NIW Independent Expert Letters

Independent expert letters can be useful supporting evidence in an EB2 National Interest Waiver petition, particularly when outside experts can explain the applicant’s research impact, proposed endeavor or ability to advance important future work.

USCIS does not require a fixed number of independent expert letters, and not every recommendation letter must come from someone completely independent of the applicant.

For the broader subject, review NIW recommendation letters.

What Is an Independent Expert?

In immigration practice, an independent expert generally refers to someone whose professional knowledge of the applicant’s work does not arise primarily from directly supervising, employing or closely collaborating with the applicant.

An independent expert may know the applicant through:

• published research;
• citations;
• conference presentations;
• technical adoption;
• professional committee work;
• government or industry activity;
• use of the applicant’s software or technology; or
• other professional exposure to the applicant’s work.

Does USCIS Require Independent Letters?

No specific NIW rule requires a petition to contain a particular number of independent expert letters.

Letters are supporting evidence and should be chosen based on what each writer can credibly establish.

Why Can Independent Letters Help?

An independent expert may help establish that the applicant’s work is known outside the applicant’s immediate laboratory, employer or collaborator network.

This can be particularly useful when the expert can describe independent reliance on the applicant’s work.

First-Hand Knowledge Matters

USCIS guidance states that expert letters may be persuasive when the writer has first-hand knowledge of the applicant’s achievements, describes those achievements specifically and provides concrete examples of why the applicant is well positioned to advance the endeavor.

“First-hand knowledge” does not necessarily require employment or collaboration.

For example, an expert may have first-hand professional knowledge because the expert used the applicant’s published method or relied on the applicant’s research.

How Did the Expert Learn About the Applicant?

A strong independent letter should explain the basis of the writer’s knowledge.

Examples include:

• “I cited Dr. Smith’s research in my own publication because…”
• “Our laboratory adopted the method developed by…”
• “I first became familiar with the applicant’s research through…”
• “Our company implemented the technology described in…”

The letter should contain the underlying facts rather than formulaic language.

Independent Experts and the Proposed Endeavor

An independent expert may explain why the applicant’s proposed future work addresses an important scientific or technical problem.

The letter should focus on the applicant’s specific endeavor rather than simply state that the broad field is important.

Review the NIW proposed endeavor requirement.

Independent Experts and National Importance

A specialized expert may help USCIS understand broader implications that are not obvious from technical documents alone.

A useful letter can explain:

• the problem addressed by the endeavor;
• why that problem matters;
• the potential effect of successful research;
• how the work could influence a field or industry; and
• why the prospective implications extend beyond one employer.

Review NIW national importance.

Independent Experts and the Well-Positioned Prong

An expert who has independently used or evaluated the applicant’s work may provide powerful evidence that the applicant has already produced results valuable to others.

This can help establish a record of success related to the proposed endeavor.

Objective Evidence Should Support the Letter

USCIS guidance emphasizes that letters are more persuasive when supported by independent evidence.

If a letter says that the applicant’s article changed later research, the petition may include the citing or adopting publication.

If a letter states that technology was implemented, the petition should include implementation evidence where available.

Independent Letters Versus Supervisor Letters

Supervisor and collaborator letters are not inherently weak.

A principal investigator may be the best person to explain exactly what the applicant contributed to a research project.

An independent expert may then provide a different type of evidence by explaining how that work affected researchers outside the original project.

Use Different Writers for Different Facts

A balanced letter strategy may include:

• a supervisor explaining the applicant’s individual role;
• a collaborator explaining technical accomplishments;
• an independent researcher explaining outside adoption;
• a government official explaining agency interest; and
• an institutional representative explaining future support.

Does the Expert Need to Be Famous?

No.

The writer should possess relevant expertise and a credible basis for discussing the applicant’s work.

A highly knowledgeable specialist who has actually used the applicant’s research may be more useful than a famous professor who knows little about the applicant.

Document the Expert’s Qualifications

Useful evidence may include:

• the writer’s academic or professional title;
• institutional affiliation;
• research specialty;
• selected publications;
• professional achievements; and
• other credentials relevant to the subject discussed.

International Experts

An expert does not need to be located in the United States.

International researchers may provide useful evidence showing that the applicant’s work has reached the broader global research community.

Avoid Generic Praise

Statements such as “the applicant is brilliant” or “the applicant will greatly benefit America” add limited evidentiary value without supporting facts.

Specific examples are generally more persuasive.

Avoid Unsupported Legal Conclusions

The writer does not need to provide a legal opinion that the applicant satisfies Matter of Dhanasar.

The expert should focus on professional facts, scientific significance, use of the applicant’s work and other matters within the expert’s knowledge.

Avoid Template Letters

Letters containing nearly identical wording can appear formulaic.

Each writer should address the applicant from the writer’s own professional perspective.

Common Independent Expert Letter Problems

• calling a close collaborator independent;
• failing to explain how the writer knows the applicant’s work;
• providing generic praise;
• making unsupported claims of widespread adoption;
• repeating the same language across multiple letters;
• using a prestigious writer who has no meaningful knowledge of the applicant;
• relying on letters instead of objective evidence; and
• asking experts to make legal conclusions rather than explain professional facts.

Research Recommendation Letter Guides

• Recommendation letters for researchers
• Independent vs dependent recommendation letters
• How many recommendation letters are needed?

Primary Legal Sources

• USCIS Policy Manual, National Interest Waivers
• Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)

Use Independent Experts to Add Evidence, Not Volume

The purpose of an independent expert letter is not to make the petition thicker. The strongest letters add facts, explain technical evidence and demonstrate how the applicant’s work became known or useful beyond the applicant’s immediate professional circle.

Contact The Messersmith Law Firm to request an NIW evaluation.

This page provides general immigration information and is not legal advice.