EB1A Letters of Recommendation
As I’ve slowly emerged from the bubble of USCIS and into the real world, one of the really interesting discussions I’ve seen on immigration reddit (shoutout to r/eb_1a) relates to letters of recommendation to USCIS when applying for an EB1A petition. There appears to be all kinds of opinions on what type of letters should be submitted, from whom, and how important or impactful these are to officers. Below are some thoughts from me on these letters.
First, it’s important to understand what I am talking about here regarding letters of recommendation (or letters of support as USCIS refers to them). These are not the same as witness letters used to qualify for an individual criterion, most notably critical or leading role. Those letters are instrumental in conveying a petitioner’s qualifications under those criterion. Rather, these letters are used to support a petitioner most commonly in the final merits determination stage. So when contemplating who will be writing these letters and what they should be focusing on, it’s imperative for petitioners to understand what value these letters have for USCIS officers.
The USCIS Policy Manual provides a really helpful overview of the agency’s view on these letters. In fact, about 75% of what USCIS officers are trained on relating to these letters comes directly from this section of the PM. It’s very helpful and instructive to understand what the agency is saying with this line: “Letters of support, while not without weight, should not form the cornerstone of a successful claim for this classification.” In agency parlance, this means letters are worthless without underlying, objective evidence to support the assertations in them. Does this mean you should not submit any letters or only one or two? No! What the agency is telling you, is that the letters are only valuable if they are specific and supported by submitted and clearly defined evidence.
So what should these letters contain and what do officers like to see and not see? And who should be writing these letters? First, they should clearly establish the writer’s expertise and familiarity with the work of the petitioner. This means independent and credible recommenders who can legitimately speak to the petitioner’s work and it’s impact on the field. If the writer is someone who is close to the petitioner, that is not necessarily disqualifying as long as the recommender has a strong, independent basis for their recommendation. Second, the letter should be brief, no more than 2 pages in length (1 is even better). Brevity and clarity are very important for these letters. Third, the letter should contain an actual, wet signature from the recommender.
Last thing: who should draft these letters? Some law firms draft these letters and there are some third party services that do so as well. While these can be successfully used, the petitioner should always carefully evaluate these letters to make sure they are credible and probative to the petitioner’s case. Ask yourself: if all the letters look and sound the same, what type of weight do you think that carries to an officer? For our firm, we do not draft these letters or recommend outside experts. We do offer a one-page best practices tip sheet to help guide you and your recommenders in drafting an effective and meaningful letter.
Bottom line: letters of recommendation can be impactful and useful to your EB1A Petition. The key is understanding their value and purpose in your overall petition.
