I-140 RFE · Beneficiary Qualifications
USCIS says the experience letters do not establish the beneficiary’s qualifications?
An I-140 experience letter RFE usually requires more than showing that the beneficiary worked for a particular employer. The evidence must establish the qualifying period of experience and, where relevant, demonstrate that the work satisfied the specific experience requirements stated in the petition or labor certification.
The first question is what experience the petition actually requires.
For a PERM based petition, the response should compare the beneficiary’s claimed experience with the minimum education, experience and special skill requirements stated on the certified labor application. For other I-140 classifications, the governing classification requirements should be identified before evaluating the employment evidence.
A letter can verify employment without proving qualifying experience. Dates, job titles and a statement that the person was employed may be insufficient when USCIS must determine whether the beneficiary performed the particular duties or acquired the experience required by the petition.
Common reasons USCIS questions experience evidence.
The letter does not describe duties.
A basic human resources verification may confirm employment dates while providing no evidence that the work included the qualifying duties or experience.
Dates are inconsistent.
The experience letter, résumé, labor certification, prior immigration filings or other records may contain different start dates, end dates or job titles.
The signer cannot be verified.
USCIS may question an unsigned letter, a letter without identifying information, or a statement from someone whose relationship to the former employer is unclear.
The claimed experience does not match the PERM requirement.
Even genuine employment may not be qualifying if the duties, duration or required skills do not satisfy the minimum requirements stated in the labor certification.
Use the best available contemporaneous evidence to establish the employment history.
The regulation generally contemplates letters from current or former employers or trainers for qualifying experience. When an ordinary employer letter cannot be obtained, the response should explain the circumstances and determine what additional reliable evidence can corroborate the claimed experience.
- Detailed letters from current or former employers identifying employment dates, position and relevant duties;
- Letters identifying the author’s title and basis of knowledge;
- Payroll records, tax documents, employment contracts or appointment records;
- Contemporaneous performance records, promotion documents or personnel records where available;
- Organizational records or business records corroborating the former employment;
- Evidence explaining closure, acquisition, dissolution or other circumstances when the former employer cannot issue a normal verification letter;
- Affidavits or secondary evidence where appropriate, supported by objective documentation rather than relied upon in isolation; and
- A comparison chart matching the documented experience to each disputed qualification in the RFE or labor certification.
Resolve inconsistencies instead of hoping USCIS overlooks them.
If the original I-140 filing, labor certification, résumé, prior visa petition or experience letter contains inconsistent dates or descriptions, the response should identify the discrepancy and provide a credible documented explanation.
The goal is not merely to obtain a longer letter. The goal is to establish the particular qualifying experience required for the classification and to make the evidentiary chain clear enough for USCIS to verify.
Failure to prove the required experience can result in denial even if the job offer is genuine.
In a PERM based case, the beneficiary generally must satisfy the minimum requirements of the certified position at the relevant time. An employer’s current willingness to employ the beneficiary does not cure a failure to document the qualifications required by the labor certification.
If the petition is denied, the denial should be compared closely with the RFE and the evidence actually submitted to determine whether USCIS overlooked evidence, applied the requirements incorrectly, or identified a deficiency better addressed through a new filing.