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How to File an EB-2 NIW (National Interest Waiver) Case

To file an EB-2 NIW (National Interest Waiver) Case, you need to fill an I-140 form (Immigrant Petition for Alien Workers) and send the petition materials, including your I-140 form (for paper-based filing), ETA 750 B form (see Instructions for Completing the ETA 750B Application for Alien Employment Certification), petition letter, reference letters and all other evidence supporting your case to the service center based on your jurisdiction.

  1. Where Should you Send your EB-2 NIW (National Interest Waiver) Petition Package:

    You may find the detailed mailing instructions on the USCIS webpage here.


  2. How Should You Complete the Form I-140 and Correctly Answer all the Questions on the Form

    I-140 Form is used for Immigrant Petition for Alien Workers. People filing under the categories of EB-1 Alien of Extraordinary Ability, EB-1B Outstanding Researcher/Professor and EB-2 NIW (National Interest Waiver) need to fill out the form and file the case to the USCIS with the supporting evidence. The I-140 form will be the first thing immigration officers examine to get basic information about the case. Hence it is essential to answer all the questions on the form correctly. Any inaccurate information provided may lead to RFE (Request for Evidence) or even case denial.

    This article intends to explain in detail how to answer the questions correctly and provide the most accurate information on your I-140 immigration petition form.


  3. How To Organize Exhibits for an I-140 Petition Filed Under EB-2 NIW

    General Instructions

    In preparing the package of supporting materials for your I-140 petition, the following are general instructions:

    1. Do not use binders or folders that cannot be easily disassembled.
    2. Use ACCO fasteners to hold together thick or bulky applications or petitions. (See here for an example of an ACCO fastener)
    3. Use tabs to assist the USCIS officer in locating items listed as attachments. Put the Exhibit number on the tab. The tabs should be placed on the bottom of the exhibit divider page (not the side) for ease in filing.
    4. Do not use staples; instead use ACCO fasteners or heavy clips.
    5. Avoid submitting originals unless specifically required. Avoid submitting oversized documentation when possible.
      • USCIS no longer routinely requires submission of original documents or "certified copies." Instead, ordinary, legible photocopies of such documents are acceptable.
      • At the discretion of the officer, original documents may still be required in individual cases.
      • If you submit original documents when not required, they may remain part of the record and will not automatically be returned to you.
    6. Submit certified translations for all foreign language documents. The translator must certify that s/he is competent to translate and that the translation is accurate. The USCIS website provides the following guidance regarding translations:

      The certification format should include the certifier's name, signature, address, and date of certification. A suggested format is:

      Certification by Translator

      I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

      Signature_________________________________
      Date
      Typed Name
      Address
    7. Use a sheet of colored paper that includes the exhibit number and a brief description of the following documents to separate each exhibit.
    8. Highlight your name in relevant portions of long documents, such as media articles about your work.
How to Assemble an I-140 Petition Package
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