The National Interest Waiver (NIW) is an employment-based immigration pathway that allows highly skilled foreign professionals to obtain permanent residency without the need for a job offer or labor certification if their work is deemed to be in the national interest of the United States. If you’ve completed the substantive requirements of your NIW petition and are now preparing to mail your package, this guide will help ensure you’ve covered all the necessary final steps.
Complete Application Checklist
Before sealing your envelope, verify that your package includes all required documents:
- Authorization Forms for Payment:
- G-1450 authorizing $715 payment for I-140 application fee
- G-1450 authorizing $2,805 for I-907 Premium Processing fee (if applicable)
- G-1450 authorizing $300 payment for Asylum Program Fee (or checks)
- Required Application Forms:
- Form G-1145 (E-Notification of Application/Petition Acceptance)
- Form I-907 (if requesting premium processing)
- Form I-140 (Immigrant Petition for Alien Worker)
- ETA Form 9089
- Appendix A
- ETA 9089 Final Determination
- NIW Petition Letter
- Index of Exhibits
- Supporting Exhibits/Evidence
Payment Options and Document Signing Requirements
If Paying by Check:
- Always use the latest version of all forms
- Print all forms and supporting documents single-sided on standard 8½ × 11 letter-size paper
- Prepare bank drafts, cashier’s checks, certified checks, personal checks, or money orders that are:
- Drawn on U.S. financial institutions
- Payable in U.S. funds
- Sign the following documents:
- Form I-140 page 6, item 6a
- $715 check for I-140 form fee
- $300 check for Asylum Program fee
- ETA 9089 Final Determination form, page 2, Section B (submit a copy of the signed page, not the original)
Important: Provide separate checks for the I-140 fee ($715) and the Asylum Program Fee ($300).
If Paying by Credit Card:
- Always use the latest version of all forms
- Print all forms and supporting documents single-sided on standard 8½ × 11 letter-size paper
- Complete Form G-1450 (Authorization for Credit Card Transactions) using only:
- Visa
- MasterCard
- American Express
- Discover credit cards issued by U.S. banks
- Sign the following documents:
- Form I-140 page 6, item 6a
- ETA 9089 Final Determination form, page 2, Section B (submit a copy of the signed page, not the original)
- G-1450 forms
Important: Complete separate G-1450 forms for the I-140 fee ($715) and the Asylum Program Fee ($300). Do not attempt to authorize both fees on a single form.
Document Preparation Guidelines
To ensure your application is processed properly:
- Do not use highlighters or correction fluid/tape (USCIS scanners cannot properly read marked or corrected information)
- Do not send original documents unless specifically requested in the form instructions
- Submit all forms and supporting documents as single-sided, standard 8½ × 11 letter-size pages
- Avoid using binders, folders, heavy-duty staples, or sticky tabs
- Ensure your credit card has sufficient funds (USCIS will reject your application if the card is declined and will not attempt to process your payment a second time)
Mailing Instructions and Best Practices
When preparing your package for mailing:
- Clearly mark both the envelope and cover letter with the nature and form number of your submission (e.g., “Original Submission, Application to NIW (Form I-140)”)
- Verify you have a valid U.S. mailing address for correspondence from USCIS
- Organize your documents in a logical order, with the required forms at the front of the package
- Consider using a mailing service that provides tracking and delivery confirmation
- Make copies of everything you send for your personal records
What to Expect: Timeline After Submission
After mailing your NIW application package, here’s what to expect:
- Receipt Notice: You should receive a receipt notice within 2-4 weeks of submission
- Processing Time:
- Regular processing: 10-16 months
- Premium processing: 45 days
- Priority Date (PD): This is the date when USCIS receives your Form I-140 petition, marking your place in the queue for an immigrant visa number
Post-Approval Process Overview
After your NIW application is approved, the journey to your green card continues:
- Form I-140 Approval: USCIS assigns your priority date
- Priority Date Current: Your priority date must become current according to the Visa Bulletin published monthly by the U.S. Department of State
- Next Steps Depend on Your Location:
- If inside the U.S.: File Form I-485 (Application to Register Permanent Residence or Adjust Status)
- If outside the U.S.: Proceed with consular processing to obtain an immigrant visa
The time from NIW approval to receiving your green card typically ranges from several months to over a year, depending on your individual circumstances and current processing times.
