The EB-2 visa is a highly sought-after employment-based pathway for individuals with advanced degrees or exceptional abilities in their fields. Within this category, the National Interest Waiver (NIW) offers a unique opportunity to bypass the usual job offer and labor certification requirements, allowing applicants to self-petition. This guide provides a detailed breakdown of the EB-2 NIW process, eligibility, and application requirements, while offering new insights and tips to make your case stronger.
Understanding the EB-2 NIW Visa
The EB-2 visa classification caters to two main subcategories of applicants:
1. Advanced Degree Holders
2. Individuals with Exceptional Ability
Both require that your work aligns with U.S. national interests or fulfills a labor demand. Here’s a closer look at these subcategories:
Eligibility Criteria
1. Advanced Degree
Applicants in this category must hold a U.S. advanced degree (master’s or doctorate) or a foreign equivalent degree, which can fulfill the educational qualifications for the EB-2 NIW visa. Alternatively, a bachelor’s degree plus five years of progressive work experience in the field is also considered equivalent.
Required Evidence:
- Official academic record showing the degree, including official academic transcripts confirming the degree.
- Letters from employers verifying at least five years of post-bachelor’s progressive experience.
- For roles requiring a doctorate, evidence of a U.S. or foreign equivalent doctoral degree.
2. Exceptional Ability
This category is for individuals with expertise that significantly exceeds what is ordinarily encountered in their field, such as sciences, arts, or business.
Evidence Criteria (At Least 3 Required):
- Academic records such as degrees, diplomas, or certifications.
- Letters from employers documenting at least 10 years of full-time work experience.
- Licenses or certifications to practice your profession.
- Evidence of commanding a high salary, reflecting exceptional ability.
- Membership in professional associations.
- Recognition of achievements by peers, government entities, or professional organizations.
- Comparable evidence of eligibility if traditional criteria do not apply.
Labor Certification Requirements and Waivers
In most EB-2 cases, the employer must secure a Labor Certification from the Department of Labor (DOL). This certification confirms that no qualified U.S. workers are available for the role and that employing a foreign worker won’t negatively impact wages or working conditions for U.S. workers.
Labor Certification Types:
- General Permanent Labor Certification:
The employer files a certified ETA Form 9089 with the DOL and submits it to USCIS. - Schedule A Blanket Labor Certification:
Reserved for individuals with exceptional ability (e.g., nurses, physical therapists) and those with international acclaim. Employers submit an uncertified ETA Form 9089 directly to USCIS.
National Interest Waiver (NIW):
With the NIW, applicants can bypass the labor certification requirement by demonstrating that waiving it serves U.S. national interests. This self-petition option eliminates the need for an employer altogether.
What is the National Interest Waiver (NIW)?
The NIW is designed for professionals whose work benefits the United States significantly. Applicants must meet a three-prong test established by USCIS to qualify.
Three-Prong Test for NIW
1. Substantial Merit and National Importance:
o The proposed work must have significant potential benefits to U.S. interests, such as economic growth, education, health, technology, or societal welfare.
o The endeavor doesn’t need nationwide impact—it can have localized importance, such as job creation in an underserved region.
o The work should address national challenges in fields like technology, healthcare, or environmental conservation.
o Examples: Developing renewable energy technologies, advancing public health solutions, or innovating in STEM education.
2. Well-Positioned to Advance the Endeavor:
o Provide evidence of your expertise, past achievements, and a clear plan to continue impactful work in the U.S.
o Supporting evidence: Publications, patents, professional endorsements, or leadership roles in your field.
3. On-Balance Benefit to the U.S.:
o Show that waiving the job offer and labor certification requirement will benefit the U.S. more than adhering to it.
o Example: Demonstrating how your work addresses urgent needs or fills gaps in critical industries.
Features of the EB-2 NIW Visa
- Direct Path to Green Card: Provides a pathway to lawful permanent residency.
- No Job Offer Needed: Self-petition without relying on employer sponsorship.
- No PERM Certification: Skip the lengthy labor market test proving no qualified U.S. workers are available for your role.
- High Approval Rates: Over 80% of applications are approved annually.
- Unlimited Work Freedom: Once approved, work in any field, anywhere in the U.S.
- Family Benefits of the EB-2 Visa: If your EB-2 petition is approved:
Your spouse may apply for admission under E-21 status.
Unmarried children under 21 can apply under E-22 status.
Family members are eligible for green cards, allowing them to live, work, and study in the U.S.
What Makes the EB-2 NIW Accessible?
While the eligibility criteria may seem daunting, securing an EB-2 NIW can be easier than you think. U.S. Citizenship and Immigration Services (USCIS) judges applications on a case-by-case basis, allowing applicants to present evidence tailored to their unique qualifications.
Who Benefits?
- Entrepreneurs launching innovative businesses.
- Scientists driving technological or environmental progress.
- Healthcare Professionals addressing critical shortages.
- Educators and Researchers advancing knowledge in vital fields.
How to Apply for the EB-2 NIW Visa
1. File Form I-140
- Complete the Immigrant Petition for Alien Worker (Form I-140).
- Include supporting evidence:
- Proof of qualifications (degrees, certifications).
- Evidence aligning your work with U.S. national interest.
2. Include Supporting Documents
- Label and organize all evidence clearly to support both visa eligibility and the national interest waiver. Examples:
- Detailed job descriptions or business plans.
- Letters of recommendation from experts in your field.
- Patents, awards, or published works.
- Proof of economic or social impact.
3. Pay Filing Fees
- Current I-140 fee: $715 (effective April 2024).
4. Submit the Application
- Mail the form and evidence to the appropriate USCIS service center based on your intended work location.
5. Track Your Case
- USCIS issues a receipt notice (Form I-797) with a tracking number to monitor your case online.
How to Apply for EB-2 National Interest Waiver (NIW)
Applying for the EB-2 NIW involves several critical steps, including eligibility evaluation, preparation of supporting documents, form submission, and navigating USCIS adjudication. Below is a detailed guide to the application process, including forms, fees, timelines, and tips for success.
Step 1: Determine Eligibility
To qualify for the EB-2 NIW, you must meet one of the following criteria:
- Advanced Degree: Hold a U.S. master’s degree or higher, or its foreign equivalent. Alternatively, hold a U.S. bachelor’s degree with at least five years of progressive work experience.
- Exceptional Ability: Demonstrate expertise significantly above that typically encountered in your field by meeting at least three of six USCIS criteria (e.g., awards, recognition, high salary).
Additionally, your case must satisfy the three-prong test established in Matter of Dhanasar:
1. Your proposed endeavor must have substantial merit and national importance.
2. You must be well-positioned to advance the endeavor.
3. Waiving labor certification must benefit the U.S.
Step 2: Gather Supporting Documents
A robust set of supporting documents strengthens your case. Include:
1. Personal and Professional Evidence:
o Copies of academic degrees and transcripts.
o Work experience letters detailing roles and responsibilities.
o Documentation of licenses or certifications.
2. Exceptional Ability Evidence (if applicable):
o Proof of awards, memberships, publications, or high salaries.
3. Evidence of National Interest:
o Research publications, patents, or endorsements demonstrating your work’s significance.
o Recommendation letters from independent experts and organizations in your field.
4. Petition Letter:
o A detailed statement explaining how your work satisfies the Matter of Dhanasar test.
5. Family Documents (if applying for dependents):
o Birth certificates and marriage certificates to prove eligibility of spouse and children under 21.
EB2 NIW Application Package and Forms to be Completed
Applying for an EB-2 National Interest Waiver (NIW) involves a series of forms and associated fees, which vary depending on individual circumstances and filing timelines. Below is a comprehensive guide outlining the necessary forms, their purposes, and the relevant fees, including recent updates from U.S. Citizenship and Immigration Services (USCIS).
Initial Petition Submission
Form I-140: Immigrant Petition for Alien Workers
Purpose: To petition for classification as an immigrant worker under the EB-2 NIW category.
Filing Fee: $715.
Asylum Program Fee:
§ Regular Petitioners: $600.
§ Nonprofit Organizations: $0.
§ Small Employers (25 or fewer full-time employees): $300.
§ Individual Self-Petitioners: $300.
Total Fee: Varies based on petitioner category; for example, a regular petitioner would pay $1,315 ($715 filing fee + $600 Asylum Program Fee) or 1015 ($715 filing fee + $300 Asylum Program Fee)
Form I-907: Request for Premium Processing Service (Optional)
o Purpose: To expedite the processing of Form I-140.
o Filing Fee: $2,805.
Note: Ensure payment is accurate and aligns with USCIS requirements. Payments can be made via check, money order, or Form G-1450 (credit card authorization) and it the card or check should be issued by a U.S bank.
Checklist of Required Documents for Form I-140
1. Immigration Forms
- Form G-1145: Request for e-Notification of Application Acceptance.
- Form I-140: Fully completed, signed, and dated.
- Form I-907 (if opting for premium processing).
- Form ETA 750B or ETA 9089: Uncertified, for EB-2 NIW applicants.
- Forms I-485, I-765, and I-131 (if concurrently filing adjustment of status in the U.S.).
2. Filing Fees
- Payment of $715 for Form I-140 filing fee.
- Asylum Fees of $ 300 or $ 600
- Additional $2,500 for premium processing (optional).
3. Previous Immigration Documents (if applicable)
- Most recent Form I-94.
- DS-2019 and I-20 forms (if on F, J, or M visa).
- Employment Authorization Document (EAD) cards.
- USCIS Form I-797 approval notices.
4. Identity Documents
- Copy of your passport, including the biographical page and U.S. visa(s).
- Birth certificate (with English translation if applicable).
5. Education and Credentials
- Degrees, transcripts, and certifications (U.S. or foreign equivalent).
- Professional licenses (if applicable).
6. Advanced Degree or Exceptional Ability Evidence
Provide one of the following:
- Proof of a U.S. advanced degree (or equivalent foreign degree).
- Bachelor’s degree with 5+ years of progressive post-baccalaureate experience.
- Evidence of exceptional ability (meet at least three of these criteria):
- Academic records.
- Letters confirming 10+ years of full-time experience.
- Professional licenses.
- High salary as evidence of exceptional ability.
- Membership in prestigious professional associations.
- Recognition through awards or significant contributions.
7. Substantial Merit and National Importance
- Cover letter explaining the endeavor’s national importance.
- Evidence of national or global impact.
- Documents showing potential to create jobs or enhance U.S. welfare.
- Articles, awards, and expert endorsements.
8. Applicant’s Ability to Advance the Endeavor
- Contracts, agreements, and licenses tied to your work.
- Proof of patents, trademarks, or copyrights.
- Evidence of your achievements, such as publications or media recognition.
- Letters of support from experts and stakeholders in your field.
9. Benefit to the U.S.
- Evidence showing why securing a U.S. job offer is impractical.
- Documentation of how your work benefits the U.S. economy or society.
10. Evidence of Ongoing Work in the Same Field
- Employment contracts or letters.
- Proof of clients or customers if self-employed (Letter of Interest from potential clients)
- Business plans and promotional materials.
11. Documents for Dependents (if applicable)
- Marriage certificate for a spouse.
- Birth certificates for children under 21.
Payment Methods:
Choose one of several methods of payment:
A check or money order:
- Dated with U.S. date format: MM/DD/YYY
- e.g., 01/11/2024 = January 11, 2024
- Payable to the U.S. Department of Homeland Security
- In U.S. dollars and drawn from a U.S. bank
- If submitting more than one form at the same time, pay each filing fee separately to ensure proper intake processing.
Form G-1450, Authorization for Credit Card Transactions:
- Visa, MasterCard, American Express, or Discover are accepted.
- Provide a separate payment for each form. You cannot submit one Form G-1450 to pay the fees for multiple applications.
How to Pay USCIS Fees with a Credit Card by Mail
Paying USCIS filing fees and biometric service fees using a credit card is a convenient option for many applicants. This method is straightforward and requires careful adherence to USCIS guidelines. Below is a comprehensive guide to help you understand and successfully process your credit card payment when filing by mail.
Who Can Use This Option?
- Eligibility: Applicants filing their forms by mail with a USCIS lockbox or service center.
- Restrictions: Only credit cards issued by U.S. banks are accepted. Credit cards issued by foreign banks cannot be used.
Accepted Credit Cards
USCIS accepts the following major credit cards:
- Visa
- MasterCard
- American Express
- Discover
Important Note:
- Ensure your card has sufficient funds to cover the fee.
- If your card is declined, USCIS will reject your application, petition, or request. They will not attempt to process the payment again.
How to Pay with a Credit Card
To pay your USCIS fees with a credit card, follow these simple steps:
1. Complete Form G-1450
o Use Form G-1450, Authorization for Credit Card Transactions to authorize the payment.
o Fill in all required fields accurately, including your credit card information and signature.
o Double-check that the cardholder’s name matches the name on the card.
2. Submit with Your Application
o Place Form G-1450 on top of your application, petition, or request.
o Bundle it securely with your filing materials to prevent loss or misplacement.
What Happens Next?
- Payment Processing: If your filing is accepted, USCIS will charge your credit card for the exact fee amount.
- Destruction of Form G-1450: To protect your credit card information, USCIS will destroy the form after processing your payment, even if your filing is rejected.
Key Advantages of Paying by Credit Card
- Convenience: No need to obtain checks or money orders.
- No Extra Costs: There are no additional charges for using a credit card.
- Secure Handling: USCIS securely processes and disposes of your credit card information, ensuring your data is protected.
Tips for a Successful Credit Card Payment
- Sufficient Funds: Confirm that your credit card has enough credit to cover the fee.
- Use a Valid Card: Double-check the expiration date and card details before submitting.
- Stay Informed: Monitor your credit card account to ensure the payment has been processed.
How to Build a Strong EB-2 NIW Petition: Writing an Effective Cover Letter
The EB-2 National Interest Waiver (NIW) petition is far more than submitting Form I-140 along with supporting documents. The cornerstone of a successful petition is a compelling cover letter that effectively narrates your qualifications, achievements, and how they align with the national interest waiver criteria. Since the adjudicating officer may lack in-depth knowledge of your field, your narrative must be clear, persuasive, and comprehensive.
This guide will help you craft an outstanding EB-2 NIW cover letter while addressing the three prongs set forth in the Matter of Dhanasar decision, which USCIS uses to evaluate NIW applications.
Key Elements of a Strong Cover Letter
- Tell Your Professional Story:
Your cover letter should explain your career journey, highlighting how you developed expertise in your field and how your work aligns with the national interest. - Simplify Technical Jargon:
Present your work in an accessible way to ensure it’s understood by someone unfamiliar with your profession. - Provide Evidence-Based Arguments:
Connect your narrative to the evidence provided, demonstrating your qualifications by a “preponderance of evidence” (more than 50% likelihood of being true). - Address the Three Prongs:
Your cover letter must clearly satisfy each of the three prongs required for NIW eligibility:
1. Substantial Merit and National Importance
2. Well-Positioned to Advance the Endeavor
3. On Balance, Beneficial to Waive Job Offer and Labor Certification Requirements
Prong 1: Substantial Merit and National Importance
The first prong focuses on the value of your proposed endeavor and its significance to the United States. Here’s how to craft a compelling argument:
Describe Your Proposed Endeavor
- Be specific about your field and what you intend to achieve. Avoid generic descriptions of your occupation.
- For example:
Instead of simply stating you are an “engineer,” explain that you are developing advanced renewable energy systems that could revolutionize U.S. energy independence.
Establish Substantial Merit
- Highlight how your work contributes to critical areas such as science, technology, healthcare, education, or the economy.
- Explain the potential benefits of your work, such as advancing human knowledge, improving public welfare, or solving pressing societal challenges.
Demonstrate National Importance
- Showcase how your work has a prospective nationwide or global impact.
- For example:
Localized projects like improving healthcare access in rural areas can qualify if they demonstrate broader implications for public health or policy advancements. - Include documentation like government reports, academic studies, or expert opinions supporting the national importance of your endeavor.
Prong 2: Well-Positioned to Advance the Proposed Endeavor
The second prong assesses your personal qualifications and ability to succeed in your proposed endeavor.
Highlight Your Credentials
- Provide a detailed overview of your education, skills, and professional achievements.
- Examples of evidence:
- Advanced degrees or certifications.
- Past accomplishments, such as patents, publications, or successful projects.
Showcase a Clear Plan for Success
- Present a model or strategy for how you will achieve your goals, supported by concrete steps and milestones.
- Demonstrate progress already made in your field, such as prior research, funding secured, or pilot projects launched.
Evidence of Support and Recognition
- Include letters of recommendation from industry experts, endorsements from government entities, or proof of interest from investors or collaborators.
- For example:
A university research team or a tech incubator supporting your Endeavor adds credibility to your claims.
Avoid Unsubstantiated Claims
- While you are not required to guarantee success, vague or hypothetical claims without supporting evidence can weaken your petition. Provide quantifiable data where possible.
Prong 3: Beneficial to Waive Job Offer and Labor Certification Requirements
The third prong balances the need for the national interest waiver against the typical labor certification process.
Emphasize Public Benefit
- Explain why granting the waiver benefits the United States more than requiring you to undergo the labor certification process.
- Examples include:
- Job creation through entrepreneurship.
- Addressing critical skill shortages in high-demand fields like STEM or healthcare.
Prove No Harm to U.S. Labor Market
- Demonstrate that your endeavor either supplements the U.S. workforce or creates new opportunities rather than displacing domestic workers.
- For example:
If you’re an entrepreneur, show how your business will create jobs for U.S. citizens.
Highlight Precedent Success
- Reference Administrative Appeals Office (AAO) cases where prongs 1 and 2 were satisfied, and the third prong was deemed met. This reinforces the idea that meeting the first two prongs strongly supports fulfilling the third.
General Tips for Crafting Your Petition
- Structure Your Cover Letter Logically:
Use clear headings and subheadings to organize your arguments around the three prongs. - Write Concisely:
Avoid overly lengthy narratives. Instead, use direct, impactful language supported by evidence. - Use Compelling Evidence:
Examples include:- Awards, grants, or patents.
- Media coverage of your work.
- Data on economic or societal impact.
- Avoid Redundancy:
Repetition can dilute your message. Focus on unique and relevant points for each prong.
Your EB-2 NIW cover letter serves as the backbone of your petition, weaving together your qualifications, achievements, and evidence into a compelling argument. By addressing each prong with precision and clarity, and presenting yourself as an asset to the United States, you can significantly enhance your chances of success.
Step-by-Step Instructions for Completing Form I-140
1. Ensure You Use the Latest Edition
Download the current Form I-140 from the USCIS website: https://www.uscis.gov/forms/all-forms. Outdated versions will be rejected.
2. Accurate and Complete Information
o Fill out all sections. Use “N/A” for non-applicable fields.
o Provide full names and addresses as per official documents.
3. Address and Contact Information
o Include a reliable U.S. mailing address for receiving USCIS correspondence.
4. Petition Type
o For EB-2 NIW, select Box 1.h.
5. Signature
o Sign the form in ink. Stamped or electronic signatures are not accepted.
Processing Times for Form I-140
- Regular Processing: 10.5 to 15.5 months, depending on the service center.
- Premium Processing: 45 calendar days for an additional $2,805 fee.
Tip: Use the USCIS Case Processing Times tool to monitor your application’s progress.
Filing the Form
- Mail to the Correct Address:
Filing addresses for Form I-140 vary by petition type and applicant location. Verify current addresses on the USICS Website. - Include All Required Documents:
Double-check the checklist to ensure no documents are missing. Missing or incomplete documentation can delay processing.
Additional Resources for EB-2 NIW Applicants
- USCIS Premium Processing Information
- https://egov.uscis.gov/
- Direct Filing Addresses for Form I-140.
Before sending your package to USCIS, make sure that all the forms you have completed are the current acceptable edition. The current acceptable edition can be found under the Edition Date section listed on each form’s webpage.
You can also find the edition date at the bottom of the page on the form and instructions. For each form that you are submitting, make sure that all pages are from the same form edition. If any of the form’s pages are from a different form edition, USCIS may reject your form.
Comprehensive Guide for Preparing USCIS Forms: Key Guidelines and Tips
Filing immigration forms with U.S. Citizenship and Immigration Services (USCIS) requires attention to detail and adherence to specific requirements. Following these steps ensures your application is processed smoothly without unnecessary delays.
1. Verify the Correct Form Edition
- Edition Date: The edition date is printed at the bottom of every form. Check the “Edition Date” section on the USCIS form page to confirm you are using the most current version.
- Outdated Forms: USCIS will reject submissions that use outdated editions of forms, so always verify before filing.
2. Carefully Review Form Instructions
Each USCIS form comes with a detailed set of instructions. Be sure to:
- Understand Fees: Filing fees can vary depending on the form and its purpose.
- Check Eligibility: Ensure you meet all eligibility criteria for the specific form.
- Determine Fee Waiver Eligibility: If applicable, review guidelines to see if you qualify for a fee waiver.
- Identify Mailing Addresses: Filing locations differ by form type and your geographic location. Verify the correct mailing address on the USCIS website.
3. Gather Necessary Supporting Documents
- Document Checklist: Identify and collect all required supporting documents listed in the form instructions.
- Certified Translations: If a document is not in English, include a complete English translation. The translator must certify that the translation is accurate and that they are qualified to perform the translation.
- Legible Copies: Submit clear and legible photocopies of official documents unless the original is specifically requested by USCIS.
4. Important Rules for Submitting Documents
- Original Documents: Only send original documents if USCIS explicitly requests them. Otherwise, they may be destroyed, and they will not be returned automatically.
- Mark Prior Filings Clearly: If including copies of previously filed applications, petitions, or USCIS notices (e.g., I-797 approval notices), mark them as “COPY” at the top of each page. This ensures they are processed appropriately.
- Avoid Duplication: Do not submit duplicate copies of forms or supporting documents unless instructed otherwise.
5. Formatting Requirements
- Paper Size: All forms and supporting documents must be submitted as single-sided, 8½ x 11-inch letter-size pages.
- Avoid Specialty Formats: Do not use binders, photo albums, scrapbooks, or digital media (e.g., USB drives or CDs) to present evidence, as USCIS cannot process these formats.
6. Additional Tips for Submission
- Number Pages: Consider numbering your support pages and including a total page count (e.g., “Page 1 of 10”) to keep your submission organized.
- Avoid Staples: Use paper clips or fasteners to group documents rather than staples, as USCIS may scan or duplicate your application.
Benefits of Following These Guidelines
By adhering to these USCIS requirements, you:
- Reduce the risk of delays due to incomplete or incorrect submissions.
- Ensure your application is reviewed accurately by USCIS.
- Minimize the chance of having your documents returned or rejected.
Proper preparation and organization of your USCIS filing package demonstrate attention to detail and increase the likelihood of a smooth processing experience.
Multiple/Combined Applications
You must pay each filing fee separately for each application, petition, or request you submit.
If you are paying by credit card, submit one Form G-1450 with each application, petition, or request that you submit. You may pay both the filing fee and biometric services fee with the same Form G-1450.
USICS may reject your entire package if you submit:
- One Form G-1450 for multiple applications, petitions, or requests;
- A check and credit card authorization to split the payment for the same application, petition, or request; or
- A mix of money orders, checks, and credit card authorizations together for multiple applications, petitions, or requests
USCIS will destroy your Form G-1450 after processing it, whether or not we accept or reject your application, petition, or request.
Third-Party Credit Card Payments
A third party, such as a family member or friend, may pay for your USCIS application, petition, or request using their credit card. To do so, the cardholder must:
- Complete Form G-1450, Authorization for Credit Card Transactions in full.
- Sign the form and provide it to you to include with your filing.
Declined Credit Cards
If a credit card payment is declined:
- USCIS will not attempt to process the payment a second time.
- Your application, petition, or request may be rejected due to non-payment.
Rejection Notices
In cases where your filing is rejected, USCIS will send you a written notice explaining the reason for the rejection.
Resubmitting a Corrected Filing
If you choose to file a corrected application, petition, or request and pay with a credit card again:
- You must include a new, completed Form G-1450 with the resubmission.
Direct Filing Addresses for Form I-140, Immigrant Petition for Alien Worker
Filing I-140
If you are filing Form I-140, Immigrant Petition for Alien Worker, by itself, see below for the filing locations.
If the Petitioner will work in one of the following states:
Alabama, Alaska, Arizona, Arkansas, Armed Forces, California, Colorado,Florida,Georgia, Guam, Hawaii, Idaho, Kentucky, Louisiana, Marshall Islands, Maryland, Mississippi, Montana, Nevada, New Mexico, North Carolina, Northern Mariana Islands, Oklahoma, Oregon, Puerto Rico, South Carolina, Tennessee, Texas, US Virgin Islands, Utah, Virginia, Washington, West Virginia, Wyoming
USCIS Dallas Lockbox
U.S. Postal Service (USPS):
USCIS
Attn: I-140
P.O. Box 660128
Dallas, TX 75266-0128
FedEx, UPS, and DHL deliveries:
USCIS
Attn: I-140 (Box 660128)
2501 S. State Hwy. 121 Business
Suite 400
Lewisville, TX 75067-8003
If the petitioner proposes to work in the following states:
Connecticut; Delaware; District of Columbia; Illinois; Indiana; Iowa; Kansas; Maine; Massachusetts; Michigan; Minnesota; Missouri; Nebraska; New Hampshire; New Jersey; New York; North Dakota; Ohio; Pennsylvania; Rhode Island; South Dakota; Vermont; Wisconsin.
USCIS Chicago Lockbox
U.S. Postal Service (USPS):
USCIS
Attn: I-140
P.O. Box 88774
Chicago, IL 60680-1774
FedEx, UPS, and DHL deliveries:
USCIS
Attn: I-140 (Box 88774)
131 S. Dearborn St., 3rd Floor
Chicago, IL 60603-5517
If you are filing Form I-140, Immigrant Petition for Alien Worker, with Form I-485, Application to Register Permanent Residence or Adjust Status, see the table below for the filing location.
Mail your form to:
Any state
For U.S. Postal Service (USPS):
USCIS
Attn: NFB
P.O. Box 660867
Dallas, TX 75266-0867
For FedEx, UPS, and DHL deliveries:
USCIS
Attn: NFB (Box 660867)
2501 S. State Highway 121 Business
Suite 400
Lewisville, TX 75067-8003
PREMIUM Processing: Filing Form I-140 with Form I-485 and Form I-907
If the Petitioner proposes to work in the following states:
Alabama; Connecticut; Delaware; District of Columbia; Florida; Illinois; Indiana; Iowa; Kansas; Kentucky; Maine; Maryland; Massachusetts; Michigan; Minnesota; Mississippi; Missouri; Nebraska; New Hampshire; New Jersey; New York; North Carolina; North Dakota; Ohio; Pennsylvania; Puerto Rico; Rhode Island; South Carolina; South Dakota; Tennessee; Vermont; Virginia; West Virginia,;
USCIS Elgin Lockbox
U.S. Postal Service (USPS):
USCIS
Attn: Premium I-140
P.O. Box 4008
Carol Stream, IL 60197-4008
FedEx, UPS, and DHL deliveries:
USCIS
Attn: Premium I-140 (Box 4008)
2500 Westfield Drive
Elgin, IL 60124-7836
If the Petitioner proposes to work in the following states:
Alaska; Arizona; Arkansas; Armed Forces; California; Colorado; Georgia; Guam; Hawaii; Idaho; Louisiana; Marshall Islands; Montana; Nevada; New Mexico; Northern Mariana Islands; Oklahoma; Oregon; Texas; US Virgin Islands; Utah; Washington; Wyoming
USCIS Phoenix Lockbox
U.S. Postal Service (USPS):
USCIS
Attn: Premium I-140
P.O. Box 21500
Phoenix, AZ 85036-1500
FedEx, UPS, and DHL deliveries:
USCIS
Attn: Premium I-140 (Box 21500)
2108 E. Elliot Rd.
Tempe, AZ 85284-1806
Premium Processing: Filing Form I-140 with Form I-907
If you are filing Form I-140, Immigrant Petition for Alien Worker, with Form I-907, Request for Premium Processing Service, see the table below for the filing locations.
If the Beneficiary proposed to work in the following areas:
Alaska; Arizona; Arkansas; Armed Forces; California; Colorado; Georgia; Guam; Hawaii; Idaho; Louisiana; Marshall Islands; Montana; Nevada; New Mexico; Northern Mariana Islands; Oklahoma; Oregon; Texas; US Virgin Islands; Utah; Washington; Wyoming.
The forms should be sent to the following mailing address:
USCIS Phoenix Lockbox
U.S. Postal Service (USPS):
USCIS
Attn: Premium I-140
P.O. Box 21500
Phoenix, AZ 85036-1500
FedEx, UPS, and DHL deliveries:
USCIS
Attn: Premium I-140 (Box 21500)
2108 E. Elliot Rd.
Tempe, AZ 85284-1806
If the Petitioner proposed to work in the following states:
Alabama; Connecticut; Delaware; District of Columbia; Florida; Illinois; Indiana; Iowa; Kansas; Kentucky; Maine; Maryland; Massachusetts; Michigan; Minnesota; Mississippi; Missouri; Nebraska; New Hampshire; New Jersey; New York; North Carolina; North Dakota; Ohio; Pennsylvania; Puerto Rico; Rhode Island; South Carolina; South Dakota; Tennessee; Vermont; Virginia; West Virginia; Wisconsin.
The forms should be sent to the following addresses:
USCIS Elgin Lockbox
U.S. Postal Service (USPS):
USCIS
Attn: Premium I-140
P.O. Box 4008
Carol Stream, IL 60197-4008
FedEx, UPS, and DHL deliveries:
USCIS
Attn: Premium I-140 (Box 4008)
2500 Westfield Drive
Elgin, IL 60124-7836
If you are submitting Form I-907, Request for Premium Processing Service, to upgrade a pending Form I-140, Immigrant Petition for Alien Worker, see the below for the filing locations.
For petitioners willing to work in the following states:
Alaska; Arizona; Arkansas; Armed Forces; California; Colorado; Georgia; Guam; Hawaii; Idaho; Louisiana; Marshall Islands; Montana; Nevada; New Mexico; Northern Mariana Islands; Oklahoma; Oregon; Texas; US Virgin Islands; Utah; Washington; Wyoming;
Petition forms to be mailed to the following addresses:
USCIS Phoenix Lockbox
U.S. Postal Service (USPS):
USCIS
Attn: I-907
P.O. Box 21300
Phoenix, AZ 85036-1300
FedEx, UPS, and DHL deliveries:
USCIS
Attn: I-907 (Box 21300)
2108 E. Elliot Rd.
Tempe, AZ 85284-1806
For petitioners willing to work in the following states:
Alabama; Connecticut; Delaware; District of Columbia; Florida; Illinois; Indiana; Iowa; Kansas; Kentucky; Maine; Maryland; Massachusetts; Michigan; Minnesota; Mississippi; Missouri; Nebraska; New Hampshire; New Jersey; New York; North Carolina; North Dakota; Ohio; Pennsylvania; Puerto Rico; Rhode Island; South Carolina; South Dakota; Tennessee; Vermont; Virginia; West Virginia; Wisconsin.
Forms should be mailed to the following address:
USCIS Elgin Lockbox
U.S. Postal Service (USPS):
USCIS
Attn: I-907
P.O. Box 4200
Carol Stream, IL 60197-4200
FedEx, UPS, and DHL deliveries:
USCIS
Attn: I-907 (Box 4200)
2500 Westfield Drive
Elgin, IL 60124-7836
Filing and Submission
- Ensure Correct Fees: Submit separate payments for Form I-140 and the Asylum Program Fee, if applicable.
- Address Accuracy: Verify the filing address for your specific category on the USCIS website.
- Secure Packaging: Use a sturdy envelope or box to prevent damage during transit.
- Track Your Submission: Use a courier service with tracking and delivery confirmation.
What Happens After Submitting Your EB-2 NIW Petition?
After filing Form I-140 for an EB-2 National Interest Waiver (NIW), U.S. Citizenship and Immigration Services (USCIS) processes your payment and sends a receipt notice, officially known as Form I-797C, Notice of Action. This document confirms that USCIS has received your petition and provides a unique receipt number to track your case.
1. Payment Processing
USCIS processes payments based on the payment method you choose. Here’s what to expect:
A. Credit Card Payments (Form G-1450)
- Processing Time:
- Typically processed within a few days of USCIS receiving your petition.
- Advantages:
- Faster than check payments.
- You can monitor your card account for payment confirmation.
B. Check Payments
- Processing Time:
- Usually processed within 1–2 weeks.
- Timing may vary depending on factors such as mail delivery and internal USCIS processing schedules.
- Important Notes:
- Ensure checks are properly filled out, signed, and payable to “U.S. Department of Homeland Security.”
- Insufficient funds or errors may result in rejection of your petition.
2. Receipt Notice (Form I-797C)
Once your payment is processed, USCIS issues a receipt notice.
- Standard Processing Timeline:
- Receipt notices are typically mailed within 2 to 4 weeks of USCIS receiving your petition.
- What It Contains:
- Receipt number for tracking your case.
- Confirmation of the filing date.
- Delays:
- If you do not receive a receipt notice within 30 days, contact USCIS.
3. Monitoring Payment and Case Status
To ensure smooth processing, take the following steps:
A. Monitor Payment Status
- For Credit Cards:
- Check your account to confirm that USCIS has charged the filing fee.
- For Checks:
- Review your bank statements to verify the check has been cashed.
B. Track Your Case
- Online Case Status:
- Visit the USCIS Case Status Online tool and enter your receipt number.
- By Phone:
- Contact the USCIS Contact Center at 1-800-375-5283.
- Email Updates:
- Sign up for email notifications via the USCIS account system.
- Inquiries:
- If no updates are available, submit a case inquiry through the USCIS portal.
4. Avoiding Common Payment Issues
- Ensure Funds Are Available:
- Verify your bank account or credit card has sufficient funds or credit to cover the fee.
- Double-Check Payment Information:
- For credit card payments, ensure details provided on Form G-1450 are accurate.
- For check payments, confirm the check is correctly addressed to “U.S. Department of Homeland Security.”
- Monitor Regularly:
- Keep track of bank or credit card transactions to ensure the fee has been processed.
5. Next Steps After Receiving the Receipt Notice
- Wait for Adjudication:
- Regular processing times for Form I-140 vary based on the service center handling your case. Typical timeframes range from 10.5 to 26.5 months.
- Requests for Evidence (RFE):
- If additional documentation is required, USCIS will issue an RFE. Respond promptly with the requested materials.
- Premium Processing (if applicable):
- If premium processing is requested (additional $2,805 fee), USCIS processes the petition within 45 calendar days.
6. Addressing Receipt Notice Delays
If you haven’t received your receipt notice within the expected timeframe:
- Verify your payment was successfully processed.
- Contact the USCIS Contact Center or submit a case inquiry.
- Ensure USCIS has your correct mailing address.
By monitoring your payment and staying proactive, you can ensure that your EB-2 NIW petition progresses smoothly through the USCIS system.
Understanding USCIS Requests for Evidence (RFEs): What They Are, How To Avoid Them, and How To Respond
When U.S. Citizenship and Immigration Services (USCIS) needs more information to make a decision on your immigration case, they issue a Request for Evidence (RFE). This notice indicates gaps in your application and provides an opportunity to address them before a decision is made. Here’s a comprehensive guide to understanding, avoiding, and responding to RFEs effectively.
What Is a Request for Evidence (RFE)?
An RFE is a formal request from USCIS for additional evidence to support your immigration application. USCIS issues these notices when they find that the evidence provided with your application is insufficient to make a final decision.
- Form I-797E: RFEs are sent using this form, referred to as a “Notice of Action.”
- Delivery Address: It is mailed to the address listed on your application. If you’ve changed your address, update it immediately with USCIS to ensure you don’t miss critical notices.
RFEs contain four key parts:
1. The Law:
o USCIS references relevant sections of immigration law to outline the requirements for your case. While this section isn’t essential unless you’re challenging the RFE, it provides the legal framework for their request.
2. Evidence Submitted:
o This lists the documents USCIS has already received. Verify that this list matches your original submission. If any items are missing, resubmit them with your response.
3. Evidence Lacking:
o This details the additional evidence needed to process your application. It may include alternative documents you can provide if you don’t have the originals. Carefully review this section to ensure you address all gaps.
4. Response Deadline:
o The deadline for submitting your response is clearly stated. Your response must arrive at USCIS by this date, not just be postmarked by then. Missing the deadline may result in a denial or abandonment of your case.
Does an RFE Mean Rejection?
No, receiving an RFE does not mean your application has been denied. It simply indicates that more information is required. Failing to respond appropriately, however, can lead to a denial.
Is a Notice of Intent to Deny (NOID) the Same as an RFE?
A Notice of Intent to Deny (NOID) is more serious than an RFE. USCIS issues a NOID when they believe you do not meet the eligibility criteria for your application. While a NOID outlines reasons for a likely denial, it also provides an opportunity to contest their findings.
How To Avoid Receiving an RFE
Submitting a complete and well-organized application can help you avoid the delays and stress of an RFE.
Tips for Avoiding RFEs:
- Submit All Initial Evidence: Follow the USCIS instructions for your form carefully and include all required documents.
- Provide Certified Translations: For documents in languages other than English, include certified translations to ensure accuracy.
- Sponsor’s Financial Proof (if applicable): If your application involves a sponsor, ensure they meet the income requirements and provide complete evidence of their financial status.
- Proof of Legal Entry: If applying for adjustment of status, include documentation like passport stamps or I-94 records to confirm lawful entry.
Responding to an RFE: Step-by-Step Guide
If you receive an RFE, take immediate steps to gather the requested evidence and respond within the provided deadline.
1. Make a Copy of the RFE Notice:
- Retain a copy of the original RFE for your records. Include the original notice in your response packet.
2. Gather the Requested Evidence:
- Carefully review the list of missing items and collect the specified evidence.
- Use the U.S. Visa: Reciprocity and Civil Documents by Country webpage to confirm the equivalency of foreign documents.
- Provide copies, not originals, unless USCIS specifically requests otherwise.
3. Prepare Your Response Packet:
- Assemble the evidence in the order listed in the RFE.
- Include a cover letter summarizing the contents of your response.
- Ensure the RFE notice is the first page of your packet.
4. Mail the Response Packet to USCIS:
- Use the address specified in the RFE notice.
- Send your packet well before the deadline using a shipping service with tracking to confirm timely delivery.
Types of RFE Responses
You can respond to an RFE in three ways:
1. Full Response:
o Submit all requested evidence (and additional supporting documents, if applicable) by the deadline. This is the most effective response.
2. Partial Response:
o If you cannot provide all the requested evidence, submit as much as possible and include an explanation for any missing items. Provide alternative evidence where possible.
3. No Response:
o If you fail to respond, USCIS will either:
§ Deny your case, or
§ Determine you’ve abandoned your application.
- One-Time Response: You only get one chance to respond to an RFE. Include all evidence in a single packet.
- Consult a Lawyer: For complex cases or RFEs challenging your eligibility, seek professional guidance.
An RFE provides a second chance to strengthen your immigration application. By responding promptly, thoroughly, and accurately, you can address any gaps and move closer to achieving your immigration goals. Proper preparation and attention to detail can help you avoid RFEs altogether and streamline your path to success.
Next Steps After I-140 Approval
Once USCIS approves Form I-140, you must complete additional steps to obtain permanent residency.
Step 1: Apply for Permanent Residency
- Adjustment of Status (Form I-485):
If already in the U.S., file Form I-485 to adjust your status to permanent resident.- Filing fee: $1,225 (includes biometrics).
- Consular Processing (Form DS-260):
- If the applicant is applying from outside the U.S., their case will be transferred to the National Visa Center (NVC). The NVC will forward the application to the nearest embassy or consulate to schedule an interview. The wait time for this stage depends on where the applicant lives.
If outside the U.S., complete consular processing at your local U.S. embassy or consulate. Consular fees are $345.
Step 2: Check Priority Date
- Refer to your priority date (date USCIS received your petition) on Form I-797.
- Compare it with the Visa Bulletin to determine if your category and nationality are eligible for further processing.
Step 3: Complete Background Checks
- Attend a biometrics appointment for fingerprinting and identity verification.
- Schedule a medical exam with a USCIS-approved civil surgeon.
- Provide criminal record checks and other required documentation.
Step 4: Attend Interviews
- Attend an interview with an immigration officer, if required, to verify your application details.
Step 5: Final Approval
- Upon approval, you will receive a green card, granting you lawful permanent resident status.
Estimated Timelines
- I-140 Processing: 10–12 months (standard), 45 days (premium).
- I-485 Processing: 10–20 months for adjustment of status.
- Consular Processing: 4–6 months after I-140 approval.
- Overall Timeline: Several months to a few years, depending on case complexity and visa availability.
Documentation Tips to Expedite the Process
- Organize Your Packet: Use tabs and labels for clear navigation.
- Submit Clear Evidence: Provide high-quality, legible copies of documents.
- Respond Promptly to RFEs: If USCIS issues a Request for Evidence (RFE), respond quickly with comprehensive documentation.
Adjustment of Status vs. Consular Processing: Choosing Your Path to a Green Card
For those seeking lawful permanent residency in the United States, there are two primary pathways to obtain a green card: Adjustment of Status (AOS) and Consular Processing. While both methods lead to the same destination—becoming a green card holder—they differ significantly in processes, benefits, and requirements. This guide provides an in-depth comparison to help you determine the best option based on your circumstances.
What Is Adjustment of Status?
Adjustment of Status (AOS) allows individuals already in the U.S. on a valid temporary visa, such as a work or student visa, to apply for a green card without leaving the country.
Key Benefits of Adjustment of Status
- Stay in the U.S.: AOS applicants can remain in the U.S. throughout the entire green card process, avoiding the need for international travel.
- Work Authorization: Applicants can apply for an Employment Authorization Document (EAD), enabling them to work legally while their green card application is pending.
- Travel Authorization: With an Advance Parole document, applicants can travel internationally and return to the U.S. without jeopardizing their application.
Eligibility for Adjustment of Status
- Physical Presence: The applicant must be physically present in the U.S. during the application process.
- Lawful Entry: The applicant must have entered the U.S. lawfully, such as with a valid visa or through a recognized immigration checkpoint.
- Green Card Category: The applicant must qualify for a green card under a specific category, such as family-based, employment-based, or other eligible categories.
What Is Consular Processing?
Consular Processing involves applying for a green card from outside the U.S. through a U.S. consulate or embassy in the applicant’s home country. After completing the required interview and receiving approval, the applicant enters the U.S. as a permanent resident.
Key Benefits of Consular Processing
- Efficiency: Consular Processing is often faster for individuals who are already abroad, as consulates may prioritize immigrant visa cases.
- Avoid Unauthorized Stay Issues: For applicants who overstayed their U.S. visa or are otherwise out of status, Consular Processing provides a safer path without additional complications.
Eligibility for Consular Processing
- The applicant must reside outside the U.S. or be willing to leave the U.S. to attend the required interview at a U.S. consulate or embassy.
Comparison: Adjustment of Status vs. Consular Processing
| Criteria | Adjustment of Status | Consular Processing |
| Location | Applicant remains in the U.S. | Applicant processes through a U.S. consulate abroad. |
| Processing Time | Variable; depends on USCIS backlog. | Often faster for those abroad. |
| Work Authorization | Eligible to apply for an EAD while waiting. | No work benefits until green card is issued. |
| Travel During Processing | Can travel internationally with Advance Parole. | Must remain abroad until approval. |
| Risk of Denial | Denial allows the possibility of filing an appeal or reopening the case while staying in the U.S. | Denial may limit options to reenter the U.S. and appeal. |
Factors to Consider When Choosing
Adjustment of Status May Be Right for You If:
- You are already in the U.S. on a valid visa.
- You wish to avoid international travel during the application process.
- You need the ability to work while your green card application is pending.
- You are concerned about reentry risks after traveling abroad.
Consular Processing May Be Right for You If:
- You are currently residing outside the U.S. or are willing to leave to complete the process.
- Your U.S. stay has been unauthorized, or you have overstayed your visa.
- You are seeking a potentially faster route to a green card.
Steps for Each Process
Adjustment of Status Steps
1. File Form I-485 (Application to Register Permanent Residence or Adjust Status).
2. Apply for an EAD and Advance Parole, if needed, while waiting.
3. Attend a biometrics appointment for fingerprinting and background checks.
4. If required, attend an interview with USCIS.
5. Receive a green card upon approval.
Consular Processing Steps
1. File Form I-140 (Immigrant Petition for Alien Worker) or other petition forms based on eligibility.
2. Receive approval and complete Form DS-260 (Immigrant Visa Application).
3. Attend a medical examination and gather required documentation.
4. Schedule and attend an interview at a U.S. consulate or embassy.
5. Upon approval, receive an immigrant visa and enter the U.S. as a permanent resident.
Potential Challenges and Tips
- For Adjustment of Status:
- Delays may occur due to USCIS backlogs. Plan accordingly to maintain lawful status while waiting.
- Ensure all documents are accurate and complete to avoid requests for evidence (RFEs).
- For Consular Processing:
- Prepare for the logistical challenges of attending an interview abroad.
- Be aware of potential delays caused by consulate-specific backlogs or closures.
Understanding the USCIS Visa Bulletin: A Guide for EB-2 NIW Applicants
The USCIS Visa Bulletin, issued monthly by the U.S. Department of State, is a critical tool for individuals navigating the green card process. It informs applicants about the availability of immigrant visas and provides timelines for when they can advance in their application process. Here’s a detailed overview of the Visa Bulletin and how it applies to EB-2 National Interest Waiver (NIW) applicants.
What is the USCIS Visa Bulletin?
The Visa Bulletin helps green card applicants track their progress and determine when they are eligible to proceed with their applications.
- Priority Date: Your place in the green card queue is determined by your priority date, which is assigned when USCIS receives your initial immigrant petition (such as Form I-140 for EB-2 NIW).
- Becoming Current: You can advance to the next stage of the green card process once your priority date becomes “current” in the bulletin.
How to Use the Visa Bulletin
To effectively use the Visa Bulletin, you need two key pieces of information:
1. Your Priority Date:
o Found on your Form I-797C, Notice of Action, issued when USCIS processes your petition.
o This date is your official spot in the green card waiting line.
2. Your Preference Category:
o EB-2 NIW falls under the Employment-Based Second Preference (EB-2) category.
Employment-Based Preference Categories in the Visa Bulletin
The Visa Bulletin provides updates for various employment-based categories:
- EB-1: Extraordinary ability, outstanding professors/researchers, multinational executives.
- EB-2: Advanced degrees or exceptional ability, including those filing for NIW.
- EB-3: Skilled workers, professionals, and “other workers” (those requiring less than two years of experience).
- EB-4: Special immigrants (e.g., religious workers).
- EB-5: Investors creating jobs in the U.S.
For EB-2 NIW applicants, the bulletin highlights visa availability specific to your category and country of origin.
How to Read the Visa Bulletin
The Visa Bulletin includes two charts for each category:
1. Final Action Dates Chart (Chart A):
- Lists cutoff dates for final approval of immigrant visa applications.
- If your priority date is earlier than the listed date, you can proceed with the final steps of your green card process.
2. Dates for Filing Applications Chart (Chart B):
- Indicates when you can submit your green card application forms.
- USCIS specifies each month which chart applicants should follow.
Example:
- For an EB-2 NIW applicant from India with a priority date of January 15, 2020:
- If the Final Action Date for India is listed as January 1, 2021, the applicant’s date is current, and they can proceed.
- If the Date for Filing is listed as July 1, 2021, the applicant can submit Form I-485 earlier while waiting for the final action.
Why Do Visa Bulletin Dates Retrogress or Stall?
Sometimes priority dates in the Visa Bulletin move backward or stop progressing. This is called retrogression and occurs due to:
- High Demand: When visa applications exceed the annual numerical caps set by Congress.
- End of the Fiscal Year: Retrogression is common as the government nears visa allocation limits for certain categories or countries.
Steps to Navigate Retrogression:
- Stay updated on Visa Bulletin releases for monthly changes.
- Explore alternative visa options if delays significantly impact your timeline.
- Consult an immigration attorney to strategize next steps.
What To Do When Your Priority Date Becomes Current
When your priority date becomes current, you can advance to the next stage:
1. Consular Processing:
o If applying from outside the U.S., complete your green card application through a U.S. embassy or consulate.
o This includes submitting Form DS-260, Affidavit of Support (Form I-864), and undergoing a medical examination.
2. Adjustment of Status (AOS):
o If you’re in the U.S. lawfully, file Form I-485 to adjust your status to permanent resident.
Key Deadlines:
- You have one year to take action after your priority date becomes current. Failing to act may result in losing your priority date and requiring a reapplication.
Keeping Up With the Visa Bulletin
- Publication Schedule: The Visa Bulletin is released mid-month by the Department of State.
- Stay Informed: Track updates monthly to monitor changes in your category and country of origin.
Follow-Up Appointments: What to Expect
After submitting your petition, USCIS will confirm receipt by sending a notice to the address provided in your application. Here’s what you need to know about the follow-up steps:
Possible Follow-Up Actions:
- Biometrics Appointment:
- USCIS may schedule a biometrics appointment to collect your fingerprints, photograph, and signature for background checks.
- This appointment is standard for most applicants and critical for verifying your identity.
- In-Person Interview:
- Not every applicant will be required to attend an interview, but if scheduled, you will receive a notice with details.
- For applicants outside the U.S., instructions may include contacting the local U.S. Embassy or Consulate for further steps.
How to Prepare for Appointments:
- Review the Appointment Notice:
- Carefully read the notice for the date, time, and location.
- Prepare all required documentation listed, such as government-issued identification, a copy of the appointment notice, and any specific forms requested.
- Be Prompt and Organized:
- Arrive early for your appointment to allow time for security screening.
- Organize your documents neatly for easy access.
Decision Notification
Once USCIS completes its review, they will notify you of their decision through a formal notice. If approved, you can proceed to the next stage of the green card process.
Starting the Green Card Application
After I-140 Approval:
When USCIS approves your Form I-140, you can begin the process to obtain your green card. However, before proceeding, it is essential to confirm visa availability in your category.
Checking Visa Availability:
- Visa Bulletin:
- Use the monthly Visa Bulletin published by the U.S. Department of State to check the availability of green cards in the EB-2 category.
- If your priority date is current, you can proceed to the next step.
Adjustment of Status: For Applicants in the U.S.
If you are already residing in the United States, you may apply for a green card through Adjustment of Status (AOS) by filing Form I-485.
Key Steps in the AOS Process:
1. Prepare Required Documentation:
o I-94 Travel Records: Proof of lawful entry into the U.S.
o Birth Certificate: Include a certified translation if not in English.
o Affidavit of Support: Typically provided by a sponsor to show financial responsibility.
o Arrest Records (if applicable): Include certified records for any prior arrests.
o Medical Examination: Performed by a USCIS-approved civil surgeon.
o Financial Evidence: Demonstrate sufficient means to support yourself without government assistance.
2. Apply for Advance Parole (if needed):
o If you need to travel outside the U.S. while waiting for your green card, apply for an Advance Parole document to ensure you can re-enter the country.
3. Biometrics and Interview:
o USCIS will notify you of your biometrics appointment and in-person interview, if required.
4. Follow-Up on Application Status:
o After submitting Form I-485, monitor your case status through the USCIS online portal.
Consular Processing: For Applicants Outside the U.S.
For applicants residing outside the U.S., the green card process involves Consular Processing through a U.S. Embassy or Consulate.
Steps for Consular Processing:
1. File Form DS-260:
o Complete the Application for Immigrant Visa and Alien Registration online.
o Submit all required civil documents, such as:
§ Birth Certificate
§ Court and Prison Records (if applicable)
§ Military Records (if applicable)
§ Police Certificates
2. Attend a Medical Exam:
o Schedule an exam with a physician approved by the U.S. Embassy or Consulate in your country.
3. Prepare for the Interview:
o The consulate will schedule an interview to assess your eligibility for a green card.
o Bring all necessary documents, including your passport, visa application fee receipt, and any supporting evidence.
4. Receive Decision and Visa:
o If approved, you will receive an immigrant visa, allowing you to travel to the U.S. to receive your green card.
Comprehensive Guide to Preparing for the EB-2 NIW Interview
The EB-2 NIW (National Interest Waiver) interview is a critical step in the process of becoming a lawful permanent resident in the United States. Whether you are applying from within the U.S. or abroad, this interview verifies your petition details and examines your qualifications, personal background, and intent. Here’s a detailed guide to help you prepare and succeed.
Understanding the EB-2 NIW Interview
The EB-2 NIW interview, sometimes called a green card interview or adjustment of status interview, is conducted by a USCIS officer (for applicants within the U.S.) or a consular officer (for applicants abroad). The primary goals of the interview include:
- Verifying the authenticity of the original EB-2 NIW petition.
- Reviewing the applicant’s immigration history and personal information.
- Clarifying and substantiating evidence related to the proposed endeavor and qualifications.
The outcome of this interview determines whether you’ll receive a green card.
Steps to Prepare for the EB-2 NIW Interview
Preparation is key to ensuring a smooth interview process. Follow these steps to get ready:
1. Review the Notice of Action (Form I-797)
- Carefully read the notice, which outlines the date, time, location, and required documents for your interview.
2. Gather All Required Documentation
Organize and collect original documents and evidence that support your EB-2 NIW petition. These typically include:
- Personal identification: Valid passport, birth certificate, driver’s license, and any other government-issued ID.
- Immigration records: Form I-94, prior I-797 approval notices, visas, and related documents.
- Proof of qualifications: Certified transcripts, diplomas, professional licenses, curriculum vitae, letters of recommendation, and evidence of exceptional ability.
- Medical records: A sealed medical report from a USCIS-approved physician, including vaccination evidence.
- Financial evidence: Tax returns, pay stubs, or proof of financial stability.
- Marriage and family documents: Marriage certificate, birth certificates of dependents, and affidavits if required.
- Proposed endeavor evidence: Contracts, project details, evidence of ongoing work, or letters confirming employment.
3. Familiarize Yourself with Your Petition (Form I-140)
- Be prepared to discuss your proposed endeavor, achievements, letters of support, and how your work aligns with U.S. national interests.
4. Arrange for Necessary Accommodations
- Interpreter: If you are not fluent in English, arrange for an interpreter and inform the USCIS or consulate in advance.
- Family members: If dependents are included in the application, ensure they are prepared for the interview.
5. Pay Pre-Interview Fees
- Confirm and pay any outstanding visa or application fees as instructed in the notice.
6. Confirm Your Appointment
- Schedule the interview with the USCIS or consular office and ensure all details align with the notice.
Checklist of Documents for the EB-2 NIW Interview
Requirements may vary by location, so always check with the specific USCIS office or consulate. Here’s a general checklist:
- Original passport (valid for at least six months).
- Birth certificate (translated if not in English).
- Form I-94 (arrival/departure record).
- Employment Authorization Document (EAD), if applicable.
- Job offer letter or confirmation of employment, if sponsored.
- Advance Parole Document, if applicable.
- Evidence of continued engagement in your proposed endeavor:
- Recent letters from employers or clients.
- Business contracts, payroll records, or bank statements for entrepreneurs.
- Sealed medical examination report.
- Certified translations for any non-English documents.
- Evidence of qualifications: transcripts, diplomas, CV, and expert opinion letters.
- Two passport-sized photos.
- Updates on marital status, contact details, or other changes since filing.
What to Expect During the EB-2 NIW Interview
The interview typically follows a structured format and includes:
Identity Verification
- The officer will verify your identity and that of any dependents.
Review of Personal and Professional Background
- Questions may cover your:
- Current residency and prior immigration history.
- Professional qualifications and work experience.
- Proposed endeavor and progress made since filing.
- Intentions for applying and why you want to work in the U.S.
Document Verification
- You may be asked to provide original versions of documents submitted with your petition.
Biometrics and Fee Payment
- If not previously completed, you may provide fingerprints or pay additional fees.
Outcomes of the Interview
- Approval: You may receive a temporary residency stamp (I-551) in your passport if applying within the U.S. For consular processing, you’ll receive a sealed visa packet to present at a U.S. port of entry.
- Further Processing: If additional evidence is required, the officer will provide instructions, and your case will be paused until you submit the requested documentation.
- Denial: The officer will explain the reasons if your case is denied.
Tips for a Successful EB-2 NIW Interview
- Preparation: Ensure all documents are complete, accurate, and ready for presentation.
- Punctuality: Arrive at least 20 minutes early.
- Professionalism: Dress appropriately and maintain a respectful demeanor.
- Clarity: Answer questions honestly and clearly. If you don’t understand a question, ask for clarification.
- Body Language: Maintain eye contact and remain calm, even if discussing sensitive topics.
Post-Interview Steps
- Approval Notices: If successful, USCIS will mail your physical green card within 2–3 weeks.
- Visa Packet: For consular applicants, present the unopened visa packet to Customs and Border Protection (CBP) upon arrival in the U.S.
- Additional Requests: If further documentation is needed, submit it promptly to avoid delays.
Conclusion
Thorough preparation and a confident approach are crucial to succeeding in your EB-2 NIW interview. By organizing your documents, understanding your petition, and presenting your case clearly, you’ll be well on your way to securing lawful permanent residency in the United States.
Uncommon Insights and Unique Aspects of the EB-2 NIW Process
The EB-2 National Interest Waiver (NIW) green card is a widely discussed topic, but there are lesser-known details and strategies that can significantly enhance your understanding and application process. Below, we delve into rarely addressed aspects of the EB-2 NIW to provide a comprehensive and unique perspective.
1. Dual-Purpose Endeavors: Merging Commercial Goals with Public Benefit
The EB-2 NIW often emphasizes contributions to public interest, but applicants in business or entrepreneurship can highlight a dual-purpose approach:
- For-Profit Ventures with Public Impact: Demonstrating how a startup or business venture addresses public challenges—such as creating jobs, promoting economic growth, or enhancing underserved markets—can strengthen the application.
- Example: A fintech entrepreneur focusing on financial inclusion for underbanked populations in the U.S. merges profit-driven goals with national interest benefits.
- Industry-Specific Impact: Industries such as sustainable agriculture, clean energy, and healthcare innovation are particularly well-positioned for NIW approval when combined with measurable societal impacts.
2. Using Professional Memberships and Certifications Strategically
While professional memberships are commonly cited, their potential as compelling evidence is often underutilized. To maximize impact:
- Select Memberships with Rigor: Highlight memberships in organizations with stringent entry requirements, such as certifications, peer evaluations, or proof of significant contributions to the field.
- Leadership Roles: If you hold a leadership position within a professional association, emphasize this as evidence of recognition and influence in your field.
- Emerging Fields: Memberships in cutting-edge areas, like AI ethics boards or environmental tech groups, can align with national priorities.
3. Tailoring Applications to Regional Priorities
USCIS evaluates national importance broadly, but tailoring your application to align with regional or state-specific priorities can add depth:
- State Initiatives: Identify and connect your work to state programs or policies, such as clean energy initiatives in California or manufacturing revitalization efforts in Michigan.
- Underserved Areas: Focus on how your contributions address challenges in underserved or economically distressed regions. For example:
- Healthcare professionals providing telemedicine solutions for rural areas.
- Educators improving STEM access in low-income schools.
4. Amplifying Social and Economic Metrics
Quantifiable data is often overlooked but can be a game-changer in EB-2 NIW applications. Provide:
- Projected Impact Metrics: If your work involves innovations or policies, estimate future impacts (e.g., “reducing water waste by 20% across agricultural sectors”).
- Economic Contributions: For entrepreneurial endeavors, include job creation forecasts, expected revenue, or savings for consumers.
- Community Outcomes: Highlight local or community-level benefits, such as improved public health metrics or enhanced educational outcomes.
5. Showcasing Interdisciplinary Expertise
Interdisciplinary professionals have a unique advantage but often struggle to present their qualifications effectively. To leverage this:
- Position Your Role as Essential: Emphasize how your interdisciplinary approach bridges gaps between fields, creating unique solutions to national challenges.
- Example: A biotechnologist with a background in data science applies predictive analytics to healthcare delivery.
- Highlight Unique Qualifications: Use your diverse expertise to show how your contributions would be hard to replicate by someone with a single-discipline background.
6. Exploring Niche Evidence for Exceptional Ability
Applicants often focus on mainstream evidence, but niche documentation can be equally powerful:
- Non-Traditional Publications: Industry white papers, technical manuals, or influential blog posts showcasing thought leadership.
- Patents and Innovations: Even if not widely commercialized, patents or innovations that address a specific problem can demonstrate exceptional ability.
- Awards Beyond the Obvious: Regional or industry-specific accolades may carry weight if tied to measurable achievements.
7. Self-Sponsored Professionals Navigating Job Changes
Many self-petitioners worry about job changes affecting their case. Consider these strategies:
- Position Work Flexibility: Highlight the adaptability of your expertise to various industries, which strengthens your role as a national asset.
- Demonstrate a Consistent Vision: Even if you change jobs, align each role with the broader mission outlined in your petition.
- Propose Scalable Contributions: Show how your work will have sustained impact regardless of the specific employer.
8. Long-Term Strategies for Priority Date Backlogs
Backlogs, particularly for applicants from high-demand countries, can be frustrating. Long-term strategies include:
- Dual Applications: File for EB-1 simultaneously if you qualify, as it may have faster processing times.
- Strengthening While Waiting: Use the waiting period to build your case further by:
- Publishing new research.
- Gaining additional certifications or accolades.
- Expanding the scope of your work to demonstrate sustained contributions.
9. Leveraging USCIS Trends
While approval rates fluctuate, understanding USCIS adjudication trends can give you an edge:
- Policy Alignment: Monitor government priorities (e.g., clean energy, tech innovation, public health) and align your application accordingly.
- Case Studies: Learn from recent approvals in your field to identify patterns and adapt your strategy.
10. Addressing Non-Traditional Fields
Applicants in non-traditional fields often believe they are at a disadvantage. To counter this:
- Make a Case for Relevance: Clearly connect your work to national interest, even if indirectly. For example:
- Artists can focus on cultural preservation or community engagement.
- Writers and educators may emphasize contributions to public discourse or literacy.
11. Leveraging Letters of Recommendation
Letters of recommendation are critical but often underutilized:
- Independent Voices: Include letters from individuals who are not directly associated with your work but recognize its impact.
- Contextualize Importance: Ensure letters explain not just what you did, but why it matters on a national level.
12. Addressing Weaknesses Proactively
No case is perfect, but addressing potential weaknesses head-on can improve your chances:
- Anticipate Questions: For areas where your evidence is weaker, provide additional context or alternate proof.
Explain Gaps: If there are gaps in your resume or credentials, frame them as opportunities for growth or transitions that enhanced your expertise
Comprehensive List of FAQs for EB-2 NIW Applicants
General Questions
1. What is the EB-2 NIW visa?
The EB-2 NIW (National Interest Waiver) visa is an employment-based immigration category that allows foreign nationals with advanced degrees or exceptional abilities to self-petition for a green card without a job offer or labor certification, provided their work benefits the national interest of the United States.
2. What is the National Interest Waiver (NIW)?
The NIW is a waiver that removes the requirement of a job offer and labor certification for EB-2 visa applicants whose work demonstrates substantial merit and national importance and who are well-positioned to advance their proposed endeavors.
3. How does the EB-2 NIW differ from a regular EB-2 visa?
Unlike the regular EB-2 visa, which requires a job offer and labor certification from an employer, the EB-2 NIW allows individuals to self-petition if they can prove their work benefits the U.S. on a national level.
Eligibility and Requirements
4. Who qualifies for the EB-2 NIW?
Eligibility is based on one of two categories:
- Holding an advanced degree (master’s or higher) or a bachelor’s degree with five years of progressive work experience.
- Demonstrating exceptional ability in the sciences, arts, or business, supported by evidence of sustained acclaim or recognition.
5. What are the three prongs of the EB-2 NIW adjudication criteria?
USCIS evaluates EB-2 NIW petitions using the Matter of Dhanasar framework:
1. The proposed endeavor has substantial merit and national importance.
2. The applicant is well-positioned to advance the proposed endeavor.
3. Waiving the labor certification and job offer requirements is beneficial to the United States.
6. Do I need to prove immediate economic benefits for my work to qualify?
No, immediate economic benefits are not required. The endeavor may focus on advancing knowledge, promoting societal welfare, or contributing to cultural enrichment.
7. Can I apply if I have a bachelor’s degree and no advanced degree?
Yes, if you have a bachelor’s degree and at least five years of progressive post-baccalaureate experience in your field, you may qualify under the advanced degree criteria.
Filing and Documentation
8. Can I file my EB-2 NIW petition without an attorney?
Yes, you can file the petition yourself. However, due to the complexity of the required evidence and legal arguments, hiring an experienced immigration attorney can improve your chances of approval.
9. What documents are required for the EB-2 NIW application?
Commonly required documents include:
- Evidence of advanced degrees or exceptional ability.
- Detailed explanation of the proposed endeavor.
- Letters of recommendation from experts.
- Proof of work impact and recognition in your field.
- Evidence of past achievements and future plans.
10. What is the role of recommendation letters?
Letters from recognized experts in your field substantiate your claim of exceptional ability or advanced achievement and the importance of your proposed work.
11. Can I file Form I-140 and Form I-485 concurrently?
Yes, if your priority date is current based on the Visa Bulletin, you may file Form I-485 (Adjustment of Status) concurrently with Form I-140 (Immigrant Petition for Alien Workers).
12. Is premium processing available for EB-2 NIW?
Yes, premium processing is available, guaranteeing USCIS action within 45 calendar days for an additional fee of $2,500.
Processing and Timelines
13. How long does the EB-2 NIW process take?
Processing times vary depending on USCIS workload and whether premium processing is used.
- Standard processing: 10–15 months for I-140 approval.
- Premium processing: 45 days for I-140 approval.
14. What happens after my I-140 is approved?
You can apply for adjustment of status (Form I-485) if you are in the U.S. or begin consular processing if you are abroad.
15. Can I work while waiting for my green card?
Yes, if you file Form I-765 (Employment Authorization Document) along with Form I-485, you can work in the U.S. while your application is pending.
Need help navigating complex immigration laws and procedures? We can help.
EB-2 NIW Application Process
The EB-2 NIW application process involves several steps that must be carefully followed to ensure a successful outcome. Here’s an overview of the steps involved:
Steps to Apply
- Determine Eligibility: The first step is to determine whether you are eligible for an EB-2 NIW visa. This involves reviewing the eligibility criteria, including the requirements for an advanced degree or exceptional ability, and ensuring that your proposed endeavor meets the national interest waiver requirements.
- Prepare and File Form I-140: The next step is to prepare and file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This form must be accompanied by supporting documentation, including evidence of your advanced degree or exceptional ability, and a detailed description of your proposed endeavor.
- Submit Evidence: In addition to Form I-140, you must submit evidence to support your petition. This may include letters from experts in your field, articles and publications, awards and recognition, and testimonials from colleagues and supervisors.
- Wait for USCIS Review: After submitting your petition, you must wait for USCIS to review and process your application. This can take several months, and you may receive a Request for Evidence (RFE) if USCIS requires additional information.
- File Form I-485: If your petition is approved, you may then file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a green card.
Common Challenges and Solutions
One of the common challenges in the EB-2 NIW application process is providing sufficient evidence to support your petition. To overcome this challenge, it’s essential to work with an experienced immigration attorney who can help you gather and prepare the necessary documentation.
Another challenge is ensuring that your proposed endeavor meets the national interest waiver requirements. To overcome this challenge, it’s essential to carefully review the eligibility criteria and ensure that your proposed endeavor aligns with the national interest waiver requirements.
Types of Jobs that Qualify
The EB-2 NIW visa is available to individuals with advanced degrees or exceptional ability in a wide range of fields. Here are some examples of industries and jobs that may qualify:
Industry Examples
- Technology: Software engineers, data scientists, and IT professionals with advanced degrees or exceptional ability may qualify for an EB-2 NIW visa.
- Healthcare: Physicians, researchers, and healthcare professionals with advanced degrees or exceptional ability may qualify for an EB-2 NIW visa.
- Education: Teachers, professors, and education professionals with advanced degrees or exceptional ability may qualify for an EB-2 NIW visa.
- Business: Entrepreneurs, executives, and business professionals with advanced degrees or exceptional ability may qualify for an EB-2 NIW visa.
- Arts and Culture: Artists, musicians, and cultural professionals with advanced degrees or exceptional ability may qualify for an EB-2 NIW visa.
These are just a few examples of industries and jobs that may qualify for an EB-2 NIW visa. The key is to demonstrate that your proposed endeavor has substantial merit and national importance, and that you have the advanced degree or exceptional ability required to carry out your proposed endeavor.
