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Do I Need an Employment Letter from My Employer for the EB1C Application? |
Dr. William:
Do I need an employment letter from my employer for the EB1C application? If my case is denied, can I appeal it?
Answer:
A letter from the U.S. employer describing both the applicant's prior duties abroad and the duties to be performed in the U.S. will be necessary for the USCIS to rule that this position may not be filled by a U.S. national. This letter must also prove that both entities are themselves meeting the guidelines of a qualifying organization. Letters should be submitted by both the foreign and U.S. entities, confirming that the applicant has met the one year requirement of working in the foreign company.
Because the USCIS is rather selective in its procedures, a petitioner must be prepared to know how to appeal a denial. There is a standard procedure for what to do in case of a denial, and you can appeal the denial. While the appeal is being made with the USCIS Service Center rendering the decision, the petitioner must wait until final decision is delivered by the USCIS Administrative Appeals Office (AAO) in Washington, DC. Meanwhile, the petitioner may also choose to submit a new petition.
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