USCIS' View of the Reference Letters for EB2 National Interest Waiver Petition

The USCIS adjudicators normally do not understand the alien applicant's work and contributions in the field, and they do not have the alien's expertise. Thus, the only way for them to determine whether a case may qualify the EB2 National Interest Waiver regulation requirements is by reviewing the submitted objective evidence. 

Based on our experience, people from government agencies, universities, and think tanks are the more prestigious reference letter writers for EB2 National Interest Waiver petition, and the recommendation letters or reference letters from U.S. government officials are especially helpful.

As indicated at USCIS' National Interest Waiver adjudication regulations, recommendation letters or reference letters from U.S. government officials and government agencies attesting to the U.S. national interests which will be served by the alien's permanent residence will greatly increase the successful chances for a national interest waiver application case.

When USCIS evaluates the statements in the reference letter, the relationship between the alien applicant and the reference letter writer is also an important considering factor. USCIS expects that an alien beneficiary in the EB1 extraordinary ability caliber should receive recognition beyond the circle of personal and professional acquaintances.

In some cases, the statements in the reference letters make general assertions about the alien applicant, and may indicate that the alien is a competent or a respected person, but the writers of the reference letters fail to support such statements with sufficient evidence. USCIS may consider such reference letters, but they do not necessarily show the alien’s exception ability.

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