NIW Recommendation Letters

Recommendation and support letters are frequently used in EB2 National Interest Waiver petitions to explain technical research, past accomplishments, the proposed endeavor and why the applicant is well positioned to advance that endeavor.

There is no regulation requiring a fixed number of NIW recommendation letters. Letters should be used because they provide useful evidence, not simply because an applicant believes every NIW petition must contain a particular number.

For the broader framework, review NIW for researchers.

What Does USCIS Look for in NIW Letters?

USCIS guidance explains that letters may be persuasive when they:

• come from experts in the applicant’s field;
• are based on first-hand knowledge of the applicant’s achievements;
• describe those achievements specifically;
• provide concrete examples showing why the applicant is well positioned; and
• are supported by other independent evidence.

Are Recommendation Letters Required?

No fixed number of letters is required by the NIW statute, regulations or Dhanasar framework.

An NIW petition should focus on evidentiary quality rather than letter quantity.

How Many NIW Letters Should Be Submitted?

The appropriate number depends on the case.

A smaller set of detailed letters addressing different issues can be more useful than numerous repetitive letters containing similar praise.

Independent Expert Letters

An independent expert may know the applicant’s work through:

• publications;
• citations;
• conference presentations;
• technical adoption;
• professional collaboration that did not involve direct employment;
• government or industry work; or
• other professional exposure to the applicant’s accomplishments.

Independent letters may help demonstrate that the applicant’s work became known beyond the immediate employer or research group.

Read the detailed NIW independent expert letter guide.

Must Every Letter Be Independent?

No.

A principal investigator, supervisor or collaborator may possess detailed first-hand knowledge of the applicant’s personal contributions.

The strongest letter strategy often uses different writers for different evidentiary purposes.

Letters From Principal Investigators

A principal investigator may be well positioned to explain:

• the applicant’s personal contribution to collaborative research;
• technical responsibilities;
• specific research breakthroughs;
• why the applicant’s role was important;
• progress toward the proposed endeavor; and
• the applicant’s specialized expertise.

Letters From Independent Researchers

An independent researcher may explain:

• how the writer became familiar with the applicant’s work;
• whether the writer cited or used the research;
• how the work influenced later research;
• why the proposed endeavor matters to the field; and
• why the applicant’s prior record demonstrates an ability to continue advancing the work.

Government Letters

Letters from governmental or quasi-governmental entities can be particularly useful when they demonstrate interest in the proposed endeavor or explain its relevance to an important U.S. objective.

The strongest governmental letters contain substantive information rather than merely endorsing immigration approval.

Institutional Support Letters

A university, laboratory, company or research organization may provide a support letter explaining:

• the applicant’s future role;
• available facilities;
• research resources;
• planned collaborations;
• funding;
• ongoing projects; and
• how the institution expects the applicant to advance the proposed endeavor.

Letters and the Proposed Endeavor

A letter should address the applicant’s actual proposed endeavor rather than merely describe the importance of the general field.

Review the NIW proposed endeavor requirement.

Letters and National Importance

An expert can explain why specialized research has broader implications that may not be obvious to a nonspecialist.

The letter should connect those implications to the applicant’s specific endeavor.

Review NIW national importance.

Letters and the Well-Positioned Prong

Recommendation letters are particularly useful under the second Dhanasar prong when the writer can provide specific examples of the applicant’s successful work and explain how those achievements demonstrate an ability to advance the proposed endeavor.

Review the NIW well-positioned requirement.

Specific Examples Are Better Than General Praise

A statement that the applicant is “an excellent researcher” provides limited information.

A stronger letter may identify:

• a particular research contribution;
• a paper the writer cited;
• a method the writer adopted;
• a patent or technology that was implemented;
• a research result that changed later work; or
• a specific reason the applicant is capable of advancing the future endeavor.

Explain the Writer’s Basis of Knowledge

An independent expert should explain how the expert became familiar with the applicant’s work.

This can make the testimony more persuasive and help establish that the applicant’s work has reached professionals outside the applicant’s immediate circle.

Objective Corroboration

Letters should be supported by independent evidence when available.

If a writer states that the applicant’s work is widely cited, citation records should support the statement.

If a writer states that a technology is being used commercially, the petition should submit implementation or licensing evidence where available.

Avoid Unsupported Legal Conclusions

Statements such as “the applicant clearly qualifies for a national interest waiver” provide limited professional evidence because USCIS decides whether the legal standard is satisfied.

Experts are usually more helpful when they explain technical facts and professional significance.

Do Not Copy the Same Letter Repeatedly

Letters with substantially identical wording can appear formulaic.

Each letter should reflect the writer’s actual knowledge and perspective.

Expert Credentials

The petition should establish why the writer is qualified to evaluate the applicant’s work.

Potential credentials include:

• academic appointment;
• professional position;
• research specialty;
• publication record;
• awards;
• patents;
• industry leadership; and
• other relevant accomplishments.

Recommendation Letters Are Supporting Evidence

Letters are part of the overall record. They should not substitute for available publications, citation evidence, patents, grants, contracts, adoption records or other objective evidence.

Common NIW Recommendation Letter Problems

• using an arbitrary required number of letters;
• submitting repetitive letters;
• mischaracterizing collaborators as independent experts;
• failing to explain how the writer knows the applicant’s work;
• providing broad praise without examples;
• focusing only on past accomplishments without discussing the proposed endeavor;
• making unsupported claims about national importance;
• relying primarily on legal conclusions; and
• using letters instead of available objective evidence.

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 Letters to Explain and Corroborate the Case

The strongest NIW letters identify concrete facts, explain why those facts matter and fit into a petition supported by independent documentary evidence.

Contact The Messersmith Law Firm to request an NIW evaluation.

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