Required supporting documents: Experience letters

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For more than the past year, the USCIS has been requiring strict adherence to their regulatory requirements concerning certain types of supporting documents. We expect this practice to continue and expand to encompass all types of required supporting evidence. This article is the first in a series dealing with the technical requirements for supporting documents filed in connection with immigration petitions and application. This initial article deals with experience letters.

For purposes of verifying experience required in connection with an I-140 employment based immigrant petition, the USCIS has set forth standards at 8 CFR Section 204.5(g)(1). That section provides in relevant part:

“Evidence relating to qualifying experience or training shall be in the form of letter(s) from current or former employer(s) or trainer(s) and shall include the name, address, and title of the writer, and a specific description of the duties performed by the alien or of the training received. If such evidence is unavailable, other documentation relating to the alien's experience or training will be considered.”

Let’s break this down. An acceptable letter is one that is:

1. From a current or former employer or trainer; and,
2. Includes the name, address, and title of the writer; and,
3. Includes a specific description of the duties performed by the alien or of the training received.

All of these elements must be present for the letter to be acceptable as evidence of the individual’s experience or training. If any element is missing, the USCIS can and most likely will reject the letter and conclude that the petitioner failed to establish that the employee has the required experience or training.

Let’s examine each element a bit closer. The letter must be from a “current or former employer or trainer.” This means that the person writing the letter must be someone who has actual knowledge of the facts. It is acceptable for the writer of the letter to be someone who supervised or trained the individual directly, or who has examined the official books and records of the company and is able to report on the basis of that official information. Second hand accounts are not generally acceptable.

The letter must include the name, address, and title of the writer. This is required in case the USCIS wishes to verify the letter independently. Also, if the writer is still with the organization that provided the employment or training, this information adds credibility to the letter.

Finally, the letter must provide a “specific description of the duties performed” or the training received. Inclusion of a simple job title is not sufficient. The letter must specify the details of the individual’s job or training.

In the past, the USCIS has accepted summary conclusions. We expect, however, that they are going to begin requiring more detailed letters that conform to the specific regulatory requirements. We believe that it is a sound practice to acquire all required experience letters as early in the immigration process as possible. Do not assume that you will be able to get a letter a year or two from now. Also, since these letters verify work already done, they do not “expire.” That is, a letter written in 2009 verifying work done in 2007 does not have to be re-written later if the individual wants to use it in 2011. If anything, letters written closer in time to the events described are more credible.