How to Prepare the Reference Letters for EB2 NIW Application to Avoid the "Self-Serving" Argument, EB2 NIW, NIW Reference Letters, EB2 NIW Application, NIW Self-Serving, NIW Argument

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How to Prepare the Reference Letters
for EB2 NIW Application to Avoid the "Self-Serving" Argument?

Hi William,

I am collecting the expert reference letters for my NIW application. How to prepare the reference letters to avoid the "self-serving" argument made by USCIS officers in some RFE cases?

Answer,

For an EB-2 NIW (National Interest Waiver) petition, compelling reference letters, also known as expert opinion letters, are crucial to demonstrate exceptional ability and the national interest benefit of the applicant's work. These letters should come from independent experts in the field, who can attest to the applicant's achievements and contributions.

USCIS immigration officers, who are not necessarily experts in the applicant's field, rely on objective evidence to assess eligibility. Reference letters help prove the applicant's exceptional ability and the national importance of their work. Strong letters from recognized experts can significantly strengthen the petition and increase the chances of approval.

It is vital to understand the trends and requirements of National Interest Waiver application, in order to properly present and argue each case. With regard to avoiding the rejection or minimization of the value of expert reference letters, it can be necessary to argue that the reference letters in question are properly objective evidence. The characterization as "self-serving" can be countered when independent, well-qualified experts provide the opinions.

Above all, it is important to make the National Interest Waiver filing easily understood to a USCIS officer. Even in highly technical fields, the chance of an NIW approval is higher if the significance of the achievements can be explained in a manner that is likely to be understood by USCIS officer.

If the recommender has not worked with the alien applicant, this should be explicitly stated at the beginning of the letter. Such reference letters are given more weight by USCIS than the letters coming from the petitioner’s colleagues or supervisors, because it demonstrates the wide influence of the alien’s work in the field. Applicants should include at least two or three letters authored by independent experts.