If an HR or recommendation contact is unavailable, document your efforts and examine the current verification options for your existing SIV case. An explanation of unavailability does not automatically replace required employment verification or a qualifying recommendation.

Match the missing record to the person who can verify it

  • Employment dates and payroll: identify the custodian of personnel or payroll records.
  • Supervision and performance: identify someone with actual knowledge of the work and the required role.
  • Company closure or reorganization: preserve reliable evidence explaining who now holds the records.
  • Unanswered government inquiry: document contact efforts without representing that an unverified letter is sufficient.

Relevant guidance: State Department: Current COM Approval Instructions.

Identify what is actually missing

A missing employer record is different from a person who has retired but can still be contacted. List the employer, relevant dates, project, job title, and the role of each potential contact. Explain whether the problem is access to records, signing authority, personal knowledge, or an unanswered government inquiry.

Keep copies of emails, returned messages, and employer instructions. If the company changed its name or transferred records, preserve reliable documentation connecting the old and new organizations.

Seek accurate evidence

Ask knowledgeable contacts to describe only what they can verify. Someone who managed payroll may know employment dates but not the quality of your work. Someone who supervised you may not control the company's historical personnel records. Different evidence may serve different purposes.

State Department instructions discuss statements of unavailability and limited government verification mechanisms. Those mechanisms are not guaranteed substitutes. Counsel should compare the available evidence with the current program requirements and the exact request in your case.

Keep corrections transparent

Review dates, name spellings, job locations, and titles across the old and new records. Explain discrepancies rather than asking a signer to copy an inaccurate earlier letter. Preserve original records even if a corrected document is obtained.

This article concerns document problems in an existing or otherwise eligible matter. It should not be read as a statement that a new COM filing is currently open. Confirm the applicable program deadline before deciding whether any new submission is available.

Frequently asked questions

Can a coworker sign as my supervisor?

Only accurate descriptions of the person's real role are appropriate. A helpful letter is not necessarily a qualifying recommendation.

Does an unavailable-letter statement guarantee approval?

No. Required facts still need to be established through a permitted verification process.

Related legal services

Learn about Special Immigrant Visas.

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Call 206-234-6883 or request an immigration intake. Initial intake is for screening; any paid attorney consultation is explained before it begins. If you have an urgent notice or deadline, identify it when contacting us.

Sources and further reading

The information on this website is for general informational purposes only and is not legal advice. Viewing this website, submitting a form, calling our office, or sending us information does not create an attorney-client relationship with Ehsan Law, PLLC. An attorney-client relationship is created only after Ehsan Law, PLLC agrees to represent you and both sides sign a written agreement. Past results do not guarantee future outcomes. Every case depends on its own facts, evidence, deadlines, and applicable law.