When requesting a PERM green card work experience letter from a previous employer for a PERM/ I-140 petition there are a few things to keep in mind.
Required elements of the PERM work experience letter:
#1 The letter must be on the organization’s letterhead.
#2: The letter must be signed and dated by either an HR representative or a senior officer (VP, President, CEO, etc).
#3: The complete job title or job titles that you held must be listed.
#4: The complete job duties that you performed must be listed.
#5: Any tools (ie Software tools) that you used must be listed.
#6: Exact dates of employment (mm/dd/yyyy to mm/dd/yyyy).
So in summary, in order for your work experience letter for a PERM petition to be compliant it needs to be on organization letterhead that needs to include your name, your job title, your exact dates of employment (mm/dd/yyyy to mm/dd/yyyy), your job duties, any tools that you used and it must be signed by either in HR team member HR manager HR director or a senior officer such as a vice president president or CEO.
You may ask why do I need to get a work experience PERM work experience letters important for PERM and I-140 employer-sponsored green card petition?
The answer is if your employer requires work experience or requires a certain type of work experience or proficiency in a certain type of software then you need to prove that you possess that experience or software proficiency prior to joining the employer that is filing a perm and I-140 petition.
So for example if your current employer who is sponsoring you for the perm position requires two years of experience and proficiency and Microsoft project web server SharePoint services, C# and VB.Net, then your previous employer work experience letter has to include those software tools and that time period: At least two years of experience and proficiency in the specific software tools otherwise you risk a denial letter at the I-140 stage.
Secondary Evidence – Affidavits:
Many people ask us if there is another option for example if the previous employer went out of business or if they are not responding to your request what do you do how do you prove that you worked at the company for the time that you did it and how do you prove that you performed specific job duties and use specific tools. Paragraph
There is an option to prepare and submit secondary evidence that and be used as proof that you were actually employed at that organization for that period of time performing the duties that you did.
It involves obtaining an affidavit from either a previous supervisor or coworker who is familiar with your position at the company or organization and when you worked there.
You can click here for a sample affidavit.
It should include other proof that you worked there such as a W-2 (or foreign equivalent) or an exit letter when you were terminated when you entered your employment
Please be aware that these affidavits are not always accepted by USCIS.
You definitely want to exhaust all possibilities of obtaining the actual work experience letter first.
Only use the affidavits if you absolutely cannot get the work experience letter.
Sample PERM Work Experience Letter for PERM / I-140 petitions:
Re: Mr. Atul Ganga Employment Confirmation
Mr. Atul Ganga was employed full-time with our organization from 06/01/2016 to 07/15/2019 as an IT Project Manager.
His duties included leading and managing multiple large projects, advising customers on best practices for Exchange server implementation of Messaging environment, specifying user interface design & architecture, and writing specifications for customizations and system integration.
He used the following tools/technology:
O365 and Exchange server 2016
Lotus Notes, Pre-flight, Staged migration, Batch migration Tool, Mwatch, Visual studio Team
foundation server, VB script, C#, VB.net
Active Directory, IIS, DNS, DHCP, Group policy, dSMS
Microsoft Project, Excel, Word, and Visio, Symantec NetBackup
Please feel free to contact me if I may be of further assistance.
Shanti Sudakar, Vice President