Question about NIW

Silly Man

Volunteer moderator
Okay I am befuzzled about this.

One of my co-workers recently asked me to provide her with a recommendation letter that would support her case for NIW (National Interest Waiver).

She has tried this approach before and has gotten a denial. INS's response looked like as below -

“Labor certification would be adverse to the national interest:

The record does not satisfactorily establish that you are more capable than others with similar technical qualifications of education and experience. Therefore, the record does not establish that you will serve the national interest to a substantially greater degree than would an available United States worker having the same minimum qualifications.

While the record contains letters of recommendation, these letters are mostly from past and present co-workers or superiors. The record does not contain letters of recommendation from impartial experts in your field who are well outside your own circle of collaborators and superiors and who attest to your significant impact in your field.

While the national interest waiver hinges on prospective benefit, it must be clearly established that the beneficiary's past record justifies projections of future benefit to the nation.”

She is really keen to try twice because otherwise she would be stuck in the EB3 category, which I understand takes awfully long these days to process (labor atleast).

Now I am kind of her co-worker (She is a team member of one of my peer's teams). As per her a letter from me would help her case because (as per her) I have above average background. I am not a Phd or anything, just well recognized in my field of work, thats all.

My question - Does a letter of this kind put me in any kind of jeopardy? Should I give this letter to her? What kind of questions may INS ask of me if I were to give such a letter?

Thank you for your help.

PS: If this is not the right forum to post this in, kindly guide me to the right forum.
 
Thanks NIW-Nov .. yes so it seems. She is a regular computer programmer on H1b, so it was my suspection that NIW wouldn't work for her anyway. Isn't NIW reserved for people like Steffi Graf etc? I mean, no offence to this lady who works with me, but INS seems to categorize computer engineers as EB*.*.

Thanks for your insight though.

Now, I bet she will still insist that I write her a letter. I know my letter is not going to help her. Will that letter have any other reprecussions?
 
Honestly her techie skills aren't that great :-/. I feel a bit unethical writing that letter (being perfectly honest). She is a nice person - that I am convinced of, but I went through the immigration process myself (not NIW), and I feel by putting her ahead of somebody else, I would be denying some other person who might be more deserving than her.

I am inclined towards not writing that letter - as it is, I feel my letter won't help her. At the very least I shouldn't abet what I feel is wrong.
 
NIW-Nov 04 said:
Always follow your instinct and let her know very clearly of your descision. Time is very precious for all.

I agree with NIW-Nov 04. Never write a letter when you are not comfortable doing so. I have never heard of the USCIS contacting a reference but that doesn't overide the ethical obligation one has to telling the truth, especially to a government agency.

Brian
 
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