The Employment Letter for RFE (Request For Evidence) of EB1-EA Petition 

Dr. William:

I did EB1 petition for myself. Now, I am having an RFE about the employment letter and I don't quite know what to do about the employment letter. 

What job description should I write down? In normal cases, people are trying to keep their job descriptions as close to their Labor Certification descriptions as possible, since that is what they clamed then they would be doing. EB1, however, rests on the idea of being special and advanced. Should a job description be different from the one on H-1B?


Strictly speaking, the alien of extraordinary ability need not be seeking “employment” in the United States. The alien must, however, be coming to the U.S. to continue to work in the area of the alien’s extraordinary ability. Thus, the alien must present employment offers, prearranged commitments, arrangements to engage in self-employment, or other evidence showing that the alien will continue to work in the area of the alien’s extraordinary ability.

As stated in USCIS regulations, "No offer of employment required. Neither an offer for employment in the United States nor a labor certification is required for this classification." However, the petition must be accompanied by clear evidence that the alien is coming to the United States to continue work in the area of expertise. Such evidence may include letters from prospective employers, evidence of prearranged commitments such as contracts, or a statement from the beneficiary detailing plans on how he or she intends to continue his or her work in the United States. The EB1-EA category is achievement based. Don't worry about employment letter too much as long as you can prove that you intend to continue working in your field.








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