H-1B Expert Opinion Letter: What You Need to Know

When preparing an H-1B petition, whether in response to an RFE or from the start, an Expert Opinion Letter can be pivotal in securing approval. These letters are crucial for validating the beneficiary's qualifications and the job requirements. However, there is a lack of consistency in terminology across different evaluation companies and legal providers, which can create confusion. For example, a letter that addresses both the position and the beneficiary’s qualifications might be called a "Combination Letter" by one provider, but referred to as a "Comprehensive Analysis" elsewhere. This inconsistency can make it challenging for petitioners to understand exactly what each letter offers and how it aligns with their needs.

In this blog, we’ll break down the different types of Expert Opinion Letters — position-focused, beneficiary qualifications-focused, and combination letters — and explain when each is most appropriate for your petition. We’ll also explore how these letters address common challenges, such as the Specialty Occupation and Beneficiary Qualifications issues often raised in RFEs. Understanding these distinctions will help you select the right Expert Opinion Letter to support your petition effectively. For more in-depth information about the H-1B process and the role of academic evaluations, check out our other blog, Unlocking H1B Visa Opportunities: The Vital Role of Academic Evaluations.

Basic Overview

In many H-1B cases, Specialty Occupation and Beneficiary Qualifications are two of the most common challenges raised during an RFE. Position analysis letters, such as Specialty Occupation Analysis Letters, are specifically designed to address the Specialty Occupation challenge by confirming that the job meets the criteria for a Specialty Occupation under USCIS guidelines. On the other hand, Beneficiary Qualifications Letters, including Work Experience Evaluations, are focused on proving that the candidate’s qualifications — whether academic or professional experience — meet the standards required for the position. These letters are designed to directly address concerns about whether the beneficiary has the appropriate credentials. A Combination Letter, which combines both analyses, can be useful when both aspects of the petition need to be addressed comprehensively, ensuring that both the job and the candidate’s qualifications are fully supported.

Position-Focused Letters

Position-focused letters focus on the job or role associated with the H-1B petition. These letters may include:

• Specialty Occupation Analysis Letters: These argue that the position meets the minimum criteria to be considered a Specialty Occupation under H-1B guidelines.
• Wage Level Analysis Letters: These letters support the wage level classification chosen on the Labor Condition Application (LCA).
• SOC Letters: These support the alignment of the position with the chosen Standard Occupational Classification (SOC) code used on the LCA.

Many companies offer a package that combines multiple position-focused analyses, such as the Specialty Occupation Analysis, along with Wage Level and/or SOC Analysis.

Beneficiary-Focused Letters

Beneficiary-focused letters focus on the qualifications of the individual applying for the H-1B visa. Some common types of beneficiary letters include:

• Work Experience Evaluations: These letters are among the most common and well-known types. Often referred to as "Combo Letters," they combine academic qualifications and work experience to establish degree equivalency for the H-1B position. Under USCIS guidelines, the 3:1 rule allows three years of relevant work experience to be considered equivalent to one year of undergraduate coursework in the same field.

Work Experience Evaluations have specific requirements. The letter must come from a university professor at an accredited U.S. university that has a Prior Learning Assessment (PLA) program. The professor must be familiar with the PLA program and have the authority to grant college credits for professional experience, though the letter does not directly grant credit. The goal is to demonstrate that the candidate’s experience is comparable to university-level coursework.

• Beneficiary Qualifications Letters: These letters can be divided into those that focus solely on academic qualifications and those that combine academic qualifications with work experience. They aim to demonstrate that the candidate’s education and/or experience meet the requirements of the H-1B position.

The key distinction between a Work Experience Evaluation and a Beneficiary Qualifications with Experience letter is that the latter contextualizes the candidate’s experience within the specific H-1B position. It demonstrates how the individual’s qualifications align with the job requirements, whereas the Work Experience Evaluation focuses purely on evaluating the academic and professional experience without addressing the specific position.

Combination Letters

Combination Letters are comprehensive documents that merge both the position analysis and beneficiary qualifications analysis into one cohesive letter. These letters are particularly valuable when petitioners need to address all aspects of an H-1B petition simultaneously, providing a holistic overview of the job position and the candidate’s qualifications within a single document.

The position analysis section of a Combination Letter evaluates whether the job meets the criteria for a Specialty Occupation under H-1B guidelines. It may also include an analysis of the wage level, the Standard Occupational Classification (SOC) code, and how these align with the job description provided in the Labor Condition Application (LCA). This section ensures that the position meets the necessary standards for the visa and justifies why it qualifies as a Specialty Occupation.

The beneficiary qualifications analysis portion of the Combination Letter assesses the candidate’s academic and professional qualifications to determine if they meet the requirements for the job. This analysis may include a review of the beneficiary’s degree, work experience, and other relevant credentials. If necessary, it may also demonstrate how the candidate’s qualifications align with the specific requirements of the H-1B position.

Combination Letters are often used when petitioners need to present both elements — position and qualifications — in a unified manner to meet USCIS requirements. By combining both analyses into a single letter, the petition becomes more streamlined and efficient, as it consolidates all relevant information in one document. This can be especially useful in cases where both the position requirements and the beneficiary’s qualifications need to be clarified or further supported.

Strategy in Choosing an Expert Opinion Letter

Selecting the right Expert Opinion Letter goes beyond simply opting for a comprehensive combination letter that covers all aspects of the petition. While it may seem like a safe bet to order a detailed letter for your initial H-1B petition filing, there are strategic reasons why you might want to wait. In many cases, it is more efficient and cost-effective to only order an Expert Opinion Letter if and when an RFE (Request for Evidence) is issued, as this may be the point where additional documentation is explicitly required.

RFEs often arise when the USCIS determines that certain elements of the petition require further clarification or support. In such instances, the petitioner is already in a position where they need to provide additional evidence to strengthen the case. Ordering an Expert Opinion Letter only in response to an RFE ensures that the letter addresses specific gaps or concerns identified by USCIS, making it more targeted and relevant to the petition’s needs.

Attorneys and petitioners should carefully assess the case to determine whether an Expert Opinion Letter is necessary from the outset or whether it’s better to wait until an RFE is issued. This approach can help reduce unnecessary expenses and streamline the process, as ordering multiple letters upfront without knowing what additional evidence might be requested could result in extra work and costs that might not even be needed. Moreover, strategically ordering the letter when requested can ensure that it directly addresses USCIS concerns, making it more likely to be accepted.

It’s essential to evaluate the particular needs of each H-1B case based on the job position, the beneficiary’s qualifications, and the specifics of the petition. Attorneys should provide clear guidance to their clients, helping them understand when it is prudent to order an Expert Opinion Letter and when it might be better to wait. Ultimately, the goal is to ensure that the petition has the right supporting documentation at the right time, which can greatly enhance the chances of approval.

Decision Tree: Choosing the Right Expert Opinion Letter from MotaWord

Our online ordering portal is available 24/7 at motaword.com/quote/evaluation, where you can easily order any Expert Opinion Letter you require. Below is a simplified guide to help you select the right H-1B Expert Opinion Letter from the Evaluation Service Selection drop-down menu.

Expert Opinion Letters Increase Your Chances in H-1B Petitions

The right Expert Opinion Letter plays a pivotal role in the H-1B petition process, but selecting the appropriate type requires careful thought. Different situations call for different letters — whether focusing on the position, the beneficiary's qualifications, or a combination of both. Each letter type serves a distinct purpose, and understanding your case’s specific needs ensures you’re not over-preparing or under-preparing. For example, some cases might benefit from waiting until an RFE is issued to order additional letters, rather than filing everything upfront.

Strategically approaching the need for Expert Opinion Letters can not only streamline the petition process but also help reduce unnecessary costs. Knowing when to request a comprehensive Combination Letter or when to focus on specific elements, like a Specialty Occupation or Work Experience Evaluation, will make the process more efficient. With a solid understanding of your petition’s requirements and access to the right resources, the process of choosing the correct letter becomes more straightforward, leading to a stronger H-1B petition overall.

If you're unsure which letter is best for your case, our team at MotaWord is here to help. Reach out through our website's chat for personalized guidance and assistance in selecting the perfect Expert Opinion Letter for your petition. Let us help you navigate the process with confidence.

Mark Rogers - Head of Evaluation Services at MotaWord

Mark is a credentials evaluator expert with over five years of experience in the industry. Throughout his career, Mark has demonstrated a keen attention to detail and a thorough understanding of international education systems, contributing to his reputation as a trusted authority in the field of credentials evaluation.