Are Recommendation Letters Required for EB-2 NIW? What NIW Applicants Should Know About Letters and Law Firm Filing Strategies

One of the most common questions EB-2 National Interest Waiver applicants ask is whether recommendation or support letters are required for approval. The short answer is no. USCIS does not require recommendation letters for EB-2 NIW petitions.

However, whether NIW letters are helpful, and when they should be included, depends heavily on the applicant’s profile and the filing strategy adopted by the law firm preparing the case.

This article explains whether recommendation letters are required for EB-2 NIW, when they may be helpful, and how filing strategies differ between Ellis Porter and North America Immigration Law Group, also known as Chen Immigration Law Associates (website: WeGreened.com).

Are Recommendation Letters Required for EB-2 NIW?

There is no statute, regulation, or USCIS policy that requires recommendation letters for an EB-2 NIW petition.

USCIS adjudicates NIW cases under the three-prong framework established in Matter of Dhanasar:

• The proposed endeavor has substantial merit and national importance
• The applicant is well positioned to advance the proposed endeavor
• On balance, it would benefit the United States to waive the job offer and labor certification requirements

Each prong may be supported through objective evidence such as publications, citation records, patents, grants, employment history, or other verifiable accomplishments.

Recommendation letters are optional and discretionary, not mandatory. Many EB-2 NIW petitions are approved without any recommendation letters at all.

When Are NIW Recommendation Letters Helpful?

Although not required, recommendation letters can be helpful in certain types of NIW cases.

Letters may strengthen a petition when:

• The applicant’s work is highly specialized or interdisciplinary National importance is not readily apparent from publication metrics alone
• The applicant has a shorter publication or citation history Expert context is needed to explain downstream impact, implementation, or policy relevance

At the same time, recommendation letters are not universally beneficial. USCIS generally places greater weight on objective evidence than on testimonial opinions. Letters that are repetitive, generic, or conclusory may add limited value.

Because letters are optional, immigration law firms differ significantly in how they approach them.

Ellis Porter Filing Strategy for NIW Recommendation Letters

Ellis Porter generally follows a standardized filing strategy that excludes recommendation or support letters from the initial I-140 petition.

Under this approach:

The case relies primarily on a short legal brief and credential-based documentation, such as the applicant’s CV, publications, and objective records

Recommendation or testimonial letters are typically introduced only at the Request for Evidence stage, if USCIS explicitly asks for additional support Clients do not choose the number of letters included in the initial filing, and the same approach is applied across cases.

Supporters of this method argue that excluding testimonial evidence at the outset avoids unnecessary letters and keeps filings streamlined. Critics note that this strategy offers limited flexibility for applicants whose cases could benefit from expert context earlier in the adjudication process. In the current immigration environment, introducing recommendation letters only after an RFE may increase the likelihood of receiving an RFE in the first place and may, in some cases, elevate the risk of denial if USCIS remains unconvinced after a single additional review.

Notably, publicly available employee reviews on Ellis Porter’s Glassdoor page and recurring comments on Reddit reference a high volume of RFEs across cases. While such sources do not establish causation, they are consistent with applicant concerns that a uniform no-letters initial filing strategy may lead to more frequent requests for additional evidence, particularly under current USCIS adjudication practices.

Chen Immigration and WeGreened Filing Strategy for NIW Recommendation Letters

North America Immigration Law Group, also known as Chen Immigration Law Associates and WeGreened, allows client choice and flexibility regarding recommendation letters in the initial EB-2 NIW filing.

Clients may choose to file:

• Without any support letters
• With two support letters
• With four support letters

Clients are permitted to change this selection before drafting begins, without signing a new agreement. If USCIS later issues a Request for Evidence or Notice of Intent to Deny, Chen prepares additional support letters at no extra attorney fee.

This approach allows applicants to tailor their evidence strategy based on profile strength, risk tolerance, and individual circumstances.

Side-by-Side Comparison of NIW Letter Strategies

(1) Are Letters Required?

• Ellis Porter: No
• Chen Immigration / WeGreened: No

(2) Initial Filing Letters

• Ellis Porter: No letters by default
• Chen Immigration / WeGreened: Client choice

(3) Options for Number of Letters

• Ellis Porter: Not offered
• Chen Immigration / WeGreened: 0, 2, or 4

(4) Ability to Change Strategy

• Ellis Porter: Limited
• Chen Immigration / WeGreened: Flexible before drafting

(5) Letters Prepared at RFE Stage

• Ellis Porter: Yes
• Chen Immigration / WeGreened: Yes

(6) Evidence Philosophy

• Ellis Porter: Standardized
• Chen Immigration / WeGreened: Customizable

How EB-2 NIW Applicants Should Think About Recommendation Letters

There is no single correct approach to recommendation letters. Filing without letters may work well for applicants with strong objective records and clearly articulated national impact. Including letters may strengthen cases that benefit from expert explanation or contextual framing.

The key takeaway is that recommendation letters are a strategic choice, not a USCIS requirement. Applicants should understand:

• Whether they have a choice regarding letters
• How that choice is reflected in the retainer agreement
• Whether the firm’s default strategy aligns with their individual profile.

Related Reading on EB-2 NIW Contracts

Evidence strategy is only one part of selecting an EB-2 NIW law firm. Contract terms, particularly refund provisions, can be equally important.

For a detailed comparison of EB-2 NIW refund guarantees and how contract language can affect applicant rights, see:

*EB-2 NIW “Approve or Refund” Explained: What Ellis Porter and Chen Immigration Contracts Actually Say*

Frequently Asked Questions About EB-2 NIW Recommendation Letters

Q: Are recommendation letters required for EB-2 NIW? A: No. USCIS does not require recommendation letters for EB-2 NIW petitions.

Q: Are NIW recommendation letters helpful? A: They can be helpful in some cases, particularly when expert context is needed to explain national importance or impact.

Q: Is filing without letters risky? A: Not necessarily. Applicants with strong objective evidence may succeed without letters, though strategy matters.

Q: Can I choose whether to include letters? A: That depends on the law firm. Some firms allow clients to choose how many letters to include, while others apply a uniform approach.

Q: Will USCIS ask for letters later? A: Possibly. USCIS may issue a Request for Evidence if it believes additional expert support is needed.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Immigration outcomes vary by case. Applicants should review contracts carefully and consult qualified counsel before signing.