EB-1A letter of recommendation: sign or don't sign?
October 13, 2024 1:04 PM Subscribe
An acquaintance of mine has asked me to provide a letter of recommendation for an EB-1A visa to the US. I have concerns.
I was provided with a written letter of recommendation, and asked to sign it on my company letterhead (on a very short timeline).
...this latter part absolutely will not happen, as it is explicitly against policy (I checked; I can't use letterhead for anything at all, regardless of purpose. Only certain people are allowed to use letterhead in the first place, and they would not approve this usage).
However, for the former part (me signing this draft) I am still concerned. The letter contains elements I believe to be straight falsehoods (not merely overstating matters), as well as plenty of florid/bombastic overstatements. It is my understanding that the letter was written by a lawyer that specializes in EB-1A applicants (and frankly I suspect they do so using sketchy methods).
Consequently, I am somewhat unwilling to sign the letter (this is setting aside the whole issue of me not normally signing any letter I haven't personally written in the first place).
...however, am I utterly screwing this person if I say no? I mean, if it'll ruin his life I could ... maybe ask for more time to write my own (honest) letter?
I am also curious as to how much legal risk this person has asked me to take on their behalf by effectively asking me to lie to the US Govt., which is something I wouldn't normally expect to go well at all, but there are plenty of people in my community who claim everyone knows these letters are all lies, there's no risk and no reason to worry. Everyone does it, this is how the EB-1A game works!
So ... I guess I'm also worried about being seen as a total bastard for not agreeing to sign, but (still further) wondering if I should in fact actually be angry at having been put in this spot.
I was provided with a written letter of recommendation, and asked to sign it on my company letterhead (on a very short timeline).
...this latter part absolutely will not happen, as it is explicitly against policy (I checked; I can't use letterhead for anything at all, regardless of purpose. Only certain people are allowed to use letterhead in the first place, and they would not approve this usage).
However, for the former part (me signing this draft) I am still concerned. The letter contains elements I believe to be straight falsehoods (not merely overstating matters), as well as plenty of florid/bombastic overstatements. It is my understanding that the letter was written by a lawyer that specializes in EB-1A applicants (and frankly I suspect they do so using sketchy methods).
Consequently, I am somewhat unwilling to sign the letter (this is setting aside the whole issue of me not normally signing any letter I haven't personally written in the first place).
...however, am I utterly screwing this person if I say no? I mean, if it'll ruin his life I could ... maybe ask for more time to write my own (honest) letter?
I am also curious as to how much legal risk this person has asked me to take on their behalf by effectively asking me to lie to the US Govt., which is something I wouldn't normally expect to go well at all, but there are plenty of people in my community who claim everyone knows these letters are all lies, there's no risk and no reason to worry. Everyone does it, this is how the EB-1A game works!
So ... I guess I'm also worried about being seen as a total bastard for not agreeing to sign, but (still further) wondering if I should in fact actually be angry at having been put in this spot.
Just say no. If he has predicated his visa application on things like you agreeing, something he can't control, he's done a terrible job, so I'm sure his lawyer has made sure he has other strategies to reinforce his argument.
If you need an excuse you say 'it is corporate policy for me not to sign these letters', which is true, if not entirely accurate.
posted by How much is that froggie in the window at 1:58 PM on October 13 [2 favorites]
If you need an excuse you say 'it is corporate policy for me not to sign these letters', which is true, if not entirely accurate.
posted by How much is that froggie in the window at 1:58 PM on October 13 [2 favorites]
I was provided with a written letter of recommendation, and asked to sign it on my company letterhead
This is very strange. EB-1A applications are almost always sponsored by companies employing the people applying for the visa. The verbiage suggested is simply, as you said, how the EB-1A game is played. However, if this person is an acquaintance and you don't work at the same company as them, I'm very confused why you're being asked to sign it. Your acquaintance's company should have people to sign it.
There's no point in making a letter in your own words. If you write anything that's less grandiose as suggested, you'll only be decreasing their chances of getting the visa. Everyone else will be using the same language as suggested, unfortunately. If you write something yourself, it's likely they will just throw away the letter.
I am also curious as to how much legal risk this person has asked me to take on their behalf
You should not have to sign it. But if you do, essentially none. These sorts of letters are signed every day by executives who have never even met the person applying for the visa.
posted by saeculorum at 2:10 PM on October 13 [3 favorites]
This is very strange. EB-1A applications are almost always sponsored by companies employing the people applying for the visa. The verbiage suggested is simply, as you said, how the EB-1A game is played. However, if this person is an acquaintance and you don't work at the same company as them, I'm very confused why you're being asked to sign it. Your acquaintance's company should have people to sign it.
There's no point in making a letter in your own words. If you write anything that's less grandiose as suggested, you'll only be decreasing their chances of getting the visa. Everyone else will be using the same language as suggested, unfortunately. If you write something yourself, it's likely they will just throw away the letter.
I am also curious as to how much legal risk this person has asked me to take on their behalf
You should not have to sign it. But if you do, essentially none. These sorts of letters are signed every day by executives who have never even met the person applying for the visa.
posted by saeculorum at 2:10 PM on October 13 [3 favorites]
Just as an anecdotal data point. I've had friends who applied for this visa and their letters, written by their lawyers, were all completely over the top and insane. They were signed by eminent folks in their field, without comment.
posted by nanook at 2:29 PM on October 13 [11 favorites]
posted by nanook at 2:29 PM on October 13 [11 favorites]
Former immigration legal assistant here. I used to draft letters like that (approved by a lawyer before being sent to clients). The language is set to match the statutes/regulations. I never heard of anyone getting in trouble for signing on an applicant/petitioner's behalf.
If you're not comfortable, don't do it, but this is a standard procedure and the request says they think of you as an expert in the field.
posted by gentlyepigrams at 2:58 PM on October 13 [9 favorites]
If you're not comfortable, don't do it, but this is a standard procedure and the request says they think of you as an expert in the field.
posted by gentlyepigrams at 2:58 PM on October 13 [9 favorites]
Signing such a letter wouldn't bother me at all. Being asked to do so on company letterhead would bother me a lot. If there is risk here, that is where it would be.
posted by Tell Me No Lies at 4:18 PM on October 13
posted by Tell Me No Lies at 4:18 PM on October 13
Once you inform the lawyer (I wouldn’t talk to the client at first) about the letterhead they may pull the request, so maybe try that first?
posted by drowsy at 7:27 PM on October 13
posted by drowsy at 7:27 PM on October 13
The short timeline and the falsehoods are reasonable causes to decline, and I personally wouldn't have issue with doing so because, as you say, this person shouldn't have put you in this position. Also, the short timeline is a red flag: what's going on here - did someone/ others before you also decline for similar reasons and you're just next in line? Agree that those letters can be a bit wild (my own H-1B one was), but there's a line between florid and false, and having an expert/ guarantor/ whatever-your-role-is-here vet the claims is surely the entire point of this particular step in the process?
posted by my log does not judge at 7:56 PM on October 13
posted by my log does not judge at 7:56 PM on October 13
I retract my advice now that I know a) I know nothing about this particular scenario and b) others on this thread have direct experience with this scenario.
posted by latkes at 9:55 PM on October 13
posted by latkes at 9:55 PM on October 13
I have posted about the EB-1a process before and at length.
The short version here is that you aren't a bastard if you decline. I have declined for fewer reasons than you have listed here.
However, much of what you find problematic is how the immigration process often works. Your acquaintance is not calling the shots. The generous view is that their lawyers are trying to craft the best possible argument they can while minimizing how much work they are asking you to do. A less generous take is that the law firm has many clients and have settled on a formula that has worked before.
The letter they have provided is only a draft, a suggestion, and absolutely strike any BS and never sign anything you don't support.
These letters are a professional obligation - and remember it is not like a job reference, it's expert opinion that only people like you, an expert, can make. It can be as short as two paragraphs, how you are an expert and how this person is also an expert/top of the field/essential to the betterment of society. It's the lawyers gig to build the whole argument, not yours, and they should be willing explain what visa requirements they are trying to address with your testimony.
The process is always rushed, which means that requesting more info is often good for a quiet fade. But if you really want to opt out the least bastardly thing to do is just let the law firm know "that won't be possible at this time". Otherwise they will continue to reach out, and their time is money.
posted by zenon at 10:20 PM on October 13 [3 favorites]
The short version here is that you aren't a bastard if you decline. I have declined for fewer reasons than you have listed here.
However, much of what you find problematic is how the immigration process often works. Your acquaintance is not calling the shots. The generous view is that their lawyers are trying to craft the best possible argument they can while minimizing how much work they are asking you to do. A less generous take is that the law firm has many clients and have settled on a formula that has worked before.
The letter they have provided is only a draft, a suggestion, and absolutely strike any BS and never sign anything you don't support.
These letters are a professional obligation - and remember it is not like a job reference, it's expert opinion that only people like you, an expert, can make. It can be as short as two paragraphs, how you are an expert and how this person is also an expert/top of the field/essential to the betterment of society. It's the lawyers gig to build the whole argument, not yours, and they should be willing explain what visa requirements they are trying to address with your testimony.
The process is always rushed, which means that requesting more info is often good for a quiet fade. But if you really want to opt out the least bastardly thing to do is just let the law firm know "that won't be possible at this time". Otherwise they will continue to reach out, and their time is money.
posted by zenon at 10:20 PM on October 13 [3 favorites]
The letter contains elements I believe to be straight falsehoods (not merely overstating matters), as well as plenty of florid/bombastic overstatements.
I would expect such a draft letter to tend towards overstating things, because USCIS are never going to read between the lines of an understated letter. They will be expecting an overwhelmingly positive endorsement. This has reputedly tripped people up when they have asked for reference letter from academics based in eg Germany, where such enthusiasm runs really counter to cultural norms.
Having said that there is a real difference between enthusiastic overstatement and something that is plain untrue.
EB-1A applications are almost always sponsored by companies employing the people applying for the visa.
You can self-petition for an EB-1A on the basis that you have "extraordinary" abilities. Which colloquially tends to mean being an international elite in your field. Evidence of that is usually provided in the form of letters from experts in the field in question, as well as any awards etc.
posted by plonkee at 4:07 AM on October 14 [1 favorite]
I would expect such a draft letter to tend towards overstating things, because USCIS are never going to read between the lines of an understated letter. They will be expecting an overwhelmingly positive endorsement. This has reputedly tripped people up when they have asked for reference letter from academics based in eg Germany, where such enthusiasm runs really counter to cultural norms.
Having said that there is a real difference between enthusiastic overstatement and something that is plain untrue.
EB-1A applications are almost always sponsored by companies employing the people applying for the visa.
You can self-petition for an EB-1A on the basis that you have "extraordinary" abilities. Which colloquially tends to mean being an international elite in your field. Evidence of that is usually provided in the form of letters from experts in the field in question, as well as any awards etc.
posted by plonkee at 4:07 AM on October 14 [1 favorite]
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posted by latkes at 1:09 PM on October 13 [2 favorites]