I-140 Petition

Key Steps for EB-2 NIW Success

We’re going to talk about the I-140 Petition Package—one of the crucial steps in the EB-2 NIW application process. I’ll walk you through the essential parts of the package, how to structure it, and what type of evidence you should include to strengthen your case. Let’s dive right in.

The I-140 petition is really the critical step in the EB-2 NIW (National Interest Waiver) application for a green card. You might have heard of two main steps in the process: the I-140 and the I-485 for adjustment of status if you’re in the U.S. But regardless of whether you’re applying from within the U.S. or abroad, the I-140 is always the first, and arguably the most complex, step.

Once your I-140 is approved, the path becomes much clearer. You can either file the I-140 and I-485 separately or concurrently, depending on your situation. But today, we’re focusing on the I-140. It involves more than just filling out a form—it’s about assembling a comprehensive case that clearly shows why you qualify for the waiver.

Understanding NIW Requirements

Before we jump into the details of the I-140 petition, let’s review the NIW requirements. For the EB-2 NIW, there are two layers of requirements:

1. General EB-2 Requirements: You need an advanced degree or a bachelor’s degree with five years of progressive experience. Alternatively, if you don’t meet these requirements, you can prove “exceptional ability” by targeting three out of the seven criteria USCIS provides.
2. National Interest Waiver Requirements: This is where you ask the U.S. government to waive the requirement for a job offer. You must prove three key things:

• Your endeavor has substantial merit and national importance.
• You are well-positioned to advance the endeavor.
• On balance, it is beneficial to the U.S. to waive the job offer requirement.

Structure of the I-140 Petition Package

Now, let’s talk about the structure of the I-140 petition package. Here’s a typical structure:

1. Forms and Fees: The I-140 filing fee is currently $700. Be sure to check the current amount when you apply. Along with the fee, you will submit the I-140 form and the ETA-9089 form (even though you are requesting a waiver of the labor certification).
2. Cover Letter: This is one of the most crucial documents in the package. It’s your opportunity to present a clear argument to USCIS that shows how you meet both the general EB-2 and NIW requirements. This letter should cover:

• Your advanced degree or exceptional ability.
• The three Matter of Dhanasar prongs: substantial merit, national importance, and well-positioned.
• Supporting evidence to substantiate your claims.

1. List of Exhibits: The exhibits provide proof for everything you claim in your cover letter. For example, if you say you have an advanced degree, you will reference an exhibit containing a copy of your diploma.

Forms and Fees

As mentioned earlier, the I-140 filing fee is $700. You can pay this by check or money order from a U.S. entity. If you’re applying from abroad, check with your U.S. consulate to confirm the payment method.

You’ll also need to submit the I-140 form and the ETA-9089 form (in duplicate), even though you’re requesting a waiver of the labor certification. Most fields in the ETA-9089 will be marked “not applicable,” but the form still needs to be submitted.

The Cover Letter

The cover letter is a critical part of your petition. It should be detailed and clearly organized, citing specific evidence from your exhibits. Here, you’ll demonstrate how you meet the EB-2 and NIW requirements. Your goal is to persuade the USCIS officer that you qualify for the national interest waiver.

I highly recommend devoting extra time to crafting this letter, as it is the backbone of your petition. If you want more details on how to write this letter, check out my website where I provide a full breakdown.

Exhibits

The exhibits provide documentary evidence for all the claims you make in the cover letter. Here are a few key examples of what you should include:

1. Educational Credentials: Copies of diplomas and transcripts. If your degree is from a foreign university, make sure to get a credential evaluation to show its equivalence to a U.S. degree.
2. Achievements: Include proof of awards, memberships in professional organizations, evidence of peer-reviewing work, and invitations to give talks or presentations. If you have any publications or citations, provide screenshots from Google Scholar or similar platforms.
3. Proof of National Importance: This can include government press releases, copies of laws or acts related to your field, or news articles emphasizing the importance of your work.
4. Employment Status: Provide offer letters, promotion letters, or pay stubs to prove your employment history and current status, especially if it demonstrates that you’re well-positioned in your field.

Conclusion

In summary, the I-140 petition package for an EB-2 NIW is much more than just filling out a few forms. It’s a comprehensive effort that requires careful attention to detail. By ensuring your cover letter is strong and providing all the necessary exhibits, you can significantly boost your chances of approval.

If you want more tips or examples of how to organize your I-140 petition, head over to my website. Stay tuned for the next video, where I’ll go deeper into the cover letter and its structure. Thank you for watching, and good luck with your application!