Getting a Request for Evidence on an EB-2 National Interest Waiver petition can feel discouraging, but it is often a second chance to clarify or strengthen your case. One of the most effective tools in this situation is the independent recommendation letter, especially when USCIS questions national importance or whether the petitioner is well positioned to advance their proposed endeavor.
What Makes a Letter “Independent”
An independent letter is not written by a supervisor, co-author, or close collaborator. It is written by someone in the same field who knows the petitioner’s work through its public impact, such as a citation, implementation, or industry recognition. These letters are often seen as more credible because they come from experts who have no personal stake in the petition.
How Strong Letters Helped Turn a Case Around
In one of our recent cases, a statistician received an RFE questioning whether their work had broader relevance outside their organization. Their original petition included letters from colleagues. For the response, we added letters from experts who reviewed their published methods. The recommender described the method’s effect in the industry and noted its relevance to ongoing treatments. That outside perspective helped validate our client’s contributions, and the case was approved shortly afterward.
How to Request an Independent Letter
Reaching out to someone you do not know personally may feel awkward, but it is both common and effective. Most petitioners send a short, respectful message explaining that they are applying for a green card through the NIW process and that USCIS places value on expert input from outside collaborators. If the expert agrees, your attorney can draft the letter based on publicly available information about the recommender and your work. The recommender then reviews it and signs if they are comfortable. In most cases, minor edits are not even needed.
What the Letter Should Say
Because the recommender is not describing your work habits or personal background, the focus is entirely on the technical impact of your work. The letter does not need to be exaggerated or dramatic. It simply needs to show that a qualified expert understands your work and believes it has influenced the field. That is far more persuasive to USCIS than if you or your attorney made the same claims directly.
Independent Letters Are Often the Missing Piece
In many RFE cases, the question is not whether the petitioner is qualified, but whether their work is understood to matter beyond their employer. Independent recommendation letters help answer that question clearly and credibly. Even one strong letter from the right expert can shift the tone of a case and make the difference between denial and approval.
Disclaimer: This case summary is provided for informational purposes only and should not be taken as a guarantee of future results. Every case is unique, and past approvals do not guarantee success in any particular case. If you are considering an NIW petition, we encourage you to seek a professional evaluation of your specific qualifications.
Thath Kim II
US Attorney
Licensed in Oregon
11F 1108, Seocho-daero 77gil 17, Seocho-gu, Seoul, Republic of Korea 06614