NIH staff members may not write letters of reference/recommendation
to (or for submission to) another federal agency in support of visa
or Green Card applications (except as noted below). You may write a
recommendation on NIH letterhead for any individual who applies for
federal employment.
March, 2005
To: IC Directors, Scientific Directors, Intramural Administrative Officers, HR Branch Chiefs
From: Deputy Director for Intramural Research
Subject: Signature Authority at NIH on Immigration Matters Involving Foreign Scientists
Owing to changes in organizational structures and other factors, and
with legal advice from the Office of General Counsel, the following
policies and process will supersede all previous issuances on this
subject, including my December 20, 1999 memorandum, entitled
Letters in Support of Visa Actions.
Letters of reference/recommendation may not be written by NIH staff
to or for submission to another federal agency in support of visa or
Green Card applications (except as noted below), but may be written
on NIH letterhead for any individual who applies for federal
employment.
Specific Examples
Example 1. Letters in support of visa, extension, or green card:
You are requested (by an individual, by his/her attorney, or by an
institution) to write a letter that you or the requestor will send to
the Department of Homeland Security, United States Citizenship and
Immigration Services (DHS-USCIS), or other federal agency (e.g. HHS
Waiver Review Board), supporting a petition for a visa, extension, or
Green Card.
Allowed: You may send the requestor copies of any performance
evaluations ("form of evaluation") which you previously prepared
describing the person's relative skills, performance, development,
etc. (see: http://www1.od.nih.gov/oir/sourcebook/ethic-conduct/evaluation.htm),
or copies of any letters of reference you previously wrote to
evaluate his/her suitability for a job at another institution. The
recipient could then use these documents, as they may describe all
the essential information about the person's qualities,
qualifications, and contributions.
Not allowed: You cannot send a letter of recommendation or
support on behalf of another individual to or for submission to any
government agency, whether on NIH letterhead, or on plain stationery
or personal letterhead.
Why: A criminal statute, 18 USC § 205, prohibits a
federal employee from making representations on behalf of another
before or to a federal entity (except in relation to federal
employment).
Exception: An official letter may be written by a high level
NIH official (IC Director, Scientific Director, or above) as part of
the official agency (e.g. NIH) sponsorship of a candidate for NIH
employment, and submitted by the Division of International
Services-Office of Research Services (DIS-ORS), NIH, to the
DHS-USCIS. DIS-ORS is the only office at NIH authorized to
communicate with other agencies on immigration matters.
Example 2. Official request for waiver, green card or other
immigration information: The DHS-USCIS or Department of State
(DOS) contacts you to obtain information about the qualities and
qualifications of a current or former postdoctoral fellow in your NIH
lab or branch.
Allowed: You may write such a letter on NIH letterhead in
response to such a written request from another government agency.
Your response must be conveyed through the Division of International
Services, Office of Research Services (DIS-ORS), which is the only
office at the NIH authorized to deal directly with other government
agencies on such matters.
Why: The request is made officially from one government
agency to another, and would be transmitted by the DIS-ORS as an
official NIH communication. The statute does not prohibit official,
agency cooperation and communication.
/s/ Michael M. Gottesman, M.D.