EB-1 and EB-2 Expert Opinion Letters

Expert Opinion Letters (EOL)s for EB visa petitions

An Expert Opinion Letter (EOL) from ProfVal can represent an essential document that provides evidence of your extraordinary (EB-1) or exceptional (EB-2) ability in relation to your planned endeavor. In the case of an EB-2 NIW, an expert or experts will also provide an in-depth discussion related to how your endeavor aligns with the national interests of the United States.

In either type of Expert Opinion Letter, a distinguished expert within a field relevant to your background will deliver a highly customized and detailed letter that discusses your background in relation to the requirements of the visa you are applying for.

                    FUN FACT                    

The EB visa category was introduced as part of the

bipartisan Immigration Act of 1990. Its signors understood

that the U.S. becomes more successful when talented people make 

contributions here.

_________

What does an EB-1 or EB-2 Expert Opinion Letter focus on?

EB-1 Expert Opinion Letter

To qualify for an EB-1 visa, the petitioner must provide evidence that she or he is a person of extraordinary ability within the sciences, arts, education, business, or athletics and plan an endeavor within an area relevant to that discipline. You can learn more about some of the types of achievements that would and would not meet stringent requirements of the EB-1 in our whitepaper on this topic.

Based on these requirements, an expert or experts from ProfVal would provide a highly detailed interpretation of your endeavor based on USCIS criteria. In brief, the expert will provide an assessment of evidence including: national or internationally-recognized awards, membership in exclusive associations, materials that have been published about you, your research contributions (books, articles, or other publications), and other documents that fit with the criteria considered by the USCIS.

EB-2 Expert Opinion Letter

One can qualify for an EB-2 visa based their advanced degree (or the foreign equivalent of a U.S. degree) or the demonstration of exceptional ability. Although representative of highly impressive credentials, exceptional ability requires a less stringent criteria than extraordinary ability. This is why the EB-1 is often referred to as “first-preference” whilst the EB-2 may be referred to as “second-preference”.

While the EB-2 visa petition can either be for a person with a job offer or for an individual who is self-petitioning. When combined with a job offer, an EB-2 Expert Opinion Letter will be typically be used as evidence exclusively to demonstrate exceptional ability based on factors such as: educational attainment, progressive work experience, the importance of certifications or licensure, recognition for your achievements, and other evidence.

 

Most of ProfVal’s clients self-petition and apply for a National Interest Waiver (NIW), which means that they are seeking to have a labor certification waived because it is in the best interest of the United States to do so. To self-petition without a job offer, one must meet the three criteria related to national interest: “the endeavor has both substantial merit and national importance, you are well positioned to advance the proposed endeavor, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification” (USCIS).

 

The interpretation of these criteria are aligned to Dhanasar (2016), an important legal case that provided the USCIS with guidance in terms of how national interest can be determined.

 

Accordingly, an EB-2 NIW Expert Opinion Letter focuses on both a petitioner’s exceptional ability and, more importantly, how their endeavor meets the criteria for national interest.

Other EB Letters

If you have other EB visa needs, please contact us to determine whether we can provide assistance to you.

Learn about the EB class of visas

Our research blog can help you learn the EB basics

admin@profval.com / contact page / 800.348.0086 / copyright 2019, 2020 Profval LLC 

linkedin follow.png