Experience Letters for PERM or I-140 Petitions
An experience letter is mandatory in the PERM or I-140 petition process to prove an employee’s qualifications and professional background. Here’s a breakdown of the elements to include in an experience letter and its significant role in supporting the petition.
Components of an Effective Experience Letter
- Signatory Authority: The experience letter should be signed by someone with direct knowledge of the employee’s work, such as a supervisor or HR manager. It must include the signatory’s full name, position, contact information, and a professional signature. The document should be on the company’s official letterhead to provide authenticity.
- Position and Employment Type: Detail the specific job title held by the employee and whether the position was full-time or part-time. Include total weekly working hours to show the employment scope clearly.
- Dates of Employment: Clearly state the start and end dates of employment. These dates are critical for the U.S. Citizenship and Immigration Services (USCIS) to assess the duration and relevancy of the experience related to the job position being applied for.
- Detailed Job Responsibilities and Skills: Provide a comprehensive description of the job duties and skills developed during the tenure at the company. It’s crucial to align these details with the job requirements listed on the ETA 9089 form, as this information directly supports the petition.
The Importance of Detailed Job Duties
The experience letter must outline the duties performed and skills acquired as indicated in the recruitment process. USCIS compares this information against the requirements on the ETA 9089 form to determine eligibility. Thus, a well-documented experience letter can be pivotal in avoiding delays or denials.
Who Should Issue the Experience Letter?
Ideally, the experience letter should be issued by the employee’s former employer. However, if this is not feasible, letters from direct supervisors or HR representatives familiar with the employee’s role are acceptable alternatives. Supporting statements from colleagues can also supplement the primary experience letter, providing further evidence of the employee’s capabilities.
Conclusion
A well-crafted experience letter is a procedural necessity and a strategic element in ensuring a successful outcome for PERM or I-140 petitions. By focusing on the details and relevance of the professional experience, applicants can significantly enhance their chances of approval.
Additional Outside Resources
- USCIS: Form I-140 Petition for foreign worker
- USDOL: Permanent Labor Certification