The Role of Expert Opinion Letters in Visa Success

Navigating U.S. visa petitions, especially employment‑based categories like the EB-1, EB‑2 (with or without National Interest Waiver), or H‑1B - often relates to how effectively an applicant can demonstrate their qualifications, achievements, and the significance of their work.

An important tools in communicating these qualifications is an Expert Opinion Letter, a document from a recognized authority in the applicant’s field, offering objective assessment of the applicant’s credentials. 

USCIS Standards & Policy Considerations

According to USCIS guidance (including recent updates effective as of January 15, 2025) for the EB‑2 National Interest Waiver (NIW) category, petitioners must first show eligibility for the EB‑2 classification—either via an advanced degree or exceptional ability.

Expert Opinion Letters often serve as key evidence in satisfying these eligibility requirements. Furthermore, USCIS has clarified what constitutes substantial merit, national importance, and that a petitioner is well‑positioned to advance their proposed endeavor—all prongs in the so‑called Matter of Dhanasar test. Expert opinion letters are among the evidentiary tools USCIS expects when evaluating whether someone merits a waiver of the usual job‑offer and labor certification requirements.

How Expert Opinion Letters Strengthen a Case

1. Discussing Credentials: Many applicants earned their education or accumulated work experience abroad. An Expert Opinion Letter (sometimes called an "Advisory Opinion Letter") discusses this experience in relation to their endeavor (EB-1 or EB-2) or specialty occupation requirements (H-1B).

2. Demonstrating Exceptional Ability or Extraordinary Achievements: For visas like r EB‑1, or even EB‑2 with NIW under “exceptional ability,” the standard is high. Expert letters from recognized authorities help show that the applicant’s work goes beyond the norm—through publications, awards, peer recognition, original contributions—by comparing the applicant to peers in their field.

3. Addressing USCIS Criteria / RFE Concerns: Frequently, USCIS issues RFEs when application materials are generic, vague, or fail to connect the applicant’s evidence to specific legal criteria. A well‑written expert opinion letter directly addresses those gaps: it shows how the applicant meets the specific visa criteria, links successes to national or professional importance, and explains why an applicant is especially suited to advance their proposed work.

4. Strengthening NIW Petitions through the Dhanasar Prongs: Under Matter of Dhanasar (2016), the three prongs for NIW are: substantial merit & national importance; that the applicant is well positioned to advance the endeavor; and that overall benefit of waiving the job offer requirement outweighs its absence. Expert opinion letters can address the first and third prongs, providing external, field‑recognized support for claims that otherwise rest only on self‑narrative or less objective materials. USCIS’s updated policy makes clear that letters of support (including expert opinion letters) are considered in aggregate when deciding NIWs.Conclusion

Expert Opinion Letters are not just “nice to have”—they can make‑or‑break visa petitions.

When well‑crafted, they help bridge gaps between technical achievements and the standards USCIS applies.