Experience Letters for I-140 petitions

What are the I-140 experience letters?

EB-2 and EB-3 I-140 petitions require proof that the beneficiary possesses the minimum qualifications stated on the Labor Certification Application. The beneficiary must provide evidence that the beneficiary satisfies the experience requirements listed on the Labor Condition Application. As supporting evidence, the beneficiary must submit experience letters. Below is a ten-point guide to obtaining letters accepted by USCIS.

1. The experience letter(s) must be from a former employer with firsthand knowledge of the beneficiary’s tenure with the former employer (ex: former manager);
2. The experience letters should be on company letterhead. If the former manager is no longer with the company (ex: the manager has retired or changed jobs), the experience letter can be off letterhead. However, the beneficiary should obtain a letter from HR attesting that both the manager and the beneficiary have worked for that company during the period listed on the Labor Certification Application.
3. The experience letter must include the author’s name, address, and job title. The author must list the period during which the author held the position and supervised the beneficiary.
4. The author must state that the author while managing the employee, had personal knowledge of the job duties performed by the employee and the skills used in performing those duties.
5. The experience letter needs to list a specific description of the duties performed by the beneficiary.
6. The experience letter needs to list the skills learned. The letters must mirror the skills listed on the Labor Certification, making it straightforward for the USCIS examiner. (ex: if the Labor certification Application lists C++, the letter must state “gained knowledge of C++”).
7. Each experience letter does not need to list all the skills. However, all skills need to appear across the letters.
8. The letter(s) must state whether the work was full-time or part-time. If part-time, it must state the hours worked per week.
9. The letter(s) must state the beginning date mm/dd/yyyy and end date of the beneficiary’s employment. If the author was the beneficiary’s supervisor for a shorter period, the author should state the period that the beneficiary was supervised by the author.
10. The letter(s) must be signed by the author. USCIS does not accept e-signatures. USCIS will accept copies of the original signature.
11. Approach prior employers and ask for the letters after the employer develops the final language and before the employer files for the Prevailing Wage determination. If the prior employer is unwilling to provide letters, notify the petitioning company immediately.