Recommendation Letter from a Federal Agency

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EB1_Slamdunk

Registered Users (C)
Dear All, I've been working in a leading role at an internationally recognized Fed agency as a consultant and my employer (a contractor, but again a Fortune 100 firm) is willing to sponsor my green card under EB1. My client, a senior level exec at the Fed agency, is willing to provide me with a recommendation letter for the green card but I believe Federal employees aren't allowed to write such letters either on the agency's letterhead or on personal letterhead or on plain paper. Is it true? If so, what's an alternative/workaround - a performance evaluation form that covers everything in terms of skills/qualities that the recommendation letter would have covered? Will such a form work? Also, can it be accompanied by the author's CV? My guess is that USCIS should be familiar with the limitation of the Fed employees and might consider other acceptable means/workarounds. A senior scientist from my own company can validate what I've been doing with a strong reco letter.

Your advice is greatly appreciated.

EB1_Slamdunk
 
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My client, a senior level exec at the Fed agency, is willing to provide me with a recommendation letter for the green card but I believe Federal employees aren't allowed to write such letters either on the agency's letterhead or on personal letterhead or on plain paper. Is it true?

Yes it is true. A federal employee can't write a recommendation letter for GC to another federal agency, by law. But, they can write a letter about skills, and achievements and the project done at federal lab. There are some words that the federal employee not supposed to use in the letter. The words like 'national interest'. Again this limitation is only for GC recomme letter, to my best of knowledge. But they can use their letter head. The best would be, the employee should talk to the counsel agent at the institute about the words that cannot use in the recommendation letter.
(I am not a lwayer. These information are based on my experience)
Also, can it be accompanied by the author's CV?
Not neccessary
 
I got about 10 letters from federal agencies such as USEPA, USDA, and USFDA for my case. Only one of the references told me he is not going to use letterhead based on the policy. Rest of them did not care and used official letterhead from their agencies. The letters were extremely strong with tons of references to "national interest". Only one person used the following sentences in his letter to make sure that his agency doesnt have anything to do with my case:

"Please note that my following observations are in accordance with my own personal opinion and public knowledge of government requirements and regulations and should not in any way be interpreted as an official government recommendation or endorsement."
 
Apparently, after March 2005, getting such letters is unlawful:

A criminal statute, 18 USC § 205, prohibits a federal employee from making representations on behalf of another before or to a federal entity (except in relation to federal employment).

EB1_Slamdunk
 
EB1_Slamdunk said:
Apparently, after March 2005, getting such letters is unlawful:

A criminal statute, 18 USC § 205, prohibits a federal employee from making representations on behalf of another before or to a federal entity (except in relation to federal employment).

EB1_Slamdunk
Click to expand...

thats new information
thanks!
 
I think insttead of getting letter unlawful........writting such letter should be unlawful....



EB1_Slamdunk said:
Apparently, after March 2005, getting such letters is unlawful:

A criminal statute, 18 USC § 205, prohibits a federal employee from making representations on behalf of another before or to a federal entity (except in relation to federal employment).

EB1_Slamdunk
Click to expand...
 
Inspite of such law.. many are willing to write letters... How does representation really equate with writting recommendation letter? I think the way out of this law is not addresssing the letter directly to USCIS (federal agency) ...rather just addressing it to TO WHOMSOEVER IT MAY CONCERN....
 
EB1_Slamdunk said:
Apparently, after March 2005, getting such letters is unlawful:

A criminal statute, 18 USC § 205, prohibits a federal employee from making representations on behalf of another before or to a federal entity (except in relation to federal employment).

EB1_Slamdunk
Click to expand...

EB1_Slamdunk is referring to this letter which was issued on March 2005 in NIH
http://ethics.od.nih.gov/topics/visa-ltr.htm

I googled this information. It is incorrect to say that this became a law on March 2005. This law existed prior to March 2005 (I am pretty sure for a long time).

It is just that in March 2005 NIH decided to interpret this law such that it disallows NIH employees to write a recommendation letter to USCIS supporting a green card application

If this interpretation of the law is enacted upon then there will be thousands of GC recommendation letters before or after March 2005 which would have violated this law. I doubt this will be the case.

It seems to me that NIH is desisting its emplyees to write such letters

This is my opinion. What do you guys think?
 
Certainly all NIH guys have received such instrucstios for not writting the letters... the clever one find out ways by not addressing USCIS directly in the letter and not asking direclty in letter to approve a case.. jsut saying that XTZ's contribution is important and how it influences there own work... blah.. blah..
 
NIW-Nov 04 said:
Inspite of such law.. many are willing to write letters... How does representation really equate with writting recommendation letter? I think the way out of this law is not addresssing the letter directly to USCIS (federal agency) ...rather just addressing it to TO WHOMSOEVER IT MAY CONCERN....
Click to expand...

personally i will not encourage this idea on enjoying loophole!!
 
Thank you all. A workaround is to get performance evaluations that wouldn't say anything about green card or recommendation. It's not ideal and as strong as a recommendation letter but breaking the law, even inadvertently, doesn't serve anyone well - it's fraught with risk not worth taking. Moreover, letters from other individuals can validate your work done at a Federal agency.

EB1_Slamdunk
 
Even though you don't encourage ..... many recent RFE's from USCIS have directly asked NIW and EB1 candidates to get strog recommendation letters in your field who are from NIH (Govt. federal employess)... This is not about enjoying loophole.. this is about making both ends meet...

reddoc said:
personally i will not encourage this idea on enjoying loophole!!
Click to expand...
 
Yes, eb1doc, you are right. NIH does not want to get into trouble by writing recem. letters for GC.
 
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