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Previous Employer Not Willing to give Experience Letter

Atlanta, GA |

Hi,

One of my previous employers is not willing to give me any experience letter, stating that it is the company policy that if you leave before 12 months you can not have one. I need the experience letter for my Green Card, I140 application. Infact I am being told that I may need it before PERM as well. My question is, why is it that an experience letter is a mandatory document from USCIS, while the employer is not liable to give one? Shouldn't I be able to get the experience letter from my previous employer via any laws ?

Attorney Answers 4

Posted

It is not a law that a company must provide an experience letter. And it is acceptable for a company to have a 12 month policy in place about providing an experience letter.

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Posted

Repeat question. Previously asked and answered multiple times already. Again, no, an employer does not have any legal obligation to provide the former employee with the work experience letter if it chooses not to do so or if that is the company's policy. The letter confirming employment or work experience is necessary in all PERM and ensuing I-140 petitions where the alien/beneficiary needs to show adequate work experience in increasingly more responsible positions as proof that alien does meet the " minimum" requirements of the job offer in question.

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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2 lawyers agree

Posted

There is no law that requires an employer to provide an experience letter. The best you can do is get your lawyer to draft a detailed explanation of what you did for that employer. It should also explain that since you left that job before one year, no experience letter will be forth coming. Icing on the cake would be see if the personnel or human resources department will conform that you worked there during a specific period of time.

This response is provided for informational purposes only. It is not legal advice and does not create an attorney-client relationship. Questions and answers posted to this forum are public and cannot be kept confidential. Although admitted to the District of Columbia Bar, I currently reside in Texas and I am authorized to practice U.S. immigration law worldwide..

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1 lawyer agrees

Posted

Get a letter from Co/workers and provide secondary evidence of your job. Talk to an experienced immigration attorney about this. It's a common problem.

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