What to Know About Filing a Form I-140 EB-2 NIW Petition

If you’re an immigrant seeking to work in the United States in a profession that requires an advanced degree, you may qualify for an EB-2 National Interest Waiver (NIW). An EB-2 NIW allows you to bypass the labor certification process and self-petition for permanent residency, but it requires a thorough application process. Here’s what you need to know about filing a Form I-140 EB-2 NIW petition:

1. Determine your eligibility: To qualify for an EB-2 NIW, you must demonstrate that you have an advanced degree or exceptional ability in your field, that it is in the national interest for you to remain in the United States, and that you plan on continuing working in your field in the United States.

2. Gather supporting documentation: You’ll need to provide evidence demonstrating your qualifications, contributions to your field, and the national interest of your work. This may include letters of recommendation, publications, patents, or other relevant documentation.

3. Submit Form I-140: File Form I-140, Petition for Alien Worker, along with your supporting documentation and filing fee. Be sure to review and follow all instructions and guidelines provided by the US Citizenship and Immigration Services (USCIS).

4. Wait for a decision: The USCIS will review your petition and supporting documentation and notify you of its decision. This process can take several months or longer.

Tips for Filing a Form I-140 EB-2 NIW Petition:

1. Provide thorough and detailed documentation: The strength of your case relies on the quality of your documentation. Be sure to provide detailed information and use specific examples to demonstrate your qualifications and contributions to your field.

2. Seek legal assistance if necessary: Filing a Form I-140 EB-2 NIW petition can be complex, so consider seeking legal assistance from an immigration attorney if needed.

3. Stay up-to-date on changes and requirements: EB-2 NIW requirements and processes can change over time, so be sure to stay up-to-date on any changes that may affect your petition.

4. Be patient: Processing times can vary, and it may take several months or longer to receive a decision on your petition. Be patient and continue to gather any additional documentation or information that may be requested by the USCIS.

Conclusion:

Filing a Form I-140 EB-2 NIW petition can be a challenging process, but it’s an important step in obtaining permanent residency in the United States. By carefully reviewing eligibility requirements, providing thorough documentation, seeking legal assistance if necessary, and staying up-to-date on any changes or requirements, you can increase your chances of a successful petition.