What is a letter of intent for EB-1A and O-1?
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The answers below are translated from the original Russian - the language of the community chats.
The lawyers said there is no single form. Ideally, a job offer, but you can also write just a letter of intent. To strengthen it, you could specify the approximate position, whether full-time, work location with an address in the USA, to clarify that it's not a remote position. But it can be in any form that's convenient for the employer: if you push too hard, they may not provide anything at all.
I tried to find something in fintech, but I couldn't manage it. You need someone from your circle to be the hiring manager, as this is effectively an offer: it only differs by one paragraph from an offer. If you get a letter of intent cold, you need to go through an interview and get an offer. For EB-1A, this is not a mandatory requirement, so I gave up.
There was a similar situation. In my case, the company did not want to sign a deal memo because it was closer to a contract in terms of wording, and instead offered to sign a letter of intent, which is less binding. A letter of intent is mainly a term used for EB-1; for O-1, these same letters are called deal memos: they refer to the same thing but have different names. It depends on the lawyer's strategy; a deal memo is a more specific offer.
I got my letter of intent after sending about three hundred messages on a professional network: I stated my specialization and my intention to immigrate to the USA, and asked if my experience would be of interest to their company, sending five to seven inquiries in total. I wrote to product managers and company leaders in my niche. In the end, a Russian-speaking technical director from one of the companies contacted me.
My lawyer also specifically asked for a letter of intent: saying they would be happy to work with such a specialist. This is not a contract or an offer, but you can get something like this through acquaintances and friends of friends. It's not mandatory, but many good lawyers insist on it. I succeeded with my case. And remember, they check: there was a case where a recommendation letter had to be confirmed by the recommender.
The answers are anonymized community experience from the public chats, not legal advice. Officers may decide similar cases differently.
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A reference page built from community experience, not legal advice. Requirements and practice change - verify on uscis.gov.
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