Experience Letter Help for I-140

FREQUENTLY ASKED QUESTIONS (FAQ)

REGARDING EXPERIENCE LETTERS

Q. When do I need to produce experience letters?

A. Experience letters are required at the I-140, Immigration Petition for Alien Worker, stage.  They are not required by the Department of Labor at the PERM stage however if you are not sure that you will able to obtain the necessary experience letters, it may be wise to delay the filing of your PERM case until you are able to do so.

 

Q. Must I have experience letters from all of my prior employers?

A. No.  You will only need experience letters to prove the overall years of experience and necessary skills required in your PERM application.  For example, if you have ten years of experience as an IT professional but, your PERM application only requires five years of experience, you only need to prove five years of experience.

 

Q. Is there any particular format required for an experience letter?

 A.  The USCIS does not dictate the format of an experience letter however it must include the following:  1)  Dates of employment; 2)  Full time or Part time;  3) The job designation, job title or otherwise a job description; and 4)  any specific technical skills that your PERM application is requiring. 

 

Q. Can a colleague provide an experience letter?

A.  Generally the USCIS will not accept colleague letters however if a prior company is no longer in business or they refuse, a colleague affidavit may be a portion of the evidence submitted

 

Q. Can I do an affidavit?

 A.  The USCIS will generally not accept self-serving affidavits to prove experience however in the event of a prior employer that is no longer in business, an affidavit may be a portion of the evidence submitted.

 

Q. Will a “leaving letter” be acceptable?

 A. Yes, if it contains the information described in FAQ #3 above.