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National Interest Waiver (Recommendation Letter)

Discussion in 'National Interest Waiver and EB1' started by saharm24, May 18, 2008.

  1. saharm24

    saharm24 New Member

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    Last edited by a moderator: Aug 18, 2010
  2. kermina

    kermina New Member

    hi,i need the same here, recommendation letters for physical chemistry, if you can help please email htem to me to nestaphan@gmail.com
     
  3. jk0274

    jk0274 Registered Users (C)

    2 things:

    1- My lawyer refused to give 'templates', stating that each letter should be unique and not have repetitive information. I think that was a good thing.

    2- I would not write my email address in a public internet forum, you are inviting scammers who comb the web for such addresses to bombard you with junk mail. There is a personal message feature here for that.
     
    Last edited by a moderator: May 21, 2008
  4. pswami

    pswami Registered Users (C)


    Asking for samples from others and using others letters to draft yours is cheating the system.

    Recommendation letters must be written by experts themselves based on what they think about you. Applicants writing drafts and getting it signed is unethical.

    After reading this thread, and similar ones and also finding some posts about such services, I am now writing a detailed letter mentioning this (quoting links) and other threads to USCIS Director, Ombudsman and Immigration subcommittee members.

    When there are people waiting in line with genuine cases, there are others in EB1 and EB2 NIW that apply with misusing the system. The system was not designed for people to create fake credentials and dictate their recommendation letters to experts.

    People who have genuine credentials and are honest in their process should not suffer due to this corruption.

    USCIS must examine each letter and credential closely and deny such applications. They must also visit these sites to identify such fraud that s going on.
     
    Last edited by a moderator: May 20, 2008
  5. NIW_help

    NIW_help Registered Users (C)


    not necessarily. draft letter can give vague information and it will not give the actual information. they can be modified to fit each candidate.
    For ex. so and so is working on so and so field with so many years of experience.
    This is applicable to every one. but that does not mean asking such thing is wrong.
    Even though I do not condone such practices, it is not unethical.

    If you have a attorney what is attorneys' job? just fill in the application for you?
    His job is to translate your scientific work in to lay man's language and he also drafts the reco letters. Moreover this will be and should be approved by the expert before signature. If the expert is uncomfortable with your claims do you think he will blindly sign? I do not think so.
    Moreover not all experts will have time and interest to write your "recommendation letter". It is neither their job nor they are paid to do so.
    Why on earth they should spend time to draft a letter simply because you wanted to get a green card.

    It is up to you, if you want to wreck havoc for others.
    no one can create fake credentials. If they do they will face the consequences.

    I agree.

    This is what is the job of USCIS. we are no one to dictate what USCIS should do and should not.
     
  6. lugacevedo

    lugacevedo Registered Users (C)

    Don't you have something better to do

     
  7. saharm24

    saharm24 New Member

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    Last edited by a moderator: Aug 18, 2010
  8. pswami

    pswami Registered Users (C)

    I have been seeing people without much credentials getting approved and people with extraordinary credentials getting denied.

    All this because some people misused the system and drafted their own letters. What about people who honestly applied by requesting experts to write for them and did not use any draft?
     
  9. nightsman

    nightsman Registered Users (C)


    FYI: When Universities, National Labs, companies petition EB1-OR for their employee THEY actually provide a draft letter in their request for reference letters. Eminent professors actually ask you for a draft so they know teh format, content and style.

    There is NOTING wrong with draft letters - people who see others letters are just doing their due diligence. As pointed out it is entirely upto the person who is putting his name on it.

    Have you ever asked for directions to a place when you think you are lost? replace the word 'directions' in teh previous sentence with the word 'letters'.

    Just my 2c.

    Onething for sure - you have made this forum lively again! It has been dead for last three weeks.
     
  10. saharm24

    saharm24 New Member

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    Last edited by a moderator: Aug 18, 2010
  11. swoop

    swoop New Member

    I honestly think you are over-reacting. Firstly, for NIW and OR categories, letters can only be supplemental evidence to documented accomplishments. Letters on their own do not carry much weight. Secondly, that being said, letters for immigration purposes have different requirements from normal recommendation letters for job applications etc. Recommenders need to be informed of this so they can write appropriate letters. This is why lawyers provide templates- not so one can copy verbatim, but so one can get a GENERAL idea of what is required. This is why the original poster wanted examples- not to copy, but to get a general idea of what is required. I re-iterate again,you cannot fake credentials or achievements, since they have to be physically documented in the form of papers, citations and prizes. No-one can pretend to be a nobel laureate and not have supporting info.

    Blame the fact that deserving candidates are denied while people who are less deserving (in your opinion) sail through on inconsistencies at USCIS and individual immigration officers (Nebraska vs Texas, for instance) and not on letters. No self respecting referee will just sign a letter that bends the truth.

    Think about this before you waste USCIS time with complaints...taking them away from approving petitions in a timely fashion!
     
    Last edited by a moderator: May 21, 2008
  12. nscagony

    nscagony Registered Users (C)

    The reason for that is that the underlying legal basis is broken, and a total lack of control and oversight over IOs who make random decisions. They way USCIS decides OR/NIW petitions doesn't make any sense. You have highschool dropouts evaluate the credentials of scientists with PhD. What a joke.

    As for the example letters, you must be new to the academic field. I have signed some 100 letters of rec but I never wrote one. I do review them and mark them up, but if some student wants a letter from me, I have no time to write it myself. Sorry. You evaluate yourself, send me a draft, and I edit & print & sign it. Thats how it works for pretty much any academic I ever met.
     
  13. pswami

    pswami Registered Users (C)

    Yes that is true.
    However there is a whole commercial enterprise that has cropped up. There are DIY kits. Lawyers draft letters for you, People borrow letters from others and use it. I have seen letters where people try to show more than what they are using cookie cutter drafts Thus the sanctity of such an important letter is lost.

    The people who suffer are people who try to be honest and try to get honest recommendations from top people in their field.
     
  14. saveimmigration

    saveimmigration Registered Users (C)

    Unfortunately, it is easier to be the part of the system than fight the system. Best of luck
     
  15. nscagony

    nscagony Registered Users (C)

    The reason that lawyer's prefer to write or review the letters is that the IO's are trained to look for certain keywords. So the system is broken at USCIS' end, and the rest of the world is just adapting to work with that broken system.
     
  16. Shenai

    Shenai Registered Users (C)

    What should be Included in a Recommendation Letter in EB1-A, EB1-B or NIW application?

    I have found several good recommendation letter samples for NIW National Interest Waiver in the following Website.
    Also there are many well written articles about how to prepare recommendation letter.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    by Victoria Chen, Esq., J.D. 03/05/2011

    In my previous article, I discussed whom you should turn to for a recommendation letter for your I-140 Immigrant Worker Petition. In this article, I will lay out what should be included in a recommendation letter.

    Qualifications of the Recommender
    A recommendation letter needs to include the description of the drafter. An introduction of the employer should be made if a job has been offered. If the drafter comments on the foreign person's achievements or research, a statement should be included in the support letter that establishes the qualifications of these individuals to judge the applicant's work.

    Helpful Testimonials from Experts Should Set Apart the Applicant from Other Persons in the Field
    Expert testimonials of your accomplishments are crucial to your petition. However, keep in mind that expert testimonials should bolster the argument that you meet the standard set by law, i.e., that you are one of those few who have risen to the top of the field or you possess exceptional ability as a researcher or qualify for national interest waiver. Evidence that merely establishes your competence or which fails to set you apart from other persons in the field does not support your case because it carries little weight and may actually be used to deny the petition.

    Substantive Information
    A good recommendation letter should point out the high level of unique expertise the applicant possesses. If it is a recommendation letter from an employer or professor of the applicant, it should specify the work the foreign national is responsible for and the requirements of the job. Although a job offer is not required for priority workers, a recommendation letter from an employer can cite to such a position to establish that very few individuals can fill the offered position (i.e., only top individuals in the field or those with exceptional ability can perform the duties required for the position) and the alien is one of these few individuals. In addition, recommendation letters that briefly discuss the petitioner's activities and described him or her as a knowledgeable individual, but lack specific information regarding how the petitioner's contributions had significantly and consistently influenced the field are insufficient.

    For example, in establishing a foreign national's extraordinary ability for EB-1 purposes, the recommender must pay close attention to the criteria specified in the regulations; the recommender may cite to the types of evidence listed in the regulations. The mere cite to public policy is not a substitute for documentation of extraordinary ability. In addition, the government has made it clear that merely submitting types of documentation from the categories listed in the regulations is insufficient; the evidence must ultimately establish that the beneficiary is a foreign national of extraordinary ability. Considering the importance of recommendation letters, it is worth the time and efforts for an applicant to seek perfect recommenders and discuss the content of the recommendation letter with them to boost your chance of approval.

    About NIW/EB1 Recommendation Letter
    Strong reference letters are key to a successful NIW/EB1 case. Our firm has realized the significant role reference letters play in the success of an NIW/EB1 approval and we therefore draft reference letters for our clients to individualize each letter without extra charge. We are of the opinion that drafting a good reference letter requires a good understanding of the immigration law and USCIS regulations and these cannot be replaced by templates.

    Filing an NIW/EB1 petition is a significant step and should not be taken lightly. Don't file an NIW/EB1 petition just to "Give it a shot!" Due to the recent prolonged processing time, reckless filing will substantially delay the time you receive a green card. Moreover, although the law does not preclude the possibility of repeated filing under the same category, if you file anther NIW/EB1 petition after the rejected one without having significant improvement of your credentials, your case will very likely be rejected again.

    More about NIW/EB1 and Recommendation Letter at We Greened Dot Com
     
  17. BigJoe5

    BigJoe5 Registered Users (C)

    http://www.uscis.gov/err/B5 - Membe...ecisions_Issued_in_2010/Mar262010_03B5203.pdf

    [EVERYONE MUST READ THIS DECISION! If even just for a laugh]

    If you want to seek an EB-2 NIW as an IMMIGRATION LAWYER, don’t misquote an obsolete section of 8 CFR and refer to as the Act
    !

    But here is one small blurb on topic.

    "USCIS may, in its discretion, use as advisory opinions statements submitted as expert testimony. See Matter of Caron International, 19 I&N Dec. 791, 795 (Comm'r. 1988). However, USCIS is ultimately responsible for making the final determination regarding an alien's eligibility for the benefit sought. Id. The submission of letters from experts supporting the petition is not presumptive evidence of eligibility; USCIS may, as we have done above, evaluate the content of those letters as to whether they support the alien's eligibility. See id. at 795. USCIS may even give less weight to an opinion that is not corroborated, in accord with other information or is in any way questionable. Id. at 795; see also Matter of Soffici, 22 I&N Dec. 158, 165 (Comm'r. 1998) (citing Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg'l. Comm'r. 1972)).

    For reasons discussed above, the letters submitted on appeal are vague, uncorroborated, and/or irrelevant to the proceeding at hand." Linked Decision at p. 7.
     

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