National Interest Waiver

EB2-NIW Application Process

1. I-140 Application

Reference letters, Evidence, Fee and Check list

2. I-485 Application
3. Optional forms

EAD, Advanced Parole applications

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Visa Requirements?
No visa is required to file for a self-petition application in NIW or
EB1A categories. Any one out side of US without a visa can
petition.
Any one with virtually any visa (H1, F1, J1 etc) can self-petition
(NIW or EB1A) for permanent residency petition (I-140).
Special note to J1 and F1 holders only: By applying for a green
card you are expressing immigration intent and may not be able
to extend your J1 or F1 visa. Read more

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NIW Application Process

Overview
Application process for NIW and EB1A are very similar involving
two stages. Labor certification is generally not required.

1. I-140 application: petition for permanent residency

where USCIS decides if you are eligible to get a green card.

2. I-485 application: this second stage involves adjustment

of status to a permanent resident.
The two stages can be applied separately or concurrently
depending if priority dates are current.
Premium processing is generally not available for NIW.
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Priority Dates
For NIW self-petition, priority date is the date of I140 petition or date of labor certification (if for some
reason labor certification was applied).

Priority date is current if the Department of State

(DOS) visa bulletin mentions C against EB2 for your
nationality. You can check this online.
Priority dates are released every month by DOS.
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Concurrent or Separate
Concurrent filing: If priority dates are current you may
choose to file I-140 and I-485 together.
Advantageous for some applicants.. It entities to
employment authorization (EAD) and travel authorization
(advanced parole AP).

Separate filing: I-140 is filed first. Once I-140 is

approved, I-1485 can be applied if priority dates are
current.
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I-140 Application
Application used to petition for an alien worker to
seek permanent residency in the United States.
A typical I-140 petition would include all the
evidence supporting USCIS requirements and
detailing why you think you are eligible.
Primary applicant files this application and can
include names of his/her family members (spouse
and unmarried children) on this application.
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I-140 Checklist
Filled I-140 application and fee.

You can check the latest fee

on the USCIS website. Instructions for paying fee can be found at this
USCIS link.

Include a filled copy of filled ETA-9089 to the USCIS.

No employer sponsorship is needed.

Petition letter: Detailed letter explaining your

evidence to the USCIS officer.
Reference letters, CV and various other evidence.
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Evidence
Evidence should support 1) three NIW criteria and 2)
USCIS EB2 requirements (advanced degree or
exceptional ability). More details

Reference letters are key part o the evidence. Seven

to ten letters, some from collaborators and some
from independent experts, are generally used. More
details of letter content.

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I-485 Application
Application is used to adjust your status and register in the US as a
permanent resident.
Every year USCIS is allowed to grant up to a fixed number of
immigration visas (Green cards).
Due to restriction on numbers, USCIS only accepts I-485
applications if the priority dates are current.
Priority dates: Department of state (DOS) determines the current priority
dates based on category of application (EB1, EB2 etc) and nationality. These are
released every month as part of a visa bulletin.
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I-485 Application
Entitles the applicant to
1. Employment Authorization Document (EAD) and

Obtained by applying I-765

2. Advance Parole (AP, travel permission).

Obtained by applying I-131

These applications can be sent together with I-485 or can

be applied separately after I-485 application.
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Resources

Judging chances of success in EB2 NIW

EB2-NIW application process
Reference letters
Understanding EB2-NIW: USCIS Requirements.
PM-602-005.1: December 2010 Policy memorandum
providing guiding for aliens of EB1A and EB2-NIW
based on exceptional ability.

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Resources
Employment-Based Immigration: Second Preference
EB-2
www.Greencardforphd.com
Complete NIW example packet derived from USCIS
approved petition

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Example NIW Petition

Greencardforphd provides example petitions (actual
approved NIW case) that were successfully used by
hundreds of applicants to obtain their Green cards.
Applicants educational background include: Masters or
PhD or PhD student, or Postdoc, or Scientist, or Professor
or Researcher
Applicants from wide range (science, technology,
engineering, medicine, mathematics e.t.c) of fields have
used our packets.
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