Anyone who has been through the EB-2 process with a national interest waiver (NIW) request will tell you that it can be a vexing process. What some people do not realize is that possibly the most important part of the process is getting good letters of recommendation. No matter how qualified the alien beneficiary may be, the USCIS is more likely to believe that they are qualified once they hear it from experts in the beneficiary’s field of expertise. The kinds of experts that would be best suited to write these letters varies on a case by case basis, of course. What may be a very successful recommendation letter in one case may not be a good idea in another. Generally, the beneficiary is in the best position to decide who should write the letters for them. As a rule of thumb, however, it is best to have a range of letter writers, including those from the beneficiary’s academic colleagues, government representatives, industry experts, and independent experts who do not necessarily know the alien beneficiary personally, but who know their work through their publications and presentations. However, there are some pitfalls that the beneficiary should be careful to avoid. Here is a summary of common problems that beneficiaries have with their letters of recommendation: 1. Letters from Non-experts Generally speaking, good letters are from recognized experts in the beneficiary’s field. Although someone who has worked with the beneficiary may be able to write an otherwise good letter, if they are not an expert in the field that the alien beneficiary is working, then the letter is of limited usefulness. 2. Luke-warm Letters from Independent Experts Sometimes it makes sense to have a letter from an independent expert who is unfamiliar with the beneficiary on a personal basis, but very familiar with their work. If that independent expert is only going to offer a luke-warm recommendation, however, then the letter may not be a beneficial part of a good NIW package. 3. Letters that Review the Beneficiary’s Resume, Instead of Highlighting their Impact Letters of recommendation for NIW applications are different from standard letters of recommendation, as one might get when applying for college or a job, for example. It is not helpful to the adjudicators to read a review of the beneficiary’s resume. What the adjudicators are looking for is a statement from an insider in the field explaining why the beneficiary’s work is important, what impact the beneficiary’s work has had on the field, and why the beneficiary is uniquely qualified to do the work he or she is doing. 4. Impact, Impact, Impact Naturally, there is no standard format for a good letter of recommendation. Good letters can take a variety of forms. Successful letters all emphasize a few crucial points, however. They briefly address the various projects that the beneficiary has worked on, and more specifically address why the beneficiary was a critical member of the research teams for those projects. Of course, if there is one project in particular that the expert is familiar with, then they should focus on that project. Good letters also discuss why the beneficiary’s continued presence is important for the success of his on-going projects. Furthermore, it is very helpful if the letter writer describes how the beneficiary’s work has affected the work of the writer, as well as the work of the field. Above all else, however, the main thrust of the letter should focus on the beneficiary’s impact – how are things different now because of the beneficiary’s work? This is always the most important part of the letter. 5. Letters that Are Overly Technical It is very important for letter writers to keep in mind that the adjudicators who will be reading these letters are not scientists. They often have little or no background in science at all. As such, while the letter writer may feel that a technical explanation of the beneficiary’s work is necessary to fully explain the beneficiary’s impact on the field, it is very important that they also include a plain language explanation of what the beneficiary does and what difference it has made in the field. Unless the adjudicator can understand what the beneficiary does and why it is important, the letter will not be of any help. 6. Letters that Do Not Address the Beneficiary’s Current Employment The process of acquiring letters of recommendation can be a long one. Sometimes, by the time the beneficiary collects all of his letters in final form, he has changed jobs and employers. Although this is not necessarily a major hurtle in the application process, it is important to keep in mind that it is crucial for the USCIS to receive a complete package. A complete package must address the beneficiary’s current employment. As such, it is important to include a letter from the beneficiary’s current employer highlighting why the employer chose to hire the beneficiary, and explaining the relationship between the beneficiary’s background and experience and their current work. It is important that the USCIS understand the connection between the beneficiary’s experience and their current employment. It is also important that the new employer explain the national benefit of the beneficiary’s current work. Although the beneficiary’s past work may have been beneficial on a national scale, if their current employment does not fit that requirement then they are not eligible for a National Interest Waiver. Letters of recommendation can be frustrating work, but a little time and attention to detail can go a long way in convincing the USCIS that the alien beneficiary merits a National Interest Waiver. ______________________________________________________________________________ --------------------------- 本文由范毅禹律师事务所提供 本律师事务所精办各类劳工应聘及专业移民申请 (包括H-1，L-1，EB-1，EB-2，NIW，劳工卡，绿卡等申请)。所有申请由多位美籍律师及拥有15年经验的范毅禹律师亲自处理，我所并特设中英移民网站。内有最新移民新闻资讯及由律师主持的移民问答集，欢迎读者流览查询。 www.Fan-Law.com CALIFORNIA : Fan & Fitzpatrick, P.A. 370 E. Glenarm St., Pasadena , CA 91106 Tel: 626-799-3999 Fax: 626-799-9966 MARYLAND : Fan & Fitzpatrick, P.A. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: 301-251-2636 Fax: 301-251-0313