by USCIS officers, as this further validates the petitioner’s claims. Otherwise, letters from the applicant’s sphere of influence could be seen as biased.

It is expected that the writer is proactive in their recommendation letter process, gathering and including materials proving the applicant has either national or international acclaim.

So as to be confident the petitioner’s work satisfies the requirements of the USCIS, it is strongly advised that he or she has their work and college experience evaluated by a professional evaluation agency.

Sample of EB-2 NIW Recommendation Letter:

Fremons, Inc.

123 Abc Street Houston,

TX 77007, USA

www.samplesite.com

January 01, 2022

To: US Department of Homeland Security - US Citizenship and Immigration Service

I-140, P.O. Box 660128, Dallas, TX 75266

Re: Recommendation letter for Fransisco Garamond Petition (EB-2 National Interest Waiver)

Dear USCIS Officer,

It is with great pleasure that I write this letter of recommendation for Mr. Frank Garamond's petition for Permanent Residency in the United States of America under the EB-2 National Interest Waiver category.

Please allow me to first briefly introduce myself. My name is Hannah Arial, and I have recently retired from International Olgas Inc. in Houston after 21 years where I served as a corrosion/erosion engineer. I was previously at NEI as an oil and gas technology advisor. Prior to NEI, I spent 14 years with Ditus where I was the liaison for international oil in more than 15 countries. Some of the roles I had include consulting, data analysis, operations management, and technology advancement. I currently hold 1 patent and have authored more than 100 publications. I have held leadership positions, received multiple awards, and was a distinguished lecturer for more than five professional organizations.

During the past 12 years, I have witnessed first-hand Mr. Garamond's invaluable contributions to the national and international oil and gas industry. Mr. Garamond is an engineer who specializes in the ethical advancement of sourcing and macro mining. He currently holds 42 published patents, though this number consistently increases as he develops innovative solutions. He has authored 25 peer-reviewed publications where he has presented a multitude of successful case studies where he has demonstrated the financial and ethical benefits of his work.

I met Mr. Garamond and the team he led at OilStart Inc. when I was working at NEI. My objective was to identify forerunners whose ideas focus on the positive impact the oil and gas industry can have on the earth. The technology Mr. Garamond presented was astounding and substantial. In January 2015, we collaborated on a project which is his 27th patented tool, where my team and I funded the project. It was his idea to reduce the risk of possible future obsolescence in the spare parts assigned to certain ocean platforms, including 2NE1. Mr. Garamond was able to fashion the most innovative drill and pipe from $1m worth of parts, thus also significantly reducing the chances for nano fractions from the entry nozzle to chamber 3. The project was and still is a huge success. It was at that time that my team and I understood his innovative spirit and how he would play an essential role in my company, but also in the USA.

Vell Offshore and ABI have been using this technology on all new drills ever since. It is critical that Mr. Garamond stays in the U.S. to oversee his current innovation as he is the inventor and investor. His involvement is imperative and he should remain physically available inside country, otherwise efficiency and safety would be jeopardized

On a macro level, it is also crucial for the United States energy sector to continue to follow such advancements, especially at the location of entry into the sub-water earth. Mr. Garamond's unique skill set will serve the interests of the United States, and as such comes with my highest recommendations for the National Interest Waiver.

Respectfully,

Hannah Arial

Executive Director - Fremons, Inc.

123 Abc Street Houston, TX 77007, USA

Tel: +1-555-555-5555 Cell: +1-555-555-5555,

Email: [email protected]

Frequently Asked Questions About How to Write an EB-2 NIW Recommendation Letter (FAQs)

Why do i have to have so many eb-2 niw recommendation letters.

Such letters of recommendations are a vital component to the applicant’s petition for an EB-2 NIW. They are essentially testimonials of the applicant’s accomplishments.

What should be included in an NIW recommendation letter?

Including, but not limited to:

Information about the writer and which qualifications they have to be able to judge the applicant’s work and experience.
All relevant awards, grants, published works from the petitioner.
Solid reasons for why the applicant’s work benefits the United States.
All relevant materials proving such claims.

Who writes NIW recommendation letters for graduate school and PhD programs?

Oftentimes, faculty members write NIW recommendation letters for NIW applicants. They will need to write about the applicant’s personal qualities, his or her previous accomplishments, and their relevant experience demonstrating why they are unique and ideal for the program.

Should I use a template for an NIW recommendation letter?

Templates are strongly advised against. Such recommendation letters require a foundation of immigration law as well as regulations set by the USCIS. Therefore it is suggested to seek an immigration attorney for assistance if the writer is unfamiliar with the proper format.

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How Hard Is It To Get an EB-2 NIW Visa in 2024?

Filing forms i-140 and i-485 concurrently, what is an eb-2 niw expert opinion letter, eb-2 vs eb-2 niw and the differences explained in 2024.

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Employment-Based Immigration: Second Preference EB-2

You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a person who has exceptional ability. Below are the occupational categories and requirements:

Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
Letters from current or former employers documenting at least 10 years of full-time experience in your occupation
A license to practice your profession or certification for your profession or occupation
Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
Membership in a professional association(s)
Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
Other comparable evidence of eligibility is also acceptable.

Labor Certification and Ability to Pay. Employment-based, second-preference petitions must usually be accompanied by a certified Application for Permanent Employment Certification from the Department of Labor (DOL) on ETA Form 9089, however, DOL provides for a blanket (Schedule A) certification in certain situations. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of the priority date and continuing until you obtain lawful permanent residence status. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage. Finally, you may request a waiver of this requirement in the national interest through the petition filed with USCIS. Because the national interest waiver waives the job offer, you do not need to demonstrate an employer’s ability to pay a wage.

** Factors USCIS Considers for National Interest Waiver

The proposed endeavor has both substantial merit and national importance.
You are well positioned to advance the proposed endeavor.
On balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.

For more guidance on these factors in general and how USCIS considers them for those pursuing endeavors in STEM and entrepreneurs, read our policy in section D of USCIS Policy Manual, Volume 6, Part F, Chapter 5, Advanced Degree or Exceptional Ability .

For more information on filing fees, see the Filing Fees page.

Family of EB-2 Visa Holders

If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status, respectively.

More Information

USCIS Policy Manual, Volume 6, Part F, Chapter 5, Advanced Degree or Exceptional Ability
Health Care Worker Certification
Laws, Regulations, and Guides Title 8, Code of Federal Regulations (8 CFR)
Business Immigration USCIS Press Releases

Personal Statement for EB2 NIW

What is a Personal Statement

A personal statement is a document drafted by the petitioner explaining the professional plans to pursue in the United States. It may seem redundant considering that part of the cover letter discusses the “proposed endeavor”. However, this plan can bring additional clarity to the USCIS officer. It can define the type of activity, beyond the endeavor, that one plans to undertake. In addition, the highlights of it can be quoted in the cover letter itself.

When is a good idea to include a Personal Statement for EB2 NIW?

A personal statement is a good idea for petitioners who are working professionals and not businesspeople or entrepreneurs. In other words, a personal statement or professional plan makes sense for a person who has been and/or plans to be an employee in an organization. For example, a scientist or researcher who has worked in academia or in a company. Or an engineer who works for companies developing products.

On the other hand, businesspeople or entrepreneurs may choose to write and attach a business plan instead, which can be more relevant to their occupations and provide more details to the USCIS officer. We will cover business plans in a separate blog post.

How to make a Personal Statement for EB-2 NIW

When writing a Personal Statement, the petitioner should be intentional since some excerpts from this document will be quoted in the petition’s cover letter. The structure of the personal statement can be the following:

Salutation . Similar to the recommendation letters , it is courteous to include some sort of salutation to the USCIS officer that will review the document. “Dear Sir/Madam”, “Dear USCIS Officer”, “To Whom It May Concern”, are a few options.
Subject line . For example: “Personal Statement – Name and Last Name”
Petitioner´s background . This is just a summary of the profile of qualifications. It can be half or less than half of the document and it can serve as a reminder of how the person is well positioned in the field of endeavor.
Petitioner’s professional plans . In this part of the letter, the petitioner explains what the plans are for work in the United States, should a green card be granted. This should be at least half of the document. In the next section, I cover this part more in detail.
Name and signature . Don’t forget to sign in ink – it looks so much more professional!

How long should the Personal Statement be?

In my opinion, this document should be approximately 2 to 4 pages. Of course, each case is different and may require shorter or longer explanations. In general, you do not want to write too much that is completely boring to read. Too short personal statements could leave the USCIS officer thinking that there are no solid plans for a future in the US.

Want to see a real EB2 NIW petition?

You can download my sucessful I-140 petition package, which includes 20+ pages of cover letter, the filled out forms, and all the Exhibits with supporting evidence. You can use this as a reference for your own DIY petition!

What to include in a Professional Plan for EB2 NIW

The petitioner’s professional plans can be broken down into sub-headers or paragraphs. A first paragraph can provide just an overview of the plans in the US, and then subsequent paragraphs can explain in detail different aspects. For example, a scientist or researcher can dedicate one paragraph to introducing the overall topic of investigation – let’s say process development for bioproducts. Then, there can be different sub-sections describing specific projects, such as “Production of biofuels from biomass residues”, and “Production of RNA for biopesticide uses”.

It is important to briefly link each project to its National (or international) Importance, to reinforce the idea that the endeavor is indeed linked to the United States’ interests.

Additionally, I suggest explaining in detail what type of job the petitioner is seeking , to articulate the work in the US better. If already in the US, the petitioner can talk about their current position (its relevance) and what type of organization it is. If there were already other job offers made , or recruiters approaching the petitioner, it is also interesting to mention them and add those as evidence in a suitable Exhibit. This can be additional evidence of how the petitioner is well positioned as there is interest in their services. All of this can be included in a separate subsection.

Wrap everything up by reaffirming how convinced you are that you will be able to easily find (or retain) the targeted job once you obtain the residency.

The value of the Personal Statement for EB2 NIW

The Personal Statement is useful to articulate the plans in the United States properly. This lets the USCIS officer know that the petitioner has a specific vision and plan to follow once in the US. This can help establish the second prong of the Matter of Dhanasar (the petitioner is well-positioned). In fact, the USCIS Policy Manual specifically talks about this type of documen t as one of the types of evidence that can be used for this prong: “A plan describing how the person intends to continue the proposed work in the United States”.

In conclusion: what should you do?

Like for other green card application matters, the decision is yours (and your lawyer’s if you use one) . You know your case and can decide if a Personal Statement containing your professional plans can add any value to your EB-2 NIW application. If you think it can make your case stronger and clearer, then I would include it. In my case, I decided not to include a Personal Statement because there was little information to add through this document. You can download my real successful I-140 package here.

1 thought on “Personal Statement for EB2 NIW”

Hello Oscar,

I’m lost during the preparation of my cover letter, I bought your self-petition files and saw how you divided your petition into 3 sections each one for the Dhanasar prongs. Can I merge all the 3 prongs into one chapter? will the USCIS officer determine all the 3 prongs based on this chapter? or should I have 3 separate sections for each prong?

Take advantage of my successful case!

These are two very useful resources I offer:

COMMENTS

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