Impact of USCIS policy manual changes on immigration recommendation letter
On January 15th, 2025, the USCIS issued policy clarifications that have sparked debate within the EB2 NIW community. These updates primarily reinforce what was previously inferred from Requests for Evidence (RFEs) and Administrative Appeals Office (AAO) decisions, rather than making sweeping changes to the EB2 NIW process. While many agree that the revised language codifies existing practices, the subtle intricacies of these updates deserve close attention. In this blog article, we will explore those nuanced yet impactful details that could influence the success of your petition, particularly in the context of an expert opinion letter. There are some voices claiming that USCIS may be shifting its approach to place greater emphasis on an immigration recommendation letter from a closely related person rather than a traditional expert opinion letter moving forward.
Below we share insights drawn from our experience serving nearly 250 petitioners and conducting a thorough analysis of AAO decisions, which informed the development of our AI model for drafting EB2 NIW petition letters tailored to USCIS standards. That said, we want you to be aware that Self Petition USA is not a law firm, and while these insights aim to be helpful, you may wish to consult a qualified immigration attorney to better understand how the changes might affect your individual case.
Clarifying the terminology
Before delving further, it’s important to clarify the different types of letters commonly included in NIW petitions:
- Reference Letter: Neutral evaluation of skills and character, which may come from an individual within or outside the petitioner’s company. An external letter from an individual without a direct relationship to the petitioner is often referred to as an expert opinion letter.
- Expert Opinion Letter: Objective assessment provided by an independent expert who has no personal or professional connection to the petitioner.
- Recommendation Letter: Explicit endorsement, typically written by someone closely connected to the petitioner, such as a manager or colleague.
Each type of EB2 NIW immigration letter carries a varying degree of subjectivity, and understanding their distinctions can help in presenting a well-rounded petition.
Our approach to drafting immigration letters
Based on our analysis of AAO decisions—which provide valuable insights into USCIS policy manual reasoning when evaluating appeals—we emphasize the importance of immigration letters that demonstrate specificity and objectivity. AAO decisions often highlight key evidence that was either persuasive or deemed insufficient, allowing us to identify patterns and develop best practices for immigration letters that we used to train our model to draft EB2 NIW petitions.
Through this analysis, we have observed that USCIS tends to favor unbiased opinions, which is why we generally advise against relying solely on immigration recommendation letters, such as those authored by a direct line manager endorsing the petitioner.
Instead, we focus on reference letters and expert opinion letters that present:
- A mix of authors, including senior professionals from within your organization (preferably two to three levels above your grade or from different divisions) and independent external experts.
- Specific details about the petitioner’s achievements and their alignment with the proposed endeavor, avoiding the generalized statements that many EB2 NIW petitioners submit.
While obtaining EB2 NIW immigration letters from within your company is typically more straightforward, incorporating perspectives from external experts significantly enhances the objectivity and credibility of your evidence package. This approach demonstrates that endeavor’s impact extends beyond your immediate employer, which is particularly compelling when addressing USCIS’s criteria for national importance and broader industry influence.
Addressing differing interpretations
After the clarifications to USCIS policy manual were published on January 15th, 2025, we encountered individuals (including some attorneys) claiming that an expert opinion letter has become obsolete. This conclusion appears to be based on the following statement included under prong 2 USCIS policy manual discussion:
“Letters may be persuasive when they are from experts in the person’s field who have first-hand knowledge of the person’s achievements, describe those achievements, provide specific examples of how the person is well positioned to advance the person’s endeavor, and are supported by other independent evidence. Business plans or other similar descriptions of the person’s plans, while useful in explaining the person’s objectives, should be supported by other independent evidence.” source: uscis.gov
We respectfully disagree with this conclusion, for two reasons.
First, the cited paragraph does not suggest that an expert opinion letter is inherently flawed. Instead, the issue lies in the requirement that an immigration letter should be specific and provide examples from the petitioner’s field. From the RFEs and AAO decisions that we have reviewed, it’s clear that many expert opinion letters fail – they are almost always overly generic. This challenge arises because petitioners often struggle to provide detailed information when the authors do not know them closely. However, with proper effort, it is entirely possible to craft a specific and detailed expert opinion letter that strongly supports the petition. We have successfully demonstrated this to many of our 250+ clients.
Second, the USCIS statement explicitly applies to prong 2, which evaluates whether the petitioner is well-positioned to advance the endeavor. This prong typically focuses on confirming prior achievements. There is no indication that USCIS aimed to apply the same standard of “first-hand knowledge of the person’s achievements” universally across all prongs. In fact, an expert opinion letter that specifically discusses the broader impact of the petitioner’s endeavor on the broader field or other industries can be invaluable, particularly when addressing EB2 NIW national importance (prong 1).
By crafting an expert opinion letter that is specific, detailed, and relevant, petitioners can effectively bolster their case and demonstrate the far-reaching impact of their proposed work.
Key takeaways for petitioners
Understanding USCIS policy manual changes requires a nuanced approach, focusing on both the text and the intent behind the guidance. When reviewing RFEs or AAO decisions, USCIS has frequently expressed concerns about: immigration recommendation letters that are overly generic, and immigration letters that appear overly biased, such as those written by close colleagues or direct supervisors. It is our belief that USCIS policy manual does not intend to disqualify expert opinion letters entirely but rather encourages petitioners to focus on providing:
- Specific, example-rich immigration letter that highlights detailed achievements.
- Factual, objective evidence (e.g., awards, patents, internal reviews) that supports the claims, going beyond mere opinions included in the immigration letters.
Combining immigration letters with concrete, verifiable evidence strengthens EB2 petition, as objective evidence tends to carry the most weight in the evaluation process.
For those seeking guidance, resources such as a well-drafted NIW petition letter package can offer valuable insight into how to structure your approach. Keep in mind that each EB2 NIW petitioner’s journey is unique, and thorough, thoughtful preparation is key to achieving a successful outcome.
