An EVI may help you prove that you qualify for certain immigration benefits.
by Sofie Wise
If you’re a noncitizen, you can’t just move to the United States and legally start working. You need to apply for a green card or visa that allows you to work. When you do so, you may want to include an employment verification letter (EVL).
Also referred to as a letter of employment or proof of employment letter, an EVL is a document an employer provides to confirm an individual’s employment status. Even U.S. citizens may need an EVL at some point in their lives.
In this piece, we discuss what an employment verification letter is, the various immigration applications that may benefit from an EVL, what to include in an EVL for immigration and how to obtain a letter of employment.
In short, an employment verification letter is a letter that provides proof that an individual is gainfully employed.
In the context of immigration processes, employment letters verify that an individual or their sponsor may qualify for certain immigration benefits. For example, it can verify that someone applying for a tourist visa has a job in their home country that they plan to return to. And, along with tax returns and a W-2, it can help confirm income when applying for a green card.
U.S. citizens may also need an employment verification letter in situations such as:
In these contexts, an EVL can be used to verify that an individual has a stable source of income to meet their rental or loan requirements or to confirm their job history as part of a background check.
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Certain green card and visa applications may benefit from an employment verification letter. This includes:
Generally speaking, most applications require the submission of various forms of evidence to confirm the applicant’s employment. Examples of such evidence frequently include recent W-2s, tax returns and pay stubs. Thus, an employment verification letter isn’t necessarily required in all situations. Still, providing one may be strong evidence to include.
An EVL is more likely to be required for employment-based immigration applications where the applicant must prove they have certain specialized knowledge, background or skills. Additionally, USCIS may contact an applicant directly after they submit their application to request an EVL if additional information is needed to verify their employment.
Employment-based green card applications are granted to workers in order of priority as follows:
| EB-1 | First preference | Workers with extraordinary abilities in the sciences, arts, education, business or athletics Outstanding professors and researchers Certain multinational managers and executives |
| EB-2 | Second preference | Members of professions holding advanced degrees or who have exceptional abilities |
| EB-2 | Third preference | Skilled workers, professionals or other workers |
Depending on the level of preference you’re applying for, including an employment verification letter addressing your specific qualifications and abilities in your application may help improve your chances of a successful application.
If you’re a U.S. citizen or a permanent resident sponsoring someone on their green card application, you may want to submit an employment verification letter.
Sponsors must submit a USCIS Form I-864, Affidavit of Support, which is used to assess whether the sponsor has the financial means to support the individual applying for their green card. Form I-864 requires the sponsor to include detailed information about their employment status and income.
According to the Form I-864 instructions, an employment verification letter isn’t required unless specifically requested by a U.S. government official. Nevertheless, such a letter—as well as pay stubs and other relevant supporting documentation—is permitted.
A variety of work visas allow foreign nationals to apply for temporary immigrant status to work in the U.S. for a period of time.
One example is the H-1B visa, which is for people who perform services in a specialty occupation, relating to Department of Defense (DOD) research and development projects, or as a fashion model of distinguished merit or ability. Another example is L-1A/L-1B visas. These visas allow employers to transfer employees of a certain position or with specialized knowledge to an affiliated office within the U.S.
While information about your employer is required in the application for these work visas, whether an EVL is required depends on the particular application being submitted. If you must or choose to submit an EVL, most applicants typically focus on their particular work experience and the role within their company.
You may be eligible for a B-1 visa if you’re participating in temporary business activities within the U.S., such as:
You may need to submit an employment verification letter from your foreign employer in these cases. This letter should confirm your employment status, the reason for your travel and the dates of your business-related activities in the U.S.
B-2 tourist visas are for foreign travelers who enter the U.S. for vacation, family visits or other tourism-related reasons.
Visitors on a B-2 visa are permitted to remain in the U.S. temporarily. Thus, you may need to provide proof of continued employment and financial ties to your home country. By providing an employment verification letter, you can verify that you have a job waiting for you when you return home. This may help show you don’t intend to remain within the U.S. indefinitely.
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The United States Citizenship and Immigration Services (USCIS) doesn’t provide a template or one-size-fits-all list of information to include in an employment verification letter for the various immigration processes. This is because the information required varies depending on the type of immigration application and the evidence sought by the requesting party. For example, some applications may require proof of certain specialized knowledge or qualifications, while others may require proof of financial status or means.
In any event, the EVL should be on the employer’s letterhead, and most employment verification letters should include, at minimum, the following:
If you need an employment verification letter, in many cases, it’s best to check with your direct manager or supervisor. In some instances, you may need to make a formal request to your employer’s human resources department.
Before requesting the letter, know which immigration application you’re submitting. That way, you can provide your employer a specific list of information to be included in the EVL.
With so many applications and requirements, the process of applying for immigration status within the U.S., whether permanently or temporarily, can understandably feel like a lot of information to digest. Nevertheless, submitting the correct application and providing the correct supporting documentation are important to improving your chances of success. This is where a lawyer may be helpful, though you don’t need to work with one.
An experienced immigration attorney can help you determine whether an employment verification letter is required for your particular application and what information to include in the EVL. They can also review the completed letter to ensure it contains sufficient information to meet your application’s requirements. Additionally, although your attorney can’t write your employer’s EVL for you, the attorney can discuss the scope of the letter with your employer on your behalf and clarify any questions or concerns about the requirements.
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The specific requirements for an employment verification letter vary depending on the situation and the party requesting the EVL. In general, an employment verification letter should include detailed and accurate information that verify your employment. Typically, this information includes the name of your employer; your job title, classification and description; your dates of employment; salary information and the signature of a representative of your employer.
You typically have to get an employment verification letter from a current or former employer. In many cases, the easiest way to obtain an EVL is to request one from your direct supervisor or manager. In some cases, however, your company policy may require you to obtain an EVL from the human resources department. In either case, it’s usually a good idea to provide some context to the party preparing the letter so they can prepare a comprehensive and accurate EVL that meets your needs.
If you’re self-employed or work primarily as an independent contractor, you may write and sign your own employment verification letter. That said, some people who write their own EVL get the letter notarized. This adds an extra layer of authenticity and credibility to help prevent potential concerns about the truthfulness of your self-written EVL. You may also want to include additional documentation to verify your business’s existence and financial stability. Importantly, if you’re not self-employed, you shouldn’t write your employment verification letter.
Various immigration processes, such as those for employment-based visas, permanent residence (green card) applications and tourist visas, may require an employment verification letter. If you’re uncertain whether you need an EVL, check the specific requirements of your program and consider consulting an attorney.
Disclaimer: This article is provided as general information, not legal advice, and may not reflect the current laws in your state. It does not create an attorney-client relationship and is not a substitute for seeking legal counsel based on the facts of your circumstance. No reader should act based on this article without seeking legal advice from a lawyer licensed in their state.
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