Expert Opinions

Expert Opinion Letters are completed by a distinguished industry authority in order to provide an “Expert Opinion” for extraordinary ability petitions, defining a Specialty Occupation, responding to RFEs, or for any other case that requires the opinion of an expert in the field. As we are aware that each case is unique, we will attempt to modify the content of each letter according to your specifications.

Please scroll down to see details of various types of Expert Opinion Letters regularly provided by Silvergate.

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Specialty Occupation Letter (for H-1B Visa)

Details

This expert letter establishes an offered H-1B position as a USCIS Specialty Occupation, which requires the minimum attainment of a Bachelor’s Degree. Options to coordinate a phone call, virtual site visit, or on-site visit with the expert may be available, as well as options to discuss the wage level of the position.

Required Documents

The employer’s support letter including a description of the petitioner and a detailed list of the required job duties for the offered position.

If you only have some of the required documents, or if you are unsure whether your documents are sufficient, it is possible that we can still complete a favorable Expert Opinion Letter. Please send your documents for a free preliminary assessment and we will inform you before proceeding if further documentation is needed.

Comprehensive Letter (for H-1B Visa)

Details

In addition to establishing the offered position as a Specialty Occupation, this expert letter also evaluates the beneficiary’s academic and/or work experience credentials as equivalent to a Bachelor’s in the required field, and endorses the suitability of the beneficiary for the offered position. Options to coordinate a phone call, virtual site visit, or on-site visit with the expert may be available, as well as options to discuss the wage level of the position and the beneficiary’s fulfillment of the standard of “recognition of expertise.”

Required Documents

The employer’s support letter, including a description of the petitioner and a detailed list of the required job duties for the offered position.
For cases including evaluation of academics: Diploma and transcripts or mark sheets of the candidate.
For cases including evaluation of work experience: Employment verification letters showing job title, start and end dates, and a description of the job duties as well as preferably including evidence of the employee’s progression in responsibility over time, discussing the candidate’s expertise, and establishing that the experience was gained while working with peers who hold a Bachelor’s Degree in the pertinent field, or the equivalent.

If you only have some of the required documents, or if you are unsure whether your documents are sufficient, it is possible that we can still complete a favorable Expert Opinion Letter. Please send your documents for a free preliminary assessment and we will inform you before proceeding if further documentation is needed.

Suitability Letter (for H-1B Visa)

Details

This expert letter evaluates the beneficiary’s academic and/or work experience credentials as equivalent to a Bachelor’s Degree or higher in a relevant field, and endorses the suitability of the beneficiary for the offered position based on a detailed discussion of his/her unique background and combination of credentials. Options to coordinate a phone call with the expert may be available, as well as the option to discuss beneficiary’s fulfillment of the standard of “recognition of expertise.”

Required Documents

The employer’s support letter, including a description of the petitioner and a detailed list of the required job duties for the offered position.

For cases including evaluation of academics: Diploma and transcripts or mark sheets of the candidate.

For cases including evaluation of work experience: Employment verification letters showing job title, start and end dates, and a description of the job duties as well as preferably including evidence of the employee’s progression in responsibility over time, discussing the candidate’s expertise, and establishing that the experience was gained while working with peers who hold a Bachelor’s Degree in the pertinent field, or the equivalent.

If you only have some of the required documents, or if you are unsure whether your documents are sufficient, it is possible that we can still complete a favorable Expert Opinion Letter. Please send your documents for a free preliminary assessment and we will inform you before proceeding if further documentation is needed.

CPT/OPT Letter (for H-1B Visa)

Details

An expert letter pertaining to CPT/OPT will demonstrate that the CPT (Curricular Practical Training) or OPT (Optional Practical Training) position is directly related to the beneficiary’s course of study at the US institution where he/she was enrolled.

Required Documents

Transcripts for the US program where the beneficiary was or is still currently enrolled.
An employment verification letter stating the start and end dates, job title, and job duties of the CPT or OPT position.
Description of the employer company where the beneficiary held the CPT or OPT position.

Industry Standard Letter (for H-1B Visa)

Details

The expert letter from a professional recruiter in the field demonstrates that “the degree requirement is common to the industry in parallel positions among similar organizations.” The expert may also discuss the beneficiary’s academic credentials and/or work experience history in terms of their desirability for the offered position. This letter may be requested on its own, or as a supplement to a Specialty Occupation or Comprehensive expert opinion letter at a reduced cost.

Required Documents

The employer’s support letter including a description of the petitioner, the requirement for the offered position that the petitioner has established, and a detailed list of the required job duties for the offered position.
For cases including discussion of education: Diploma and transcripts or mark sheets of the candidate.
For cases including discussion of work experience: Detailed employment verification letters and reference letters.

If you only have some of the required documents, have alternate documentation that demonstrates work experience history, or are unsure if your documents are sufficient, it is possible that we can still complete a favorable Expert Opinion Letter. Please send your documents for a free preliminary assessment and we will inform you before proceeding if further documentation is needed.

Business Necessity Letter (for a PERM Audit Response)

Details

This expert letter establishes business necessity for an offered position and demonstrates that “the job duties and requirements bear a reasonable relationship to the occupation in the context of the employer’s business, and are essential to perform the job in a reasonable manner”, in accordance with regulations.

Required Documents

The ETA form 9089 (in the absence of this, a Microsoft Word document with a detailed list of the required job duties for the offered position and the employer’s stated requirement will suffice).
A description of the petitioner.

If you only have some of the required documents, or if you are unsure whether your documents are sufficient, it is possible that we can still complete a favorable Expert Opinion Letter. Please send your documents for a free preliminary assessment and we will inform you before proceeding if further documentation is needed.

Executive, Supervisory or Special Qualifications Letter (for E2 Investor Visa)

Details

In addition to establishing that the offered position is engaged in duties of an Executive or Supervisory character, or that it requires Special Qualifications, this expert letter also discusses the beneficiary’s academic and/or work experience credentials and endorses the suitability of the beneficiary for the offered position.

Required Documents

The employer’s support letter, including a description of the petitioner and a detailed list of the required job duties for the offered position.

For cases including discussion of academics: Diploma and transcripts or mark sheets of the candidate.

For cases including discussion of work experience: Employment verification letters showing job title, start and end dates, and a description of the job duties. Please also include professional recommendation letters if available. If you only have some of the required documents, or if you are unsure whether your documents are sufficient, it is possible that we can still complete a favorable Expert Opinion Letter. Please send your documents for a free preliminary assessment and we will inform you before proceeding if further documentation is needed.

Details

The USCIS frequently issues Requests for Additional Evidence (RFEs) asking for proof that an individual’s work will benefit the national interest and that the individual may be considered “well-positioned” to advance a particular field and/or specific endeavor in the United States. An expert letter for this type of case will demonstrate that:

The proposed endeavor has both substantial merit and national importance;
The beneficiary is well positioned to advance the proposed endeavor; and
NEW It is critical to avoid delaying the proposed endeavor’s immediate benefits to the US National Interest.

Required Documents

Letter of support, business plan, and/or personal statement with detailed information on the proposed endeavor
The beneficiary’s academic degrees and transcripts, resume, employment verification letters, reference letters, awards, publications, media coverage, work product samples, etc.

Exceptional Ability Letter (for EB-2 Visa)

Details

This expert letter assesses a foreign national’s accomplishments and qualifications, and describes how he or she has satisfied the USCIS requirements for classification as an Alien of Exceptional Ability. In addition to establishing that at least three of the evidentiary criteria have been met, this letter demonstrates that the beneficiary has a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business, for the final merits determination.

Required Documents

The letter of support describing which of at least three evidentiary criteria the beneficiary fulfills.
Any pertinent exhibits that support the claims of the letter and the candidate’s Exceptional Ability.

Managerial/Executive Capacity Letter (for L-1A / EB-1C Visa)

Details

This expert letter assesses a foreign and/or US-based position’s responsibilities, and establishes the position(s) as Executive and/or Managerial. Such letters are completed by a university professor in the field, and clearly describe how the responsibilities and characteristics of the position satisfy the requirements of the USCIS for an Executive or Managerial position.

Required Documents

The employer’s support letter including a description of the petitioner and a detailed list of the required job duties for the offered position.
Organizational charts for the foreign and US companies showing where the candidate stands in the corporate hierarchy.

If you only have some of the required documents, or if you are unsure whether your documents are sufficient, it is possible that we can still complete a favorable Expert Opinion Letter. Please send your documents for a free preliminary assessment and we will inform you before proceeding if further documentation is needed.

Extraordinary Ability Letter (for O-1 / EB-1A Visa)

Details

This expert letter assesses a foreign national’s accomplishments and qualifications, and describes how he or she has satisfied the USCIS requirements for classification as an Alien of Extraordinary Ability.

Required Documents

The employer’s support letter describing which of at least three evidentiary criteria the candidate fulfills.
Any pertinent exhibits that support the claims of the letter regarding the candidate’s Extraordinary Ability.

Note: If you only have some of the required documents, or if you are unsure whether your documents are sufficient, it is possible that we can still complete a favorable Expert Opinion Letter. Please send your documents for a free preliminary assessment and we will inform you before proceeding if further documentation is needed.

Specialized Knowledge Letter (for L-1B Visa)

Details

This report includes an expert opinion letter from a professor in the field, who first performs an in-depth analysis of the company’s processes and the knowledge acquired by the beneficiary. The professor then proceeds to establish that the beneficiary possesses Specialized Knowledge of the company’s proprietary tools, processes, and methodologies based on his or her work experience for the company’s foreign office.

Required Documents

The employer’s support letter including a description of the petitioner and a detailed list of the required job duties for the offered position.
Any internal training records the candidate has with the company.

If you only have some of the required documents, or if you are unsure whether your documents are sufficient, it is possible that we can still complete a favorable Expert Opinion Letter. Please send your documents for a free preliminary assessment and we will inform you before proceeding if further documentation is needed.

TN Letter (for TN Visa)

Details

The expert letter establishes that a position qualifies under one of the categories of the North American Free Trade Agreement (NAFTA). When requested, the expert can also evaluate the beneficiary’s academic credentials and/or discuss work experience history to endorse the beneficiary as suitable for the offered position.

Required Documents

The employer’s support letter including a description of the petitioner and a detailed list of the required job duties for the offered position.
For cases including evaluation of academics: Diploma and transcripts or mark sheets of the candidate.
For cases including discussion of work experience: Detailed employment verification letters and reference letters.

If you only have some of the required documents, have alternate documentation that demonstrates work experience history, or are unsure if your documents are sufficient, it is possible that we can still complete a favorable Expert Opinion Letter. Please send your documents for a free preliminary assessment and we will inform you before proceeding if further documentation is needed.

“Not Substantially Comparable” Letter (for PERM positions)

Details

The need for this type of letter arises when a foreign national is promoted from within a company that wishes to sponsor his/her green card. The U.S. Department of Labor (DOL) standard for using experience gained with the sponsoring employer is that the past position must not be “substantially comparable” to the new position. In this expert opinion letter, the expert provides a detailed comparison between the previous position and the offered position explaining how they are at least 50% different, therefore qualifying as not “substantially comparable”.

Required Documents

A description of the petitioner, the job titles for each position, detailed lists of the required job duties for both positions (including percentage of time spent on each duty), and the job requirements for each position.

Specialty Occupation Letter (for H-1B Visa)

Details

This expert letter establishes an offered H-1B position as a USCIS Specialty Occupation, which requires the minimum attainment of a Bachelor’s Degree. Options to coordinate a phone call, virtual site visit, or on-site visit with the expert may be available, as well as options to discuss the wage level of the position.

Required Documents

The employer’s support letter including a description of the petitioner and a detailed list of the required job duties for the offered position.

If you only have some of the required documents, or if you are unsure whether your documents are sufficient, it is possible that we can still complete a favorable Expert Opinion Letter. Please send your documents for a free preliminary assessment and we will inform you before proceeding if further documentation is needed.

Comprehensive Letter (for H-1B Visa)

Details

In addition to establishing the offered position as a Specialty Occupation, this expert letter also evaluates the beneficiary’s academic and/or work experience credentials as equivalent to a Bachelor’s in the required field, and endorses the suitability of the beneficiary for the offered position. Options to coordinate a phone call, virtual site visit, or on-site visit with the expert may be available, as well as options to discuss the wage level of the position and the beneficiary’s fulfillment of the standard of “recognition of expertise.”

Required Documents

The employer’s support letter, including a description of the petitioner and a detailed list of the required job duties for the offered position.
For cases including evaluation of academics: Diploma and transcripts or mark sheets of the candidate.
For cases including evaluation of work experience: Employment verification letters showing job title, start and end dates, and a description of the job duties as well as preferably including evidence of the employee’s progression in responsibility over time, discussing the candidate’s expertise, and establishing that the experience was gained while working with peers who hold a Bachelor’s Degree in the pertinent field, or the equivalent.

If you only have some of the required documents, or if you are unsure whether your documents are sufficient, it is possible that we can still complete a favorable Expert Opinion Letter. Please send your documents for a free preliminary assessment and we will inform you before proceeding if further documentation is needed.

Suitability Letter (for H-1B Visa)

Details

This expert letter evaluates the beneficiary’s academic and/or work experience credentials as equivalent to a Bachelor’s Degree or higher in a relevant field, and endorses the suitability of the beneficiary for the offered position based on a detailed discussion of his/her unique background and combination of credentials. Options to coordinate a phone call with the expert may be available, as well as the option to discuss beneficiary’s fulfillment of the standard of “recognition of expertise.”

Required Documents

The employer’s support letter, including a description of the petitioner and a detailed list of the required job duties for the offered position.

For cases including evaluation of academics: Diploma and transcripts or mark sheets of the candidate.

For cases including evaluation of work experience: Employment verification letters showing job title, start and end dates, and a description of the job duties as well as preferably including evidence of the employee’s progression in responsibility over time, discussing the candidate’s expertise, and establishing that the experience was gained while working with peers who hold a Bachelor’s Degree in the pertinent field, or the equivalent.

If you only have some of the required documents, or if you are unsure whether your documents are sufficient, it is possible that we can still complete a favorable Expert Opinion Letter. Please send your documents for a free preliminary assessment and we will inform you before proceeding if further documentation is needed.

CPT/OPT Letter (for H-1B Visa)

Details

An expert letter pertaining to CPT/OPT will demonstrate that the CPT (Curricular Practical Training) or OPT (Optional Practical Training) position is directly related to the beneficiary’s course of study at the US institution where he/she was enrolled.

Required Documents

Transcripts for the US program where the beneficiary was or is still currently enrolled.
An employment verification letter stating the start and end dates, job title, and job duties of the CPT or OPT position.
Description of the employer company where the beneficiary held the CPT or OPT position.

Industry Standard Letter (for H-1B Visa)

Details

The expert letter from a professional recruiter in the field demonstrates that “the degree requirement is common to the industry in parallel positions among similar organizations.” The expert may also discuss the beneficiary’s academic credentials and/or work experience history in terms of their desirability for the offered position. This letter may be requested on its own, or as a supplement to a Specialty Occupation or Comprehensive expert opinion letter at a reduced cost.

Required Documents

The employer’s support letter including a description of the petitioner, the requirement for the offered position that the petitioner has established, and a detailed list of the required job duties for the offered position.
For cases including discussion of education: Diploma and transcripts or mark sheets of the candidate.
For cases including discussion of work experience: Detailed employment verification letters and reference letters.

If you only have some of the required documents, have alternate documentation that demonstrates work experience history, or are unsure if your documents are sufficient, it is possible that we can still complete a favorable Expert Opinion Letter. Please send your documents for a free preliminary assessment and we will inform you before proceeding if further documentation is needed.

Business Necessity Letter (for a PERM Audit Response)

Details

This expert letter establishes business necessity for an offered position and demonstrates that “the job duties and requirements bear a reasonable relationship to the occupation in the context of the employer’s business, and are essential to perform the job in a reasonable manner”, in accordance with regulations.

Required Documents

The ETA form 9089 (in the absence of this, a Microsoft Word document with a detailed list of the required job duties for the offered position and the employer’s stated requirement will suffice).
A description of the petitioner.

If you only have some of the required documents, or if you are unsure whether your documents are sufficient, it is possible that we can still complete a favorable Expert Opinion Letter. Please send your documents for a free preliminary assessment and we will inform you before proceeding if further documentation is needed.

Details

The USCIS frequently issues Requests for Additional Evidence (RFEs) asking for proof that an individual’s work will benefit the national interest and that the individual may be considered “well-positioned” to advance a particular field and/or specific endeavor in the United States. An expert letter for this type of case will demonstrate that:

The proposed endeavor has both substantial merit and national importance;
The beneficiary is well positioned to advance the proposed endeavor; and
NEW It is critical to avoid delaying the proposed endeavor’s immediate benefits to the US National Interest.

Required Documents

Letter of support, business plan, and/or personal statement with detailed information on the proposed endeavor
The beneficiary’s academic degrees and transcripts, resume, employment verification letters, reference letters, awards, publications, media coverage, work product samples, etc.

Exceptional Ability Letter (for EB-2 Visa)

Details

This expert letter assesses a foreign national’s accomplishments and qualifications, and describes how he or she has satisfied the USCIS requirements for classification as an Alien of Exceptional Ability. In addition to establishing that at least three of the evidentiary criteria have been met, this letter demonstrates that the beneficiary has a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business, for the final merits determination.

Required Documents

The letter of support describing which of at least three evidentiary criteria the beneficiary fulfills.
Any pertinent exhibits that support the claims of the letter and the candidate’s Exceptional Ability.

If you only have some of the required documents, or if you are unsure whether your documents are sufficient, it is possible that we can still complete a favorable Expert Opinion Letter. Please send your documents for a free preliminary assessment and we will inform you before proceeding if further documentation is needed.

Managerial/Executive Capacity Letter (for L-1A / EB-1C Visa)

Details

This expert letter assesses a foreign and/or US-based position’s responsibilities, and establishes the position(s) as Executive and/or Managerial. Such letters are completed by a university professor in the field, and clearly describe how the responsibilities and characteristics of the position satisfy the requirements of the USCIS for an Executive or Managerial position.

Required Documents

The employer’s support letter including a description of the petitioner and a detailed list of the required job duties for the offered position.
Organizational charts for the foreign and US companies showing where the candidate stands in the corporate hierarchy.

If you only have some of the required documents, or if you are unsure whether your documents are sufficient, it is possible that we can still complete a favorable Expert Opinion Letter. Please send your documents for a free preliminary assessment and we will inform you before proceeding if further documentation is needed.

Extraordinary Ability Letter (for O-1 / EB-1A Visa)

Details

This expert letter assesses a foreign national’s accomplishments and qualifications, and describes how he or she has satisfied the USCIS requirements for classification as an Alien of Extraordinary Ability.

Required Documents

The employer’s support letter describing which of at least three evidentiary criteria the candidate fulfills.
Any pertinent exhibits that support the claims of the letter regarding the candidate’s Extraordinary Ability.

Note: If you only have some of the required documents, or if you are unsure whether your documents are sufficient, it is possible that we can still complete a favorable Expert Opinion Letter. Please send your documents for a free preliminary assessment and we will inform you before proceeding if further documentation is needed.

Specialized Knowledge Letter (for L-1B Visa)

Details

This report includes an expert opinion letter from a professor in the field, who first performs an in-depth analysis of the company’s processes and the knowledge acquired by the beneficiary. The professor then proceeds to establish that the beneficiary possesses Specialized Knowledge of the company’s proprietary tools, processes, and methodologies based on his or her work experience for the company’s foreign office.

Required Documents

The employer’s support letter including a description of the petitioner and a detailed list of the required job duties for the offered position.
Any internal training records the candidate has with the company.

If you only have some of the required documents, or if you are unsure whether your documents are sufficient, it is possible that we can still complete a favorable Expert Opinion Letter. Please send your documents for a free preliminary assessment and we will inform you before proceeding if further documentation is needed.

TN Letter (for TN Visa)

Details

The expert letter establishes that a position qualifies under one of the categories of the North American Free Trade Agreement (NAFTA). When requested, the expert can also evaluate the beneficiary’s academic credentials and/or discuss work experience history to endorse the beneficiary as suitable for the offered position.

Required Documents

The employer’s support letter including a description of the petitioner and a detailed list of the required job duties for the offered position.
For cases including evaluation of academics: Diploma and transcripts or mark sheets of the candidate.
For cases including discussion of work experience: Detailed employment verification letters and reference letters.

If you only have some of the required documents, have alternate documentation that demonstrates work experience history, or are unsure if your documents are sufficient, it is possible that we can still complete a favorable Expert Opinion Letter. Please send your documents for a free preliminary assessment and we will inform you before proceeding if further documentation is needed.

“Not Substantially Comparable” Letter (for PERM positions)

Details

The need for this type of letter arises when a foreign national is promoted from within a company that wishes to sponsor his/her green card. The U.S. Department of Labor (DOL) standard for using experience gained with the sponsoring employer is that the past position must not be “substantially comparable” to the new position. In this expert opinion letter, the expert provides a detailed comparison between the previous position and the offered position explaining how they are at least 50% different, therefore qualifying as not “substantially comparable”.

Required Documents

A description of the petitioner, the job titles for each position, detailed lists of the required job duties for both positions (including percentage of time spent on each duty), and the job requirements for each position.

Executive, Supervisory or Special Qualifications Letter (for E2 Investor Visa)

Details

In addition to establishing that the offered position is engaged in duties of an Executive or Supervisory character, or that it requires Special Qualifications, this expert letter also discusses the beneficiary’s academic and/or work experience credentials and endorses the suitability of the beneficiary for the offered position.

Required Documents

The employer’s support letter, including a description of the petitioner and a detailed list of the required job duties for the offered position.

For cases including discussion of academics: Diploma and transcripts or mark sheets of the candidate.

For cases including discussion of work experience: Employment verification letters showing job title, start and end dates, and a description of the job duties. Please also include professional recommendation letters if available. If you only have some of the required documents, or if you are unsure whether your documents are sufficient, it is possible that we can still complete a favorable Expert Opinion Letter. Please send your documents for a free preliminary assessment and we will inform you before proceeding if further documentation is needed.