NIW推薦信的注意事項

By: Beth Robertie, Associate 在移民申請中，申請人在準備其申請時一定要了解有關的審核要求與標準。而對於National Interest Waiver (NIW) 的申請，其推薦信的準備對整個申請過程的順利與否十分重要，因此申請人必須了解移民官對NIW推薦信的審核標準。以下是我們對推薦信準備的一些意見，以供大家參考： There are many challenges involved in assembling immigrant petitions, especially petitions with a request for a National Interest Waiver (NIW). One of the most vexing parts of assembling a successful NIW package is getting good letters of recommendation. As practitioners, we know that the letters are hard to compose, and even harder to compose well. The reward for the time-consuming process of perfecting these letters, however, is substantial. The challenge of getting good letters is the result of many factors. Recommenders are busy people, and often do not have the time or inclination to labor over the letters for hours. Alien beneficiaries are often confused as to what exactly the letters should say, and struggle with language problems when trying to help their writers put together a letter. Finally, there is a fine line between accurately depicting the eminence and importance of the applicant, and overstating that eminence and importance to the point where the USCIS questions the honesty or sincerity of the letter. Here are some tips to use and a few stumbling blocks to avoid when composing your letters of recommendation: 1. Speak clearly, and in language the adjudicators can understand. Even though your field may be very technical and complicated, keep in mind that neither the adjudicators nor your attorney necessarily has a science background. They likely do not have the ability to understand the hyper-technical industry jargon that may best describe what you do and why it is important, so be sure to include a plain-language summary of each paragraph of your letters. It may seem overly simple, but if the USCIS doesn’t understand what you do, then your petition will likely fail, no matter how important your work is. 2. Mean what you say. Do not say that you discovered a compound if, in fact, you discovered new uses for that compound. Make sure your letters are clear about what you have done, and do not include something that you have not. If your attorney misstates something in their cover letter, be sure to correct it. 3. Get letters from a variety of sources, not just the single area where you have worked. Letters from one school, or even one part of one state, are not sufficient to establish a global reputation. If you would like to claim to have a global or international reputation, which can go a long way in establishing your impact on the field, you need to substantiate that reputation. If you can only find letter writers from your school or your company or even your area, wait a while to file your petition, and work on developing contacts in other areas who might be willing to write a letter of support for you. 4. Do not include grandiose claims of reputation or excellence that you cannot substantiate. Your impact need not be “global” or “revolutionary” to qualify for the national interest waiver, but if you submit such grandiose claims, your credibility suffers if you cannot substantiate them. 5. If your letters indicate that your continued presence is crucial at a given institution, either stay in that position or get new letters. A change of employment is not disqualifying in and of itself, but such a change neutralizes the argument that the petitioner is crucial at his or her position. 6. If you are writing your own letters in order to assist your letter writers, vary the wording. This is very important. It is likely, or at least possible, that a single adjudicator is going to sit down and read all of your letters at one time. If the wording is the same, even in one small part of the letter, they are going to notice. Of course, it is a challenge to write six or seven or eight letters about the same thing and not use the same words. However, if you want your letters to sound genuine and authentic to the adjudicator, the wording must be different. 7. If one of your letter writers is independent and does not know you personally, make sure they state that in the letter. This is simple enough, but if the USCIS does not read it in the letter, merely telling them that the writer is an independent expert is ineffective. 8. Keep in mind that your filing date is the cut-off for evidence. Even if you receive an RFE (Request For Evidence) months after filing your NIW petition, anything that happened after the filing date of your original petition is irrelevant. Your burden is to establish your eligibility for an NIW as of your filing date, and any number of citations, awards, publications, or discoveries that are subsequent to your filing date cannot be considered for the purpose of that petition. It is important to keep in mind that, in the view of the USCIS, not every person qualified to engage in a profession in the United States should be exempt from the requirement of a job offer based on national interest. It was the intent of Congress to grant national interest waivers on the merits of the individual alien, not on the basis of the overall importance of a given profession. It is up to you to show, through your letters, that you merit such a waiver based on your own skills and accomplishments. 本文由範毅禹律師事務所提供 本律師事務所精辦各類勞工應聘及專業移民申請 (包括H-1，L-1，EB-1，EB-2，NIW，勞工卡，綠卡等申請)。所有申請由多位美籍律師及擁有15年經驗的範毅禹律師親自處理，我所並特設中英移民網站。內有最新移民新聞資訊及由律師主持的移民問答集，歡迎讀者流覽查詢。 www.fan-law.com (Chinese) www.fanuslaw.com (English) CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm St., Pasadena , CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone]