Forms Required for an EB-2 National Interest Waiver (NIW) Application

By SmartNIW AI, Dec 05 2024

The EB-2 National Interest Waiver (NIW) is a popular green card category for individuals with advanced degrees or exceptional abilities who can demonstrate that their work is in the national interest of the United States. Unlike other employment-based green card categories, NIW applicants can self-petition without an employer sponsor or a labor certification. However, submitting the correct forms and documentation is essential for a successful application.

Below is an overview of the forms required for an NIW petition:

1. Form I-140: Immigrant Petition for Alien Worker

This is the primary form for an NIW application. It serves as a petition to classify the applicant as eligible for an EB-2 visa under the National Interest Waiver category.

• Key Sections to Complete:
  • Part 1: Information About the Person or Organization Filing This Petition
  • Part 2: Petition Type
    • Select the appropriate classification. For an NIW, choose “An alien applying for an NIW (who IS a member of the professions holding an advanced degree or an alien of exceptional ability)“.
  • Part 3: Information About the Person for Whom You Are Filing
  • Part 4: Processing Information
  • Part 5: Additional Information About the Petitioner
  • Part 7: Information on Spouse and All Children of the Person for Whom You Are Filing
  • Part 8: Signature of Petitioner
  • For other parts, fill in if applicable and necessary.
• Filing Fee: $715
• Asylum Program Fee: $0-$600
• Supporting Documentation:
  • Evidence of advanced degree or exceptional ability.
  • Proof that the applicant’s work is of substantial merit and national importance.
  • Documentation demonstrating that waiving the job offer and labor certification requirements would benefit the United States.

2. Form ETA-9089 (Application for Permanent Employment Certification)

While the labor certification process is waived for NIW applicants, Form ETA-9089 is still required as part of the application to provide information about the applicant’s qualifications. Applicants should complete relevant sections pertaining to their education and experience.

Key Sections to Complete:

• Educational background.
• Professional experience.
• Any other qualifications pertinent to the NIW criteria.

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3. Form G-1145: E-Notification of Application/Petition Acceptance

Form G-1145 allows applicants to receive electronic notifications (e.g., email or text message) upon USCIS acceptance of their application. This form is optional but beneficial for staying informed about the application’s progress.

Tips for Filing Your NIW Application:

1. Organize Your Evidence: Provide clear, detailed documentation to support your eligibility, including evidence of your contributions, their significance, and their benefit to the U.S.
2. Follow USCIS Guidelines: Double-check all forms and instructions to ensure compliance with USCIS requirements.

By ensuring that all required forms are completed accurately and supported by strong evidence, you can maximize your chances of success in your EB-2 NIW application.