Eb1 employment letter


Registered Users (C)
Hey guys, I didn't self petition for my Eb1. My current employer did that for me. Now, I am having an interview in about a week in Washington, DC office and don't quite know what to do about the eployment letter. What job description should I write down? In normal cases, people are trying to keep their job descriptions as close to their Labor Certification descriptions as possible, since that what they clamed then they would be doing. Eb1, however, rests on the idea of being special and advanced. Should a job description be different from the one on H-1B?

I would really appreciate if anyone can shed the light on this one.

Eb1 concurrent in VSC
I-140/I-485/EAD filed on 08/24/2004
EAD approved on 09/17/2004 renewd after a year

Interview apppointment after two fransfers back and forth from the main office to local: 08/xx/2006


Registered Users (C)
I think for EB1 category, you don't even need an employment letter.
I am confused when you mentioned about Labor Certificate, which is not needed for this category :confused:


Registered Users (C)
Perhaps they want to do employment verification which you probably had mentioned in your I-140 petition. Does your proposed job requires people with extraordinary ability or have you had abandoned the job to do something else that has nothing to do with your I-140. This is going to be less rigorous than NIW or EB2 petitions.


Registered Users (C)
Yeah, you are correct, you are not required to have an employment letter. But EB1 EA should preferable show all sorts of offers from perspective employers. Basically to show the demand.
And yes, I sort of confused you a little with that Labor Certification. All I mean to say is the description of "such and such" position as usually described in LC manual.
You bring up a good point. Maybe I shouldn't be worrying about this so much.
Thanks for taking the time to write!


Registered Users (C)
2006gc, I am still working with the same company. And you are right, I guess I am talking about employement verification letter. Thanks! Here is the term.
So would you say I should keep my job description not deviating too much from the original when filed, or should I write a detailed one reflecting my new responsibilities. My I-140 has been pending for two years, so many things have changed. I know when applying in any other category, you sort of have to keep the same job description since you applied for that specific position. I was thinking maybe in my case my employment verification should have new description reflecting new responsibilities.


Registered Users (C)
As stated in http://www.uscis.gov/graphics/servi...final110303.pdf,

Strictly speaking, the alien of extraordinary ability need not be seeking “employment” in the United States. The alien must, however, be coming to the U.S. to continue to work in the area of the alien’s extraordinary ability. Thus, the alien must present employment offers, prearranged commitments, arrangements to engage in self-employment, or other evidence showing that the alien will continue to work in the area of the alien’s extraordinary ability."

As stated in 204.5(h)(5) of 8 CFR, http://www.uscis.gov/lpBin/lpext.dl...mplates&fn=document-frame.htm#slb-8cfrsec2045,

"No offer of employment required. Neither an offer for employment in the United States nor a labor certification is required for this classification; however, the petition must be accompanied by clear evidence that the alien is coming to the United States to continue work in the area of expertise. Such evidence may include letter(s) from prospective employer(s), evidence of prearranged commitments such as contracts, or a statement from the beneficiary detailing plans on how he or she intends to continue his or her work in the United States."

Let's stick to the law and avoid overcomplicating things with personal opinions sometimes spoken out of fear; this whole AOS procedure is already scary as it is... The EB-1 EA category is achievement based. Don't worry about employment letter as long as you can prove that you intend to continue working in your field. It's probably a good idea to keep your story consistent with what your I-140 petition claims, but don't sweat it too much.

Good luck! Please let us know how your interview goes!!! :)
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Registered Users (C)
what documents are required as proofs?


One of my friend has not started a GC application yet. He has Websphere skills which are very hot this days and also he does command high salary in US. Can anyone let me know what documents he will really need to accumulate to prove his situation. I am not saying the criterias but the various documents that need to be submitted.