The EB-2 NIW Cover Letter: What is it, and why do you need one?

Under the Employment-Based Immigration: Second Preference (EB-2), the United States government can waive the need for a long-term job offer for a petitioner to acquire a green card. However, to acquire this waiver, called the National Interest Waiver, the petitioner should prove that their endeavor is of substantial merit and national importance, and that they are uniquely situated to advance this endeavor within the U.S.

 

Thus, a petitioner should provide evidence that they fulfill the requirements of the EB-2 VISA, and write a cover letter to guide the USCIS case officer through all the pertinent documentation that supports their case for the national interest waiver. These documents, called exhibits, are typically enclosed in the petition and alluded to in the cover letter. Therefore, it is imperative that the cover letter provides a compelling narrative to support the petitioner’s case of the national interest waiver by:

 

1. Being concise and easy to read and understand without necessarily being an expert in the field.
2. Referencing all the important exhibits
3. Highlighting the most important aspects of the petitioner’s endeavor or background that support their case.
4. Conforming to the requirements of the USCIS for easy review.Our experts can provide you with the EB-2 NIW cover letter writing services and editing help you need to meet the above requirements. Contact us, we are ready to understand your needs.

Before you Write an EB-2 NIW Cover Letter

You might want to consider a few things before writing your EB-2 NIW cover letter. The first is, understandably, the case you want to make as a petitioner. We would advise that you take some time to plan out your I-140 petition and get some housekeeping out of the way, so to speak.

 

Update your CV with all your skills and experience to date. Ideally, this should help you introspect on your capabilities and determine the items that should be highlighted in the I-140 petition. You will also gain more clarity on the evidence you need to gather, and the elements that would be highlighted in your letters of recommendation. These letters are an integral part of your petition, as they provide evidence that would be difficult to collect or substantiate through any other means.

 

Additionally, consider the language that you would use in the cover letter. You could be a specialist in a highly technical field, like theoretical physics, nuclear engineering, medicine, and so forth, but regardless of how technical your field is, you need to present your achievements and endeavor in layman’s terms. The USCIS case officer may not be an expert in your technical field, yet they need to appraise your Visa application.

 

Finally, ensure that your cover letter is succinct and impactful. The USCIS case officer has limited time to go through your petition and make a highly impactful decision. Therefore, ease your own application by being concise, straight to the point, and avoiding tedious reiterations. The EB-2 NIW cover letter should be concise but well-articulated to ensure that a decision can be made relatively quickly. Therefore, you might hurt your case by making the cover letter too drawn out. The USCIS case officer could get bored, lose interest, or perceive the reiterations as fluff because you do not have the qualifications or expertise you claim. Remember that the cover letter should only signpost your evidence to allow the USCIS to understand your case clearly. Let us know how we can support you with exemplary EB-2 NIW cover letter writing services and editing help.

1. Introduction

This section serves as an epilogue to your petition, and also includes the necessary address information. Therefore, this section should be predicated by the Date, Applicable USCIS Service Center Address, the subject line, petitioner’s name, type of submission, and classification sought.

 

Thereafter, you can include a short introduction of yourself, the petitioner. Highlight that you are pursuing the Immigrant Petition for Alien Worker (I-140) as a self-petitioner or beneficiary and are writing to demonstrate your fulfillment of the EB-2 NIW requirements. Next, you can provide short paragraphs that summarize your qualifications (advanced degree or exceptional merit), justify that your proposed endeavor is of substantial merit and in the national interest, why you are well-positioned, and why it would be beneficial to waive the labor certification.

 

These paragraphs should ideally reference the corresponding section/chapter in your cover letter. Finally, you can provide a bullet list of the exhibits attached to the petition package.

 

2. Table of Contents

This is fairly straightforward. It is an index of chapters/sections with corresponding page numbers.

 

3. Advanced Degree or Exceptional Ability Section

This can be a brief chapter if you hold an advanced degree – graduate or doctoral level education. You should note the degree and institution, and reference the appropriate exhibit number. It is also advisable to briefly justify how your educational attainment relates to your proposed endeavor.

 

If you do not have an advanced degree, you should indicate that you are a person of exceptional ability and provide the reasons. Then, create subsections to address at least three categories you meet, referring to the appropriate exhibit for each. This evidence could be educational degrees, letters of recommendation, professional association membership, etc.

 

4. Substantial Merit and National Importance

In this section, you should explain your proposed endeavor in detail. You should also specify why this endeavor is of substantial merit and national importance. Please note that the USCIS does not consider a general occupation as an endeavor but rather the specifics of what this occupation entails. Substantial merit, on the other hand, is more broad and subjective but should generally mean any pursuit with intrinsic benefit. However, national importance is more restrictive. You ought to prove that the proposed endeavor is relevant to the US as a whole. You would want to demonstrate the national importance of your endeavor by referencing published documents from Congress, the White House, or government agencies, referencing how your experience situates you to further your proposed endeavor. Alternatively, you can reference scientific literature examining the problem(s) in the American context that your proposed endeavor would help solve.

 

5. I am Well Positioned to Advance the Proposed Endeavor

In this section, you should describe your achievements in detail. You should do it methodically, and consistently reference the exhibit to prove that you are well-positioned. Note that every claim demands supporting evidence. In this section, and especially if you are not currently working the U.S., you can reference a personal statement letter or business plan (if you are an entrepreneur) as an exhibit.

 

6. It would be Beneficial to the USA to Waive the Labor Certification

This section is generally shorter and provides justification as to why it would be beneficial for the U.S. to waive the labor certification. You can go about this in different and creative ways, but should generally aim to prove that:

 

• Your qualifications and achievements allude to exceptional ability, not the minimum requirements mandated by labor certification.
• You are needed in the country. Note that if you are currently working in the U.S., you can prove that your organization needs you, as finding another professional with similar expertise and contributions would be extremely difficult or impossible.
• Your exceptional ability or expertise cannot be adequately articulated in a labor certification process.
• Your business (in the case of entrepreneurs) addresses a pertinent niche in the U.S.

7. Petitioner’s non-immigrant status

This section is only relevant if you are already in the U.S. and are not applying from abroad. You can briefly outline your current status as a non-immigrant in the United States and attach pertinent documentation, like a copy of your visa, passport, I-94 approval, etc.

 

8. Petitioner’s dependents status

It is imperative to mention if you have dependents because if you are granted permanent residency through the green card, they would also be eligible for it. You can describe their non-immigrant status and reference the appropriate exhibit(s) with their documentation.

 

9. Conclusion

Summarize all the cover letter sections, thank the USCIS case officer for taking the time to review your case, and include a final call for the USCIS to consider (and hopefully approve) your petition. Sign off, and include your signature in ink – for that extra touch of formality.