Example of the I-140 petition under the EB-1A category: EB1A.pdf

Example of the I-140 petition under the EB2-NIW category: EB2NIW.pdf

Example of a cover letter for the form I-485: I-485 Cover Letter.pdf

A person who successfully used my website to get approval under the EB2-NIW category asked me to upload these additional materials that you may find helpful.

An example of the I-140 petition (EB2-NIW), and filled I-140 and I-907 forms: Template EB-2 NIW.pdf

The Overleaf project zip (LaTeX template) with the same documents: Template EB-2 NIW.zip

A table with links to the drafts of recommendation letters.

Comments regarding package preparation.

This website https://andreychemist.github.io/ describes my personal story of immigration and includes my general discussion of the US immigration laws and practices. All information on this website is general information and do not constitute legal advice. I am not a lawyer and I am not affiliated with the USCIS or any other government agency. I do not give legal advice or guarantee the approval of your petition. Please consult a licensed immigration lawyer about your specific situation and circumstances.

Please check the correctness and relevance of all information on this website before taking any action. You are free to share it in any way possible, just please add the appropriate disclaimers that it is not legal advice.

Andrey Solovyev, 1 July 2018.

[email protected]

To apply for U.S. Green Card in the From I-140 step after your PERM Labor Certification approval, one way is that you can do-it-yourself for free by downloading Form I-140 and its instructions from USCIS website, and follow the instructions to complete the form filling. The better way is that you can order our Complete Do-It-Yourself Package to help you going through the complicated process. To help you obtain U.S. Green Card easily and quickly, we provide the high quality and case-proven Complete Do-It-Yourself Package for Form I-140 Immigrant Petition, based on our extensive and practical immigration experience. As added value in the Complete Do-It-Yourself Package for Form I-140 Immigrant Petition, we provide comprehensive instructions on U.S. immigration application requirements and processing, and we also provide you the methods of how to prepare the I-140 petition, how to colle ct evidence, and how to write the petition cover letter and the reference letters. We also provide step-by-step procedures for the I-140 petition, various petition strategies, in-depth explanation of From I-140 petition related issues, detailed sample cover letter, detailed sample reference letters, samples of filled forms, complete petition check list, petition required forms, in-depth case studies, and more. New immigrants can benefit from our added value to make the complicated application process much simpler and easier, at the same time meet the U.S. Government's rigorous requirements. Therefore, our Complete Do-It-Yourself Package for Form I-140 Petition is much more beneficial than the U.S. Government website's free service.  If you apply for U.S. Green Card by yourself, or if you have a lawyer to work for you, you will find our I-140 package is very efficient and helpful. With the I-140 package, you get all the information you need, and the step-by-step procedures and knowledge of how to file an I-140 petition correctly and efficiently. The following is a list of the I-140 package contents:          Our User's Testimonials          Order the Complete Do-It-Yourself Package from us

Kuck Baxter

I-140 Petition

Extraordinary ability.

There are very specific types of evidence which the United States Citizenship and Immigration Services (“USCIS”) will accept as proof of your extraordinary ability. Please keep in mind that “extraordinary ability means a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor, and therefore is not easily obtained.” The regulations require that an individual who seeks classification as a person of extraordinary ability must submit at least three of the following types of proof that you have sustained national or international acclaim and that your achievements have been recognized in your field of expertise:

  • A major internationally recognized award (e.g. Nobel Prize or Oscar);
  • Documentation of your receipt of lesser nationally or internationally recognized prizes or award for excellence in the field of endeavor;
  • Documentation of your membership in associations in the field for which classification is sought (art or architecture), which membership requires outstanding achievements of its members, as judged by recognized national or international experts in their disciplines or files;
  • Published material about you in professional or major trade publications or other major media, relating to your work in the field for which classification is sough (art or architecture). This evidence must include the title, date, and author of the material, and any necessary translations;
  • Evidence that you have participated, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought;
  • Evidence of your original artistic contributions of major significance in the fields of art or architecture;
  • Evidence of your authorship of scholarly articles in the field, in professional or major trade publications or other major media;
  • Evidence of the display of your work in at artistic exhibitions or showcases;
  • Evidence that you have performed a leading or critical role for organization or establishments that have a distinguished reputation;
  • Evidence that you have commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
  • Evidence of commercial successes in the performing arts, as shown by box office receipts, or record, cassette, compact disc or video sales.

EXCEPTIONAL ABILITY AND THE NATIONAL INTEREST WAIVER

The second preference immigrant classification also permits a person of “exceptional ability in the sciences, arts, or business” to qualify for a waiver of the job offer and labor certification requirements. “Exceptional Ability” has been defined as possessing a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. To prove your qualification for this category, we would need to show at least three of the following:

  • An official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, or other institution of learning relating to the area of exceptional ability;
  • Evidence in the form of letter(s) from current or former employer(s) showing that you have at least ten years of full-time experience in the occupation for which you are being sought;
  • A license to practice the profession or certification for a particular profession or occupation;
  • Evidence that you have commanded a salary or other remuneration for services which demonstrate exceptional ability;
  • Evidence of membership in professional associations; or
  • Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

NATIONAL INTEREST WAIVER

The most difficult part of this process, however, is the “national interest” waiver of the labor certification requirements. Congress has determined that the USCIS may waive the requirements of a job offer, and thus a labor certification, for advanced degree holders and persons of exceptional ability in business, if that waiver would be in the “national interest.” Neither Congress nor the USCIS has ever officially defined “national interest,” although recent interpretive decisions by the Administrative Appeals Unit of the USCIS, and other sources, give some guidance on what the USCIS is likely to consider “in the national interest.”

In its most authoritative decision to date on this question, the USCIS has noted several factors which may be considered in applying the national interest test to an alien of exceptional ability in business. These factors are:

  • Improving the U.S. economy;
  • Improving wages and working conditions of U.S. workers;
  • Improving education and training programs for U.S. children and under-qualified workers;
  • Improving health care;
  • Providing more affordable housing for young and/or older, poorer U.S. residents;
  • Improving the environment of the U.S. and making more productive use of natural resources; or
  • A request from an interested U.S. government agency.

The proof of the seven factors noted above varies widely depending on the occupation of the person applying for the waiver. In addition to the required forms, we would like to submit some or all of the items listed below. In addition to this evidence, we will submit a cover letter/brief summarizing the evidence and arguing why waiver of the job offer/labor certification requirement would be in the “national interest.”

Although this is a rather brief synopsis of complex process, it does convey the quality and quantity of documentation we should submit. I am sure you also understand the vagaries of the USCIS and the possibility of incorrect decisions. For this reason, we want to present USCIS with the most complete and detailed petition possible. We would also require your assistance is gathering some of the letters and information described above, as well as completing the enclosed background questionnaire.

To the extent you have any additional publications, or have any additional evidence satisfying the categories outlined above, please let me know immediately so that I can direct your effort to obtain proper documentation.

Extraordinary Ability National Interest Sample Letter

Download this page in MS Word format

ON LETTERHEAD OR NAME AND ADDRESS TO BE RETURNED DIRECTLY TO KUCK CASABLANCA LLC DO NOT SEND TO IMMIGRATION

Director Texas Service Center Immigration & Naturalization Service P.O. Box 152122, Dept “A” Irving, TX 75015-2122

Dear Director:

I understand that you are considering a National Interest Waiver Immigrant Visa Petition from Mr.__________. I am well acquainted with Mr. _______, as I have worked extensively with him in [DESCRIBE HOW YOU KNOW MR. _______] .

Before I address the impact of Mr. _______’s presences in the United States, a short synopsis of my own expertise and background is in order. [PLEASE INSERT A TWO TO THREE PARAGRAPH DESCRIPTION OF YOURSELF ESPECIALLY FOCUSING ON YOUR BACKGROUND IN THE AREA OF EXPERTISE, EITHER PRIVATE OR PUBLIC, AND ATTACH A RESUME TO THE LETTER.] My attached resume/biography further details my employment background and expertise.

[PLEASE INSERT A BRIEF DESCRIPTION OF THIS AREA OF EXPERTISE IN THE UNITED STATES, FOCUSING ON THE CURRENT WORK BEING DONE BY YOU THAT IS RELATED TO MR. _______’S WORK].

Mr. _______’s knowledge and understanding of [INSERT AREA OF EXPERTISE] are extremely beneficial to and needed by United States. [DESCRIBE WHO NEEDS THIS EXPERTISE AND WHY]. Without someone of Mr. _______’s background and prestige, the United States’ impact in this area will be [DESCRIBE EFFECT IF MR. _______ IS NOT GRANTED PERMANENT RESIDENCE AND IS NOT ALLOWED TO STAY IN THE U.S. ]. Mr. _______’s presence in the United States as an _________________________ will facilitate and enhance our standing and will certainly lead to [DESCRIBE PROSPECTIVE RESULTS OF MR. _______’S WORK AND WHY THAT WOULD BE HELPFUL TO THE UNITED STATES].

I appreciate your time in considering this letter. If I can be of further service, please contact me.

Very truly yours,

[NAME AND TITLE]

Extraordinary Ability Sample Letter from Colleague

ON LETTERHEAD OR NAME AND ADDRESS TO BE RETURNED DIRECTLY TO KUCK IMMIGRATION PARTNERS LLC DO NOT SEND TO IMMIGRATION

Director INS Service Center

I understand that you are considering an Extraordinary Ability Immigrant Visa Petition from ___________. I am well acquainted with _______________, as I have worked extensively with him in [DESCRIBE HOW YOU KNOW _______________] .

Before I address the impact of _______________’s work in the United States, a short synopsis of my own expertise and background is in order. [PLEASE INSERT A TWO TO THREE PARAGRAPH DESCRIPTION OF YOURSELF ESPECIALLY FOCUSING ON YOUR BACKGROUND IN THE AREA OF EXPERTISE, EITHER PRIVATE OR PUBLIC, AND ATTACH A RESUME TO THE LETTER.] My attached resume/biography further details my employment background and expertise.

[PLEASE INSERT A BRIEF DESCRIPTION OF THE CURRENT STATUS OF THIS AREA OF RESEARCH IN THE UNITED STATES, FOCUSING ON THE CURRENT RESEARCH BEING DONE BY YOURSELF THAT IS RELATED TO _______________’S WORK].

_______________’s knowledge and understanding of [INSERT AREA OF EXPERTISE] are desperately needed by United States. [DESCRIBE WHO NEEDS THIS RESEARCH EXPERTISE AND WHY]. Without someone of _______________’s background and prestige, the United States’ research in this area will be severely and negatively affected. [DESCRIBE WHY WITHOUT HIS/HER ASSISTANCE THE U.S. WOULD LOSE VALUABLE TIME AND EXPERTISE]. _______________’s presence in the United States as a researcher and scientist will facilitate and enhance our standing and will certainly lead to [DESCRIBE PROSPECTIVE RESULTS OF _______________’S WORK AND WHY THAT WOULD BE HELPFUL TO THE UNITED].

SUPPORT DOCUMENTATION FOR O-1 PETITION

A. corporate (prospective u.s. employer):.

  • Certificate and Articles of Incorporation;
  • Employer’s Federal Tax Identification Number;
  • Current annual report and/or audited financial statement, or federal corporate income tax return;
  • Any available promotional pamphlets and brochures which describe the company and its various products, service, etc;
  • A complete job description for the individual’s proposed position — including a list of all job duties; title of immediate supervisor, number and title of persons supervised, and annual salary and benefits information;
  • Full name and title of contact person at company who will coordinate paperwork and the full name and title of the company’s authorized signatory for documents; and

B. INDIVIDUAL (Foreign national seeking O-1 status):

  • Completed Immigration Questionnaire (KIP Form) and Working Visa Addendum (KIP Form);
  • Photocopies of individual’s passport and I-94 Card, and those of his/her immediate family members who will accompany him/her to the United States, all Forms I-20 or IAP-66 and copy of Employment Authorization Card, if any;
  • Individual’s resume, curriculum vitae, etc.;
  • Photocopy of individual’s university or trade school diplomas and certificates, and course transcripts, if available;
  • Copies of any awards, certificates, notices or any other evidence showing extraordinary ability;
  • Reference letters from professionals confirming extraordinary ability;
  • Photocopy of individual’s professional licenses, professional society membership certificates or cards, etc, if any;
  • Any conveniently available letters, payroll records, etc. verifying individual’s prior work history.

OUTSTANDING RESEARCHERS AND PROFESSORS

The provisions governing outstanding researchers and professors were first authorized by Congress in the Immigration Act of 1990. Since that time, United States Citizenship and Immigration Service (“USCIS”) regulations and decisions have clarified the requirements of and necessary documentary evidence for proving that one is an “outstanding researcher and/or professor.” Currently, the USCIS requires you to prove your outstanding nature in your field by submitting items in at least two of the following areas:

  • Documentation of your receipt of major prizes or awards for outstanding achievement in the academic field;
  • Documentation of your membership in associations in the academic field which require outstanding achievements of their members;
  • Published material in professional publications written by others about your work in the academic field. This material must include the title, date, and author of the material and any necessary translation;
  • Evidence of your participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field;
  • Evidence of your original scientific or scholarly research contributions in the academic field; or
  • Evidence of your authorship of scholarly books or articles in scholarly journals with international circulation in the academic field.

We must also establish that you have at least three years of experience in teaching and/or research in the academic field. Experience in teaching or research while working on an advanced degree is acceptable only if you actually acquired the degree, and the teaching duties were such that you had full responsibility for the class taught, or the research conducted toward the degree has been recognized within the academic field as outstanding. Evidence of teaching and/or research experience must be in the form of letters(s) from current or former employer(s) and must include the name, address, and title of the writer, and a specific description of the duties you performed. Finally, you must also have an offer of employment for a temporary research position in your academic field.

To aid us in our assessment of whether not you meet these requirements, we ask that you complete the two attached questionnaires and return them to us with your details CV, copies of your degrees, and transcripts (unofficial is fine), with translation to English, if necessary.

(EB-2) OUTSTANDING RESEARCHERS, ADVANCED DEGREE HOLDERS, FOREIGN NATIONALS OF EXCEPTIONAL ABILITY AND NATIONAL INTEREST WAIVERS

This memo summarizes and discusses the possibility of classifying you as an outstanding researcher and the possibility of petitioning for you as an advanced degree holder or person of exceptional ability with a waiver of the labor certification requirement being in the “national interest.” Both petitions permit you to skip the labor certification process and obtain an immigrant visa. This process will be significantly less time-consuming than a regular labor certification and, of course, much less expensive.

OUTSTANDING RESEARCHERS

We must also establish that you have at least three years of experience in teaching and/or research in the academic field. Experience in teaching or research while working on an advanced degree is acceptable only if you actually acquired the degree, and the teaching duties were such that you had full responsibility for the class taught, or the research conducted toward the degree has been recognized within the academic field as outstanding. Evidence of teaching and/or research experience must be in the form of letters(s) from current or former employer(s) and must include the name, address, and title of the writer, and a specific description of the duties you performed. Finally, you must also have an offer of employment for a permanent research position in your academic field.

ADVANCED DEGREE HOLDERS, EXCEPTIONAL ABILITY ALIENS, AND THE NATIONAL INTEREST WAIVER

You may also qualify for permanent residence through two separate classifications of the employment-based second preference immigrant category. First, the “Advanced Degree Holder” classification permits persons who are members of the “professions” holding advanced degrees to seek permanent residence through either a labor certification or through a “national interest waiver” of the labor certification requirement. A “profession” is defined under immigration rules as any occupation for which a U.S. baccalaureate degree or its foreign equivalent is the usual minimum requirement for entry into the occupation. An advanced degree has been defined to be any U.S. academic or professional degree or a foreign equivalent above that of baccalaureate.

EXCEPTIONAL ABILITY

The second preference immigrant classification also permits a person of “exceptional ability in the sciences, arts, or business” to qualify for a waiver of the job offer and labor certification requirements. “Exceptional Ability” has been defined as possessing a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. To prove your qualification for this category, we would need to show at least three of the following:

The most difficult part of this process, however, is the “national interest” waiver of the labor certification requirements. Congress has determined that the USCIS may waive the requirements of a job offer, and thus a labor certification, for advanced degree holders and persons of exceptional ability in business, if that waiver would be in the “national interest.” Neither Congress nor the USCIS has ever officially defined “national interest,” although recent interpretive decisions by the Administrative Appeals Unit of the USCIS, and other sources, give some guidance on what the USCIS is likely to consider “in the national interest.”

The proof of the seven factors noted above varies widely depending on the occupation of the person applying for the waiver. In addition to the required forms, we would like to submit some or all of the following items in your case:

  • Letters from prominent individuals within your research area describing the need for your continued services in this research area;
  • U.S. government policy statements on the national interest area (we will obtain these);
  • Letters from other respected persons in the field recognizing your abilities in your field (preferably former colleagues); and
  • A letter from U.S. University professors or researchers describing your abilities, and the need for your research services in the United States (attached is a sample letter).

Although this memo is a rather brief synopsis of complex process, it does convey the quality and quantity of documentation we should submit. We are sure you also understand the vagaries of the USCIS and the possibility of incorrect decisions. For this reason, we want to present USCIS with the most complete and detailed petition possible. We would also require your assistance is gathering some of the letters and information described above, as well as completing the enclosed background questionnaire.

Please send to us the documentation verifying those criteria that you satisfy, including copies of all articles about you and your work published in journals from the academic field; evidence of your own scholarly research; copies of any documents verifying awards you may have won or received; copies of all article(s) you may have written (we have the English language articles), your curriculum vitae, and several letters of reference. Attached is a sample letter for you to use in obtaining references from colleagues in your field. You should plan on obtaining at least five to seven of these letters.

Outstanding Researcher Sample Support Letter

ON LETTERHEAD OR NAME AND ADDRESS TO BE RETURNED DIRECTLY TO KUCK IMMIGRATION DO NOT SEND TO IMMIGRATION

Director Texas Service Center Immigration & Naturalization Service Mesquite, TX

I understand that you are considering an Outstanding Researcher Immigrant Visa Petition from Dr. [NAME]. I am well acquainted with Dr. [NAME], as I have worked extensively with him in [DESCRIBE HOW YOU KNOW Dr. [NAME] .

Before I address the impact of Dr. [NAME] presence in the United States, a short synopsis of my own expertise and background is in order. [PLEASE INSERT A TWO TO THREE PARAGRAPH DESCRIPTION OF YOURSELF ESPECIALLY FOCUSING ON YOUR BACKGROUND IN THE AREA OF EXPERTISE, EITHER PRIVATE OR PUBLIC, AND ATTACH A RESUME TO THE LETTER.] My attached resume/biography further details my employment background and expertise.

[PLEASE INSERT A BRIEF DESCRIPTION OF THE CURRENT STATUS OF THIS FIELD IN THE UNITED STATES, FOCUSING ON THE CURRENT WORK BEING DONE BY YOU THAT IS RELATED TO Dr. [NAME] WORK].

Dr. NAME’s knowledge and understanding of [INSERT AREA OF EXPERTISE] would be a great blessing to the United States. [DESCRIBE WHO NEEDS THIS EXPERTISE AND WHY]. Without someone of Dr. NAME’s background and prestige, the United States’ impact in this area will be [DESCRIBE EFFECT IF DR. [NAME] IS NOT ALLOWED TO REMAIN iN THE U.S. ]. Dr. NAME’s presence in the United States as an [IDENTIFY AREA OF EXPERTISE] will facilitate and enhance our standing and will certainly lead to [DESCRIBE PROSPECTIVE RESULTS OF Dr. NAME’S WORK AND WHY THAT WOULD BE HELPFUL TO THE UNITED STATES].

EB-1 Sample Support Letter

I understand that you are considering an Extraordinary Ability Immigrant Visa Petition from Dr. [NAME]. I am well acquainted with Dr. [NAME], as I have worked extensively with him in [DESCRIBE HOW YOU KNOW Dr. [NAME] .

Dr. NAME’s knowledge and understanding of [INSERT AREA OF EXPERTISE] would be a great blessing to the United States. [DESCRIBE WHO NEEDS THIS EXPERTISE AND WHY]. Without someone of Dr. NAME’s background and prestige, the United States’ impact in this area will be [DESCRIBE EFFECT IF Dr. [NAME] IS NOT ALLOWED TO ENTER IN THE U.S. ]. Dr. NAME’s presence in the United States as an [IDENTIFY AREA OF EXPERTISE] will facilitate and enhance our standing and will certainly lead to [DESCRIBE PROSPECTIVE RESULTS OF Dr. NAME’S WORK AND WHY THAT WOULD BE HELPFUL TO THE UNITED STATES].

SUPPORT DOCUMENTATION FOR I-140 IMMIGRANT PETITION AND THE I-485 APPLICATION TO ADJUST STATUS

From the petitioning u.s. company:.

  • Photocopies of the U.S. company’s 2008 Federal Income Tax Returns or Financial Statements
  • Name, title and address of U.S. company’s signatory for the immigration forms
  • Current number of employees at U.S. company
  • Confirmation of foreign national’s job title
  • Confirmation of foreign national’s job description
  • Confirmation of foreign national’s annual salary
  • Confirmation of foreign national’s work address
  • Organizational chart showing foreign national’s position with the U.S. company. The chart should provide the individual’s name and title, the supervisor’s name and title, and any direct subordinate(s)’ name(s) and title(s)
  • Photocopy of U.S. company’s business lease

FROM THE FOREIGN COMPANY:

  • Organizational chart showing foreign national’s previous position with foreign company prior to transfer. The chart should provide the individual’s name and title, the supervisor’s name and title, and any direct subordinate(s)’ name(s) and title(s)
  • Photocopies of the foreign company’s 2008 Tax Returns or Financial Statements
  • Current number of employees at foreign company
  • Photocopies of documents evidencing relationship between U.S. company and foreign company

FROM THE FOREIGN NATIONAL AND FAMILY MEMBERS:

  • Completed Immigration Questionnaire for each applicant (please see email for link). It is important that all questions are answered completely and legibly. The answers you provide will be used to complete the immigration forms for your application.

We specifically need to know your address for the last 5 years (with dates), full names and biographical information for immediate family members (spouses, children, parents), whether you/your spouse have been previously married, whether you or any of your family members have been arrested for ANY reason

  • Photocopies of all passport pages, visas, and front and back of Form I-94 card (white card received at the airport) for each applicant
  • Photocopies of all Form I-797 (Notice of Actions) or Form I-20 Student evidencing past visa status in the United States for each applicant
  • Photocopies of long-form/unabridged birth certificates with certified English translation for each applicant
  • If you have been arrested for any reason (including traffic offenses) – please obtain court-certified documents of the arrest and disposition and immediately notify our office by phone/email and send us copies by mail. Failure to do so may affect the processing of your case;
  • your Federal Income Tax Returns and W-2 Forms for the last 3 years;
  • Photocopies of marriage certificates with certified English translation; and
  • Photocopies of termination decrees for past marriages with certified English translation, if applicable
  • 6 passport photos for each applicant (see enclosed Specification Sheet for more information);
  • Sealed Medical Examination Results from one of the Immigration-approved Physicians listed on the enclosed sheet. Each applicant will need to make an appointment with one of the doctors listed, and take the Form I-693 and Supplement Form for the doctor to complete. We will provide the Form and Supplement to you when we mail all forms for signature. The doctor will also have this available at their office. Please do not open the envelope . We will submit the sealed envelope together with the requested forms and supporting documentation. For a list of approved physicians near you, please visit the CIS website at https://www.uscis.gov/tools/find-a-civil-surgeon ;
  • Checks or money orders payable to U.S. CITIZENSHIP AND IMMIGRATION SERVICE to cover the applicable immigration filing fees.

If you would like further information about specific case scenarios or situations, please call our office or email us at [email protected] to speak to one of experienced immigration attorneys.

IMMIGRATION PROCESSES

Recruitment:.

The labor certification is the first in a three step process to becoming a legal permanent resident that involves both the Department of Labor (“DOL”) and the United States Citizenship and Immigration Services (“USCIS”). The law requires that you continue to be employed by your current employer throughout all three steps of this process for the granting of legal permanent residency to be valid. If you leave your employer or make a significant job change with the same employer, the process must be started all over again.

The law requires that your employer file a labor certification application on your behalf with the DOL. That application must satisfy the DOL that there are no minimally qualified U.S. workers who could perform your job, as it existed when you began your employment with your employer. To satisfy these requirements, our preparation of the labor certification will focus on 4 areas:

  • The skills necessary to perform your job
  • How you acquired those skills prior to joining your current employer
  • How your employer recruited for your position
  • Whether there were any qualified applicants for your position

Recruitment Efforts and Results for your Position

While the DOL looks to your original date of hire for some purposes, it looks to the date of the filing of the labor certification for others, including the recruitment requirement. Initially, the DOL does not require that your employer show recruitment for your position at the time of your initial hire, because you were hired as an H-1B temporary worker. Now that your employer has decided to pursue a labor certification for you, the DOL considers that a “real” position for which U.S. workers should be considered.

Labor certifications can be filed via the “regular” process or the “Reduction in Recruitment” (“RIR”) Process. The regular process requires that we submit an application to the State Employment Services Agency (“SESA”) of the DOL and wait for instructions regarding where and when to place a very specific advertisement for your position. The DOL then receives the resumes submitted in response to this ad and forwards them to your employer for review. Your employer then submits the results of this review to the SESA. If the SESA is satisfied that there were no available and qualified U.S. workers, then the SESA will forward the application to the regional office of the DOL for processing

The RIR process allows your employer to avoid having the DOL provide very specific recruitment instructions. Instead, your employer submits proof of its recruitment efforts for your position, and the results of those efforts to the SESA at the same time it files your application. If the SESA is satisfied, it will forward the application to the regional office for processing.

In order to take advantage of the RIR process , your employer must submit proof of advertising for your position during the six months prior to filing your labor certification. This proof must include print ads, internet ads and an internal posting for 10 business days.

Finally, once recruitment is conducted, your employer will review resumes to determine if any of them should be reviewed by your manager. BY LAW YOU ARE NOT PERMITTED TO PARTICIPATE IN THIS PART OF THE PROCESS. If no qualified applicants are identified, we will file the application with the SESA.

I-140 IMMIGRANT PETITION BASED ON LABOR CERTIFICATION

Once your labor certification is approved, your employer must file an I-140 immigrant petition for you with the USCIS. This can be done once the labor certification is approved, regardless of your country of birth or your level of education or experience. The USCIS will classify you in the “second” or “third” preference category. In most cases, if your position requires a Masters Degree or a BS plus 5 or more years experience of progressive related experience, and you possess that level of education and/or experience, you will be placed in the 2nd preference category. If your position requires less than this level of education or experience, you will be placed in the 3rd preference category. Your preference category, country of birth and date of filing your labor certification (“priority date”) will determine when you can file your adjustment of status application.

I-140 OUTSTANDING RESEARCHER/PROFESSOR

  • Three Years of Research Experience Prior to the Date of Filing the Petition
  • Holding Research Position with Employer
  • Documentation of the foreign national’s receipt of major prizes or awards for outstanding achievement in the academic field
  • Documentation of the foreign national’s membership in associations in the academic field which require outstanding achievements of their members
  • Published material in professional publications written by others about the foreign national’s work in the academic field
  • Evidence of the foreign national’s participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field
  • Evidence of the foreign national’s original scientific or scholarly research contributions to the academic field
  • Evidence of the foreign national’s authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field

SUPPORT DOCUMENTATION FOR THE I-140 IMMIGRANT PETITION

From the petitioning company:.

  • Photocopies of most recent Annual Report or Financial Statements;
  • Federal Tax I.D. Number (EIN);
  • Name, title and address of company’s signatory for the immigration forms;
  • Name and address of company’s headquarters;
  • Year, city and state company was established;
  • Current number of employees;
  • Confirmation of foreign national’s annual salary;
  • Confirmation of foreign national’s work address;
  • Photocopies of company’s marketing brochures, certificate and articles of incorporation, etc.;
  • Check payable to US CITIZENSHIP AND IMMIGRATION SERVICES to cover the applicable filing fee.

FROM THE FOREIGN NATIONAL:

  • Your U.S. Address and telephone number;
  • Full name, date of birth, and country of birth of spouse and children, if applicable;
  • Photocopies of all passport pages, visas, and front and back of Form I-94 card (white card received at the airport);
  • Photocopies of all Form I-797 (Notice of Actions) or Form I-20 Student evidencing past visa status in the United States;
  • Photocopies of W-2 forms with Petitioner since the year the Labor Certification was filed;
  • Photocopies of this month’s pay statements with Petitioner;
  • Signed letter from previous employer(s) evidencing employment to show you meet the requirements listed on the Form ETA-9089;
  • Completed Immigration Questionnaire for each applicant (form attached). It is important that all questions are answered completely and legibly. The answers you provide will be used to complete the immigration forms for your application. We specifically need to know your address for the last 5 years (with dates), full names and biographical information for immediate family members (spouses, children, parents), whether you/your spouse have been previously married, whether you or any of your family members have been arrested for ANY reason;
  • Photocopies of all passport pages, visas, and front and back of Form I-94 card (white card received at the airport) for each applicant;
  • Photocopies of all Form I-797 (Notice of Actions) or Form I-20 Student evidencing past visa status in the United States for each applicant;
  • Photocopies of long-form birth certificates with certified English translation for each applicant;
  • Your Federal Income Tax Returns and W-2 Forms for the last 3 years;
  • Photocopies of marriage certificates with certified English translation;
  • 6 passport photos for each applicant;

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How to write your EB1 Petition/Cover Letter

The EB-1 green card cover letter is the backbone of your application. It compiles your evidence and presents a complete and compelling image of your extraordinary career. When formatted correctly, it simplifies the adjudication of your application and can increase your chances of approval. This format can be used for any of the extraordinary visas, including EB1-B, EB2, EB3, NIW, the O1A, O1B and even the P visas. Read more here on extraordinary visas .

Your number one goal should be to make it easy for your examiner to approve you.

It is not difficult to get your petition letter written. If you read examples of petition letters you will see most have the same format. Many attorneys may require you to write your own. Have a read below on how to structure it.

The petition letter should be factual, written to support your extraordinary ability/achievement case to the USCIS. This is the legal argument portion of your application. Your petition letter is your opportunity to present and prove the relevance of your career achievements, linking them in ways to best suit your petition. This letter will be submitted along with the green card I-140 form, fee and extraordinary evidence or the I-129 form and fee if applying for most temporary visas.

The structure is as follows:

  • explaining what category you are applying for
  • Opening Statements – Lead in, catch their attention, and get straight to the point.
  • One criterion at a time – Present your case and weave it together. Choosing the phraseology that will connect you with your examiner.
  • Get the most out of those Recommendation Letters.
  • Comparative Evidence – Petitioning with evidence that does not fall under the 10 criteria.
  • Closing Statements – Short wrap up, summarization with a closing argument.

This is the overview. You should keep everything to the essentials that they need to know. You shouldn’t overwrite these documents.

Short Top Sheet Cover letter

  • Full return address
  • Subject line with the name of visa you are applying for
  • If on a current visa explain status or detail if you have had previous visas
  • Thank the officer for their time
  • Mention any stage names you have worked/work under
  • List of forms and fees included
  • List any ‘Special Considerations’
  • Signed by you if self sponsored
  • the O-1 petition should be signed by your sponsor(petitioner) and have their name and address but you listed as the beneficiary

Next a longer continuation often known as the ‘Memorandum in Support of a Petition’

  • Short biography where you factually present your career
  • Mention any stage names you have worked under
  • briefly chat about accolades
  • Add appropriate phrases from recommendation letters and reviews to give an overview of your awesomeness.
  • Each [criterion] that you are submitting under is then argued bolstered by the evidence you are providing, recommendation letters and upcoming work. *Each criterion should be argued separately
  • Short conclusion

Short biography – we see this as telling “your story” an opportunity to add pertinent information eg if applying as an actor but previously you had a career as an engineer you can mention that in passing but if you won an engineering award you shouldn’t submit that under ‘Awards’ as it is not within the field that you intend to earn a visa in or continue to work in. Try keep your application relevant to your specialty.

All your claims in your petition letter should be backed up with your [evidence] (newspaper articles etc.), ‘extensive documentation’ as the USCIS calls it, your petition letter is best presented with an Index of Exhibits. This helps the examiner quickly find the referring evidence. The key to any government application is providing thorough and methodical support material.

The key to a successful petition letter is to keep it factual and succinct. This is not a prose exercise – your examiner doesn’t have time for flowery language. It’s not necessary to use the thesaurus. Keep it simple and assertive.

This is not a time to be shy either – as this is a paper application, the USCIS never look at the quality of your work as a critic but rather through the eyes of your peers and critics that you present in your case. You will never submit a ‘portfolio’ only the requested evidence. It is an explanation letter that tells the story of who you are as an artist, an athlete, scientist, business person, educator, each chapter a criterion.

You can choose to write the extraordinary ability letter in the first person or third person if being submitted by an attorney. All O visa letters, however, are written in third person as they are sponsored visas.

EB1 Petition Letter Sample

Dear USCIS Officer,

I wish to petition for an EB1 Extraordinary Ability Green Card. This petition is being submitted under the provisions of INA §203(b)(1)(A) and 8 CFR 204.5 in the field of arts, athlete, business, science, education.

Brief introduction, explaining your background and qualifications. This should include your current immigration status, education, and pertinent experience.

Evidence of Extraordinary Ability: This is the most important section of the petition letter and should be well-documented – this will count as your evidence. You should provide concrete evidence that you have sustained national or international acclaim and recognition in your field.

Argue that you qualify as an award winner.

You will argue each criteria that you qualify for. You need only 3 to qualify:

Receipt of nationally or internationally recognized prizes or awards for excellence in the field. [Necessary Proof]

Membership in associations in the field which demand outstanding achievement of their members. [Necessary Proof]

Published material in professional or major trade publications or other major media about you, relating to your work in the field. [Necessary Proof]

Participation, either individually or on a panel, as a judge of the work of others in the same or in a similar field. [Necessary Proof]

Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field. [Necessary Proof]

Authorship of scholarly articles in the field, in professional journals, or other major media. [Necessary Proof]

Display of your work at artistic exhibitions or showcases. [Necessary Proof]

Evidence of performance of a leading or critical role in distinguished organizations. [Necessary Proof]

Command a high salary or other significantly high remuneration in relation to others in the field. [Necessary Proof]

Show commercial successes in the performing arts. [Necessary Proof]

Weave in how you have sustained national or international acclaim. [Necessary Proof]

Substantially benefit prospectively the United States. [Necessary Proof]

How you will continue to work in your area of extraordinary ability.

Conclusion: In the conclusion, summarize the key points of the petition and express your confidence in your eligibility for the EB1 Extraordinary Ability Green Card as you qualify in [list criteria], have sustained national or international acclaim, will substantially benefit prospectively the United States and will continue work in your area of extraordinary ability.

Thank you for your time and consideration.

Sincerely, [Your Name]

Make it easy for your USCIS officer to approve you.

Yes, make it easy for the USCIS officer to approve you by allowing them to check off their boxes but don’t make it easy for them to deny you, too. We recommend a short conclusion will mean the examiner will be required to read your application rather than skip to the end.

  • Your petition letter should be printed on a US Letter sized paper.
  • Dates in US format MM/DD/YYYY
  • Use USA Spelling no matter how much it upsets you.
  • Number each page in the footer.
  • If you have an ‘alien number’ from a previous application add that to the footer. If this is your first application add your name and date of birth (US format MM/DD/YYYY).

If you are applying using an attorney we beg that you read your petition letter before it is submitted on your behalf – read Reasons Why Denied Rejected.

Check out how to collate the petition letter, your evidence and [index of exhibits here]. Your petition letter should be accompanied by [recommendation letters].

So how do we know how to build this letter? We wrote our own EB1 petition letters. Some of us used guides , and one of us, Z, built his own using the document USCIS document Request for Evidence Template . This template is a document that provides guidance for filing Form I-140 with extraordinary ability in the sciences, arts, education, business, or athletics.

All articles are written from our experiences and the experiences of our colleagues. These are fantastic visas and we wish to empower others in applying.

If you have any questions or encounter any issues that we have left out let us know – it is important that others are aware. Email here!

Read HOW TO APPLY HERE .

How many pages are EB-1 petition letters?

If you qualify under the “One Time Award” your petition letter should be around 5 pages. If you are satisfying more than 3 criteria, for the experience of artists using our guides the petition letter average page length is 12 – 22.

The Seltzer Firm

Outstanding service extraordinary results, practice limited to immigration and nationality law, immigration options, the i-140, immigrant visa petition, the greencard and beyond.

cover letter for i 140 petition

Ten Tips for Making Your EB-1/EB-2 I-140 Petition Extraordinary

1. talk to your client…don’t just go by your client’s cv.

While a client’s CV may be helpful in getting an initial sense of his qualifications, its worth having a discussion with your client to get a clearer picture of what he does that sets him apart. You may need to meet with your client repeatedly to help him/her understand the regulatory criteria and how his achievements can be shown to satisfy those criteria. Many individuals are so involved in their work that they do not necessarily view what they are doing as extraordinary or outstanding, while others may be too humble to ‘brag.’ Review the criteria with them several times — each time, new information will come out.

2. Make the petition easy for the USCIS officer to approve

Always tell a story that the USCIS Adjudicator will understand and enjoy. Whether your client is an artist or a scientist, you must make what he or she does interesting and understandable. This may seem obvious, but if the USCIS adjudicator does not understand the beneficiary’s work or the significance of her accomplishments, the I-140 petition will probably not be approved. The most striking aspects of the beneficiary’s ‘extraordinary ability’ should be readily apparent, and should be presented in terms that have meaning for, and are likely to make an impression on a lay person. This means less ‘technical mumbo-jumbo’, as one Service Center Director lamented, and more ‘man on the street.’ If its not something you, as the preparer will understand, you certainly cannot expect a USCIS adjudicator to understand.

In fact, you may want to include a public policy argument, as there are numerous reports about how the U.S. is losing its technological edge because there is a huge skill gap in this country. It’s probably not going to make a difference with USCIS or the AAO, but when you take it to federal court – then the policy argument may make a difference. Take a look at: “Attracting the Best and the Brightest: A Critique of the Current U.S. Immigration System,” Chris Gafner & Stephen Yale-Loehr, 38 Fordham Urb. L.J. 183 at 202 (2010); and the USCIS STEM Degree OPT Extension Regulation for ideas on how to make a policy argument.

3. Reference letters as a tool to inform

Perhaps the most frequently asked questions about EB-1/EB-2 petitions pertain to the letters: how many, from whom, what should they include, what should they not include, and does USCIS even look at them? There is no one clear answer to any of these questions (including whether or not USCIS reads them), but for an adjudicator friendly approach, consider using the letters to explain what the applicant does at a level anyone can understand. This is not to say that a letter asserting the ‘major significance of beneficiary’s contributions’ or the ‘truly groundbreaking results’ is sufficient; in fact, such statements could be understandably categorized in an RFE or denial as ‘mere assertions’ or ‘vague claims of contributions.’

Adjudicators review petitions from individuals in many different and distinct fields. In any one day, it is possible that a USCIS adjudicator reviews petitions from such diverse occupations as writer, mechanical engineer, biochemist, painter, virologist, not to mention the many different specialties and sub-specialties. Therefore, for the letters to be of value to the petition, they should explain the individual’s skills and expertise in terms that a lay person – someone with absolutely no knowledge of the field – can understand. The letters should be a bridge from the unfamiliar to the everyday; they are an opportunity to give meaning to what otherwise may be perceived as ‘technical mumbo-jumbo.’

Moreover, as to the question of ‘whom’, do not rely solely on your client to find support letter authors. Think of other clients or connections that you might have who could do letters, or help you find others to do letters. Look on-line for people who might be helpful. Network!

In a recent AAO precedent decision, Matter of Skirball, 25 I&N Dec. 799 (AAO 2012), the AAO found that where the RFE does not question the credentials of the experts, take issue with their knowledge, or otherwise find reason to doubt the veracity of their testimony, it has no basis to reject the reliability and relevance of testimony to the specific facts in issue.

4. Document, document, document

USCIS adjudicators are not experts in the many different fields our clients engage in, and cannot be expected to understand the importance of the Maurice H. Cottle Award, or even the Fields Medal. Rather, if documentation of such an award is included, evidence of the criteria for such an award, the selection process, and the reputation of the organization granting the award should also be included. Similarly, if you are arguing ‘judge of the work of others,’ make sure to evidence that your client did the review work, not just that he was invited to do it. If you are arguing ‘memberships in organizations that require outstanding achievement,’ you must evidence more than that the client is a member; you must also include the organizational by-laws to show that the membership was granted based on outstanding achievement.

However, all of this should be balanced against the preponderance of the evidence standard, and it’s often helpful to remind USCIS of the same.

5. More is not necessarily better, sometimes it’s just more

Notwithstanding the advice above, drowning a petition in documentation is not the best strategy as it makes it a much harder chore for the USCIS adjudicator. Moreover, it may also have the unintended consequence of masking the beneficiary’s achievements, focusing USCIS’ attention on a ‘travel award’ and away from the 500 articles that cite to the beneficiary’s findings. Make sure that all the documentation clearly relates to the beneficiary and the beneficiary’s achievement.

6. Make Google Your Friend, Not Your Enemy

Remember that USCIS Adjudicators have the same access to the Internet that you have. If you Google your client’s name and nothing comes up, you will probably have a hard time convincing an examiner that your client is extraordinary. In fact. USCIS is concerned about fraud (See Matter of X, LIN 06 256 51548, (AAO April 9, 2010). Fact check before you file your petition. If one of the support letters says that the applicant published an article in Nature, make sure you have documentation proving that the applicant published an article in Nature such as a copy of the article, letter from the journal verifying publication, etc; make sure the applicant’s name is spelled correctly in the support letters and that there are no factual inconsistencies between letters. Google your client to make sure they are telling the truth and not making it all up.

7. An O-1 does not equal EA

While the criteria for a non-artist O-1 petition and the criteria for an alien of extraordinary ability are virtually identical, successfully petitioning for an O-1 does not enhance one’s chances for the EB-1 I-140. For one, the O-1 is a non-immigrant visa, and as such, confers a limited benefit. To USCIS, this implies a slightly lower standard. For another, USCIS offices can be territorial, and the fact that the California Service Center (CSC) or the Vermont Service Center (VSC) approves an O-1 petition, does not mean that the Nebraska Service Center (NSC) and the Texas Service Center (TSC) will also find ‘extraordinary ability’. An I-140 petition should be prepared and filed on its own merits.

8. Consider filing under more than one category

If you are not certain that your client meets the “extraordinary ability” criteria, consider filing an EB-2 Exceptional Ability/National Interest Waiver, which will often get the same result, especially when EB-2 is not backlogged. In fact, you may want to file in both categories – this is two separate petitions and two separate filing fees, but it gives your client the opportunity to have her credentials considered under two distinct standards. Moreover, you may be less inclined to shy away from unusual or quirky cases, which are often the most fun! Athletes in lesser-known sports and all kinds of artists can make for challenging but interesting cases.

9. Be ready for an RFE.

Advise your client to expect one. If possible, hold back a few pieces of evidence so that you will have something to send in response to the RFE. Kazarian is not going to be resolved by liaison with USCIS, or the AAO, it will ultimately be resolved in federal court. Prepare your case with the mindset of having to take it to federal court.

10. Knowledge is Power: Know the Law, Know USCIS position

USCIS Guidance on EB-1 Petitions:

“Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions,” PM-602-0005.1 (December 22, 2010)

Federal Court Cases:

Rijal v. USCIS – district court – AILA Doc No. 11061335

Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010).

Buletini v. INS, 860 F. Supp. 440 (N.D. Ill 1995), and its legacy:

Muni v. INS, 891 F. Supp. 440 (N.D. Ill. 1995);

Racine v. INS, 1995 U.S. Dist. LEXIS 4336, 1995 WL 153319 (N.D. Ill. Feb. 16, 1995).

Russell v. INS, 2001 U.S. Dist. LEXIS 52 (E.D. Ill. Jan. 4, 2001).

Gulen v. Chertoff, 2008 U.S. Dist. LEXIS 54607 (E.D. Pa. July 16, 2008).

Recent AAO decisions:

AILA Doc No. 12062752 – reversed denial of EB-1 Contemporary Artist

AILA Doc No. 12062753 – reversed denial of EB-1 Business Expert

AILA Doc No. 11122960 – reversed denial of Outstanding Researcher

AILA Doc No. 10061063 – sustained denial of outstanding researcher

AILA Liaison Efforts

AILA Amicus Brief to AAO Re Final Merits Analysis – AILA Doc No. 11110261

AILA Comments on USCIS’s Policy Memo on EB-1 Petitions – AILA Doc No. 11072274

AILA Comments on Interim Policy Memo on EB-1 Petitions – AILA Doc No. 10090733

AILA Comments on USCIS RFE Template – AILA Doc No. 10092466

David Roark, Texas Service Center Director speaking at 2009 AILA Annual Conference in Las Vegas, NV. Suzanne B. Seltzer “O-1: Going from Oy Vey to Okay!” in Immigration Options for Academic & Researchers (2nd Ed; 2011) Id. AILA Doc 10081961 – August 19, 2010. TSC liaison minutes voiced concerns about ‘extremely voluminous filings, often filling several crates…. including copies of entire books written by the Beneficiary as well as numerous copies of the same documents….filers should use their best judgment about what is required to support these applications, and please remember to explain how the documentation submitted satisfies the evidentiary criteria.’ (AILA Doc 10081961 – August 19,2010 TSC liaison minutes)

Green card for PhD, self petition, NIW requirements, NIW DIY package

Documents checklist for I-140 EB2 NIW petition

April 13, 2013 By Veronika 50 Comments

We provide here a list of documents which might be submitted in the first stage of green card application (I-140 Immigrant Petition for Alien Worker). Forms, fee, petition letter and letters of recommendation should be included at the very beginning of EB2 NIW package. We also added a complete list of all documents with reference numbers of exhibits in order to enable easy orientation.

Forms and fee

  • I-140 and fee – filled and signed (!) current version of the form (not a photocopy of signed form but an original), accompanied by the appropriate fee $700 (check or money order payable to U.S. Department of Homeland Security, NOT just USDHS or DHS), please check current fee at USCIS website
  • ETA-9089 (in duplicate) – this is not an USCIS form, download it at Department of Labor website – this form should NOT be sent DOL for certification, just filled, signed and added in two originals to EB2 NIW package which will be sent to USCIS; (ETA-750B is an alternative form used mostly in the past)

Petition cover letter

  • signed original of NIW cover letter which sufficiently demonstrate all NIW requirements and guide USCIS officer through all evidence

Recommendation letters

  • reference letters – ordered by importance (independent letters are more valuable)
  • curriculum vitae of recommender, other document showing he / she is noteworthy, e.g. newspaper article, may be also added

Other supporting evidence – general tips

Official USCIS instructions say that unless specifically required, a legible photocopy may be submitted, originals will not automatically be returned. Please note that we don’t mention further in this text that we are talking about copies of documents not originals.

Any document containing a foreign language submitted to USCIS must be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator’s certification that he or she is competent to translate from the foreign language into English.

Advanced Degree, education

  • Advanced Degrees – all university degree diplomas (Bachelor’s, Master’s, PhD etc.)
  • credential evaluation reports – in case of degrees from foreign country (it includes US equivalent degree and usually also information about foreign university, study program, requirements and system of education)
  • university information – not required, but for example we included QS World University Rankings page because we mentioned order of university in rankings in our NIW petition letter

Evidence regarding past track of achievements and impact on field

  • curriculum vitae – updated version of CV (carefully checked if data match with these in NIW cover letter)
  • work experience – we added confirmation letters from institutions with very simple statements: “ We certify that Dr. XXX was employed as a researcher at Institute XXX in the period from XXX till XXX. His duties were… ” (only for work experience mentioned in NIW petition cover letter)
  • short institution information – in case it is important to show significance of the institution (we included brief description with main objectives and achievements)
  • important grants – contracts, proposals, reports, media news or testimonies showing that Dr. XXX was Principal Investigator etc.
  • awards , scholarships – for example letters of confirmation or receipts from institutions, requirements of granting such award and background information about institution if these are significant (simply demonstrating how prestigious it is, how many applicants are selected etc.)
  • memberships in noteworthy industry or research organizations – only top level memberships where applicant is selected based on his / her significant achievements
  • reviewing of work of other peers – documents confirming applicant’s service and importance of reviewed publication
  • requested advising – confirmation letter from research institution, individual expert, media etc.
  • requested publication – confirmation letter, showing also importance of publication (impact factor etc.)
  • member of selected committee at conference – requirements of selection
  • invited talks at conference
  • patents – should be accompanied by evidence that the patented technology has been used, licensed, or commercialized by others in the field or industry (patent no one else is using cannot show the impact of applicant’s work)
  • citations – we have heard that USCIS officer has an access to record only from Google Scholar, however in our case it had lower numbers so we used record from Web of Knowledge; you may prefer Scopus etc.
  • publications – some people include all publications (we did it because we referred to several of them from our NIW petition letter and we also didn’t have too many of them), but we think that only first pages with abstracts might be enough; regarding order – the most important are peer-reviewed papers where applicant is first author, some people also submit conference proceedings papers and even conference posters or presentations from talks; if it is significant the proof of high impact factors of peer-reviewed journals were applicant published may be included
  • media reports – newspapers, TV channels, websites etc. discussing significance of applicant’s particular work
  • reprint requests

Government reports

These documents can show U.S. national goals which match with petitioner’s research goals even when it doesn’t mention exactly his / her or your particular work. Articles should show how important the field is. Documents from government can easily demonstrate first two NIW criteria .

Evidence regarding current employment and nonimmigrant status of applicant and dependents

  • current employment contract
  • all paychecks – for example in case of H-1B status these can prove that applicant was covered by prescribed salary all the time
  • passport – showing biometric data page and expiration date
  • current and all previous visa stickers
  • current and all previous approval notices from USCIS (I-797)
  • current and all previous I-94
  • marriage certificate – maybe not required here, but we have different names so we submit it just to be sure
  • J-1 Visa waiver – if applicant was on J-1 status

Of course there is no need to submit everything from this list but forms, fee, petition letter, reference letters and nonimmigrant status documents are a MUST. The rest is optional. Also note that this is not complete list of all possible evidence for NIW case. If you have an idea what is not in the list and you think it could be helpful for our readers, please write it in the comments below this post. We would appreciate your help.

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November 17, 2014 at 11:11 am

excellent information !!

from your information we can apply directly with out attorney!!

Thanks a lot…

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November 19, 2014 at 3:50 pm

thank you for your feedback, we really appreciate it ! I am glad it helped.

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December 14, 2015 at 8:45 am

Thanks for the all the great information here. We are completing EB2 NIW petition with a lot of help from your book and blog!

How do you know that the ETA-750B still can be used instead of ETA-9089 form? I think it is a bit strange that a labor certification is needed anyway for a NIW petition. I-140 instructions are also not totally clear about it.

December 14, 2015 at 10:11 pm

thank you very much for your feedback and being our valued customer. We appreciate you!

Regarding ETA form – you are right, it is confusing. ETA-750B was used earlier but USCIS continued to accept it when filling with NIW. I cannot find proper official information now but you can see pieces of information here and there in cases published on USCIS website. For example here: http://www.uscis.gov/sites/default/files/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Advanced%20Degrees%20or%20Aliens%20of%20Exceptional%20Ability/Decisions_Issued_in_2014/JAN232014_02B5203.pdf This case decision is from 01/2014 and it shows they required to fill ETA-750B or ETA-9089 at that time.

We submitted also ETA-750B and so far none of our 500+ clients said that it was problem. But please don’t take this as a proof that ETA-750B should be used instead ETA-9089. USCIS mention that ETA-750B is obsolete but so far I didn’t find any info at USCIS website that they reject this form (this might come, so it is good idea always to verify it). The reason why everybody is filling the old form ETA-750B is that it is much shorter. But if you want to be 100 percent sure, you might consider filling newer form ETA-9089.

Also note that NIW actually doesn’t need labor certification – we just filled ETA-750B form and added it into the whole I-140 package sent to USCIS. We didn’t have to send anything to Department of Labor.

You are right that it is weird why they require this form. I just guess that National Interest Waiver category is under EB2 and it is required to fill it in this category. This might be the reason, but honestly I don’t really know why they want it. Sorry for confusing answer.

Veronika EB2 NIW team

December 15, 2015 at 4:53 am

Hello Veronika,

Thanks for the detailed answer. Searching on USCIS on the term “8 C.F.R. § 204.5(k)(4)(ii) “, which according to the case you showed seems to be the USCIS regulation which contains the rule to submit the labor certification with I-140. I found another case, where they say: “The petitioner’s initial submission did not include the required form. In the September 2012 RFE, the director instructed the petitioner to submit Form ETA-750B or parts J-L of ETA Form 9089. In the February 2013 denial notice, the director stated: “the petitioner did not submit a properly completed Form ETA-750B (or ETA Form 9089, Parts J, K, and L). Therefore, since the petitioner did not submit this required evidence, Form I -140 must be denied for this additional reason. ”

So it seems from this reply that parts J, K, and L of ETA Form 9089 replace ETA-750B, but ETA-750B seems still valid though. I guess I will stick with ETA-9089…

Here the case, where the person actually rejected the RFE from USCIS to submit the ETA-750 or 9089 the second time, because it was not in the instructions of I-140…. That’s a bit stupid I think and of course he got rejected.

http://www.uscis.gov/sites/default/files/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Advanced%20Degrees%20or%20Aliens%20of%20Exceptional%20Ability/Decisions_Issued_in_2013/DEC052013_10B5203.pdf “

December 15, 2015 at 8:32 pm

Yes, it seems they continue to accept it. But you are right that it is probably safer to use newer form as they suggested.

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January 8, 2016 at 2:04 pm

I really need urgent help in applying NIW. I have masters degree in buisness

January 8, 2016 at 4:38 pm

we provide DIY Kit if you want to apply for NIW just by yourself. If you need legal service you should find some attorney. Let me know if you have any questions.

Veronika Founder of EB2 NIW project

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May 12, 2016 at 9:25 am

I will complete my doctoral degree in curriculum and instruction this summer. hold masters degree in special education. Both the degrees completed in USA. Undergraduate completed in my home town. Working in my 10 years as an educator. Holding H1B visa. Planning to apply under NIW. Are educators eligible to apply under NIW category.

May 12, 2016 at 9:47 am

it really depends how you would satisfy other 3 criteria of National Interest Waiver – how strong arguments you would find for you particular case.

You might want to try “free niw evaluation” (google this keyword) – there are lawyers who will tell you for free. If they say NO to you it doesn’t mean you cannot do it but it might be more difficult.

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May 19, 2016 at 4:35 pm

Hi Veronika! Is your kit works good for NIW entrepreneur cases? My wife is going to be a main applicant. She is a founder, main shareholder and president of private school in NYC. In a moment, we are waiting for an asylum interview (she is derivative to my case) for more than year. Do you have some info, special manual or at least professional advises for us?

May 19, 2016 at 7:59 pm

I wish I can give you any advice but I am not a lawyer, so it isn’t allowed. I am very sorry and hope you understand.

Regarding our DIY kit – unfortunately we don’t have specific material for entrepreneurs yet. However, couple clients who bought our kit were entrepreneurs. One of them wrote us back his feedback and he promised some more detailed info about his case after he receive decision from USCIS. But this might take a long time (in his last email he said he is still working on preparation of his case and didn’t know when he will submit it). This client has immigration lawyer who is also working on his case. But the client wanted our Kit anyway and said it helped him save a lot of time, especially the prepared templates for letters and samples of the letters were the most valuable for him.

If he write us back as he promised I plan to write some detailed post here at the blog to show how he prepared his case. You might want to subscribe to our newsletter (at the top, right column on this website) so you will get email notification about the post.

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August 27, 2016 at 4:06 am

Hi Veronika, Awesome blog with great info!

I am an MD MPH (MD from an African Uni but MPH from top 10 US school in my field). I have 2 published papers (1 as 1st author, 1 as co author) but both have more than 30 citations in 2 years. If other conditions are equal, have 2 seen researchers with few papers getting approval for NIW? I left the US since September last year on expiration of my OPT and unsuccessful H1b lottery.

Thanks for your thoughts!

August 30, 2016 at 9:16 am

Hi Raymond,

thank you for your question. There is no specific requirement regarding the number of publications or citations. I have seen cases which were approved with lower numbers, but… The overall picture is more important than these numbers. How does applicant satisfy all NIW requirements, how strong arguments he has (and supporting evidence). I am not allowed to give direct legal advice to you nor evaluate any cases (I am not a lawyer) but I would recommend you to try “free niw evaluation”. Google this keyword and you will see several attorney firms who can evaluate your case for free. If they say NO to you it doesnt mean you don’t have a chance. But it will give you an idea how hard it will probably be.

I hope you will hear YES and will be able to find your way back here, wish you all the best!

Veronika, founder of EB2 NIW blog

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December 7, 2016 at 11:14 am

Thank you for the information. I am preparing the documents for NIW, and I have one silly question. I asked some people to write recommendation letters and I am curious if; – They send the recommendation letters directly to USCIS address, or – I collect all of the Sealed recommendation letters from them and send the recommendation letters altogether with other documents, such as I-140, cover letter and other references. Plus, it would be really helpful if you briefly explain how you pack the documents (such as order of the documents) to send USCIS.

Again, thank you very much for all the valauable information!

December 9, 2016 at 2:08 pm

Hi Byungsoo,

thank you for your feedback!

Our experts who wrote letters sent it to us. We saw the letters and use the arguments from it to support our case. Actually, it was the core part of our case. We also consulted with experts what we need to confirm, what is important to highlight etc.

Here is a post showing how our petition was organized.

The order of documents was from the most important to less.

Hope it helped.

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January 28, 2017 at 1:55 pm

Hi, I am referring your blog for my I-140 NIW application. I was wondering since this post is from 2013, are there any changes in the required forms? Or do we still submit the I-140 and ETA 750B? I have downloaded the latest forms from USCIS and DOL websites. Also taking in to account the increased filing fee of $700 instead of $580. Thank You, Pam

January 28, 2017 at 11:43 pm

yes, it is the best idea to always check the latest news and download latest forms (I have links at our resource page ).

The fees can go up anytime as we informed here .

Recently USCIS released a new precedent case which changes the requirements for NIW slightly. Check it out in our blog post here .

Wish you good luck!

Veronika, Founder of EB2 NIW project

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July 3, 2017 at 12:52 pm

Can a JD file self-petition under EB2-NIW to start a law firm and work for him/herself? Does that demonstrate nation interest in business? Thanks.

July 4, 2017 at 6:23 pm

Hi Jessica,

here I found the case from March 2017 (appeal dismissed). Applicant was a lawyer but her case might be different from yours. Also, consider “free evaluation” services – submit your credentials to several law firms and they might give you an idea about your chances.

Hope it helps.

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September 26, 2017 at 3:15 pm

Hi, I went through your questions and answers. They were really helpful. I have few questions t your kindness: 1.I am a PhD student in Immunology. I have an MS in the USA in molecular biology and biotechnology. I am going to submit I-140 for NIW. If I submit I-9089, I will need so many information that I don’t have e.g. SOC code, prevailing wage information etc. These things seem very complicated. Comparatively, I-750 B is much simpler. Here is another probelem. I-750 B form says on its right top corner that it expired on 6-30-2017. Can I still use this I-750 Bform in stead of I-9089?

September 26, 2017 at 8:45 pm

thank you for your feedback. I have just written a blog post couple days ago explaining ETA forms, which one to use and why etc. Check it out here please.

September 27, 2017 at 7:55 am

Hi Veronica,

I went through the blog, it clarifies my question. I am doing research in molecular biology. Is it considered as of Schedule A, Group I or Group II? Thank you.

September 28, 2017 at 7:26 am

I am sorry I am not a lawyer and I am not allowed to give such direct legal advice. I can just share my own experience and we are from a different field. Hope you understand.

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September 28, 2017 at 1:30 pm

Hi, I have a quick question concerning I140 form. In your case how did you fill Part 6? Did you leave it blank or entered information about current employment? Thank you!

October 2, 2017 at 8:15 am

I think you would find helpful our DIY kit – it is all there, answers to all your questions 😉

September 28, 2017 at 3:39 pm

I am in ohio. In I-750 B form, What would be the office for adjustment of status in the USA? Is it Lincoln, Nebraska or Phoenix, Arizona?

October 2, 2017 at 8:19 am

it depends on your situation, where do you live etc. You can find direct filing addresses for form I-485 at USCIS website here .

October 4, 2017 at 8:09 am

Hi Veronika, I am a PhD student in Immunology. I have an MS in the USA in molecular biology and biotechnology. I am going to submit I-140 for NIW. If I submit I-9089, do I need it signed by my PhD supervisor as an employer? I think He doesn’t need to sign it as he is not offering any job, he is just my mentor. Am I correct? Please clarify this thing. Thank you.

October 4, 2017 at 10:20 am

Remember, I am not a lawyer and I am not allowed to tell you what to do in your particular case. If you need complete samples of the forms, they are all part of our DIY kit .

October 25, 2017 at 2:48 pm

Hi Veronika, Do we need to attach any tax information with the petition file?

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November 5, 2017 at 10:44 pm

Someone told me if I do self-filing NIW. On form 9089 I just need to fill Section JKL. What about other part? I am employed right now, so I know my employer’s information. Do I need to fill part C and D? Thank you.

November 6, 2017 at 8:06 am

I am not a lawyer and thus I am not allowed to tell you what to do in your particular case. But all forms, including ETA-9089 are part of our DIY kit – it is shown how to fill all the forms there.

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November 29, 2017 at 8:52 am

Does anybody know a reliable lawyer to get help in preparation of the petition especially recommendation letters and cover letter? I am having a hard time to find someone!

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February 16, 2018 at 3:25 pm

What is the new equivalent form for ETA-9089, since ETA-9089 expired in November 2017

February 19, 2018 at 8:06 pm

DOL still didn’t renewed the form and didn’t confirm yet if the expired ETA 9089 should be used. Sorry, I don’t have better answer.

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February 23, 2018 at 6:01 pm

Hi I just have a quick question. I’m replying to my RFE and would like to confirm if in response to the RFE the letter should be address as follow? Thank in advance would be very helpful if you know the answer, mostly would like to know if I should address the letter to mr. gregory.

To: Mr. Gregory A. Richardson, Director Attn. Officer XMNMN U.S. Department of Homeland Security US Citizenship and Immigration Services Texas Service Center P.O. Box 852381 Mesquite, TX 75185-2381

February 23, 2018 at 7:59 pm

Hi Patricia,

I am sorry I am not allowed to provide legal advice regarding your particular situation (because I am not a lawyer). I am sorry…

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March 19, 2018 at 9:11 am

I would be interested in sample filled ETA 9098 form. Could you help me with that?

Best, Iwona

March 19, 2018 at 9:15 am

I have just sent you an email.

Veronika, EB2 NIW

March 19, 2018 at 1:27 pm

I have a question, do I need to have photocopy certification of copied documents?

March 20, 2018 at 8:44 am

I didn’t use certification for copies. Official USCIS instructions say that “a legible photocopy may be submitted”

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August 1, 2020 at 6:03 pm

I am planning to apply for a green card ( EB2 Category). I am holding a Ph.D in applied mathematics for the USA. I graduated in 2019 with dissertation and I don’t have any publication yet. I will submit my first paper soon. Right now I am in the OPT, and working as adjunct professor. How much percentage would be approved?

August 4, 2020 at 12:34 pm

you are holder of advanced degree so one statutory requirement is satisfied. Next, you need to present arguments for another three NIW requirements established in Dhanasar case, read more details here . I recommend to take a pencil and pen and starting to write notes, whatever you think might show that you satisfy these criteria. Not only past achievements but also future which you can achieve. You might also try to let lawyers do “free NIW evaluation” (google this keyword) – I am not a lawyer so I cannot do this.

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February 22, 2022 at 1:50 pm

Dear Veronika, good afternoon.

I have being reading thru above questions and answers, thanks for your time good info great site!

I have a not so quick question, but a situation and I am new and lost in this process.

I leave in Brazil, I am a seasoned exec with engineering and technology background for the last 35 years or more….I would like to work as consultant leaving in US supporting US companies develop new business in Brazil and Latin America, I have track recording in doing it in regards bringing outside companies to Brazil, so I would like first get a permit to work and live in US I have seeing so many form number, please clarify how would you do it I know I-140 is mandatory for EB-2 NIW that is what I want to apply but what others should I apply at same time or on wave 2 / wave 3 etc….

Thank YOU! Looking forward

February 23, 2022 at 4:25 pm

Hi Washington,

for first phase (I-140 package of documents), you will need most of above mentioned documents (of course, only that applies to your situation). The core is petition letter where you need to explain how you satisfy all 3 NIW requirements . You will find all these documents (complete example case) in our DIY kit .

Don’t hesitate to contact me directly (via contact form or by email) in case of any questions.

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October 9, 2023 at 2:23 pm

As regards letters from past employers, where this is not forthcoming is it possible to attach verifiable previous letter of employment? Secondly how many peer references are actually required?

October 10, 2023 at 3:40 pm

Hi Adekunle,

as far as I know there is no exact requirement. We had 8 recommendation letters.

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November 8, 2023 at 5:38 pm

Thank you Veronika for these very helpful hints. I observed there are so many versions of ETA-9089 form. One with Expiration Date of 05/31/2021 and another with Expiration Date of 10/31/2025. I had earlier completed the form with 2021 expiration date and was confused when I saw the form with 2025 expiration date. More so, the later seemed like the form MUST be completed by a US employer-but for someone who is not living and working in the US but is eligible and would like to apply for NIW-EB2 category as a self petitioner-which among the two forms should I complete and how should I fill the form?

November 9, 2023 at 12:19 pm

generally, I would try to use the latest, but they sometimes have versions officially allowed listed on the website.

Not very sure about the new ETA form still, but these were always generally for employer sponsored categories. While EB2-NIW has to file it too and there is no requirement to have employer / sponsor.

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Form I-140 Petition Support Letter for EB-1-1 Individual of Extraordinary Ability | Practical Law

cover letter for i 140 petition

Form I-140 Petition Support Letter for EB-1-1 Individual of Extraordinary Ability

Practical law standard document w-016-0335  (approx. 9 pages).

EB2 NIW Info logo

Personal Statement for EB2 NIW

Personal statement for EB2 NIW - Photo by Cytonn Photography

What is a Personal Statement 

A personal statement is a document drafted by the petitioner explaining the professional plans to pursue in the United States. It may seem redundant considering that part of the  cover letter  discusses the “proposed endeavor”. However, this plan can bring additional clarity to the USCIS officer. It can define the type of activity, beyond the endeavor, that one plans to undertake. In addition, the highlights of it can be quoted in the  cover letter  itself.

When is a good idea to include a Personal Statement for EB2 NIW?

A personal statement is a good idea for petitioners who are working professionals and not businesspeople or entrepreneurs. In other words, a personal statement or professional plan makes sense for a person who has been and/or plans to be an employee in an organization. For example, a scientist or researcher who has worked in academia or in a company. Or an engineer who works for companies developing products.

On the other hand, businesspeople or entrepreneurs may choose to write and attach a business plan instead, which can be more relevant to their occupations and provide more details to the USCIS officer. We will cover business plans in a separate blog post.

How to make a Personal Statement for EB-2 NIW

When writing a Personal Statement, the petitioner should be intentional since some excerpts from this document will be quoted in the petition’s cover letter. The structure of the personal statement can be the following:

  • Salutation . Similar to the  recommendation letters , it is courteous to include some sort of salutation to the USCIS officer that will review the document. “Dear Sir/Madam”, “Dear USCIS Officer”, “To Whom It May Concern”, are a few options.
  • Subject line . For example: “Personal Statement – Name and Last Name”
  • Petitioner´s background . This is just a summary of the profile of qualifications. It can be half or less than half of the document and it can serve as a reminder of how the person is well positioned in the field of endeavor.
  • Petitioner’s professional plans . In this part of the letter, the petitioner explains what the plans are for work in the United States, should a green card be granted. This should be at least half of the document. In the next section, I cover this part more in detail.
  • Name and signature . Don’t forget to sign in ink – it looks so much more professional!

How long should the Personal Statement be?

In my opinion, this document should be approximately 2 to 4 pages. Of course, each case is different and may require shorter or longer explanations. In general, you do not want to write too much that is completely boring to read. Too short personal statements could leave the USCIS officer thinking that there are no solid plans for a future in the US.

Download EB2 NIW petition

Want to see a real EB2 NIW petition?

You can download my sucessful I-140 petition package, which includes 20+ pages of cover letter, the filled out forms, and all the Exhibits with supporting evidence. You can use this as a reference for your own DIY petition!

What to include in a Professional Plan for EB2 NIW

The petitioner’s professional plans can be broken down into sub-headers or paragraphs. A first paragraph can provide just an overview of the plans in the US, and then subsequent paragraphs can explain in detail different aspects. For example, a scientist or researcher can dedicate one paragraph to introducing the overall topic of investigation – let’s say process development for bioproducts. Then, there can be different sub-sections describing specific projects, such as “Production of biofuels from biomass residues”, and “Production of RNA for biopesticide uses”.

It is important to briefly link each project to its National (or international) Importance, to reinforce the idea that the endeavor is indeed linked to the United States’ interests.

Additionally, I suggest explaining in detail what type of job the petitioner is seeking , to articulate the work in the US better. If already in the US, the petitioner can talk about their current position (its relevance) and what type of organization it is. If there were already other job offers made , or recruiters approaching the petitioner, it is also interesting to mention them and add those as evidence in a suitable Exhibit. This can be additional evidence of how the petitioner is well positioned as there is interest in their services. All of this can be included in a separate subsection.

Wrap everything up by reaffirming how convinced you are that you will be able to easily find (or retain) the targeted job once you obtain the residency.

The value of the Personal Statement for EB2 NIW

The Personal Statement is useful to articulate the plans in the United States properly. This lets the USCIS officer know that the petitioner has a specific vision and plan to follow once in the US. This can help establish the second prong of  the Matter of Dhanasar  (the petitioner is well-positioned). In fact,  the USCIS Policy Manual specifically talks about this type of documen t  as one of the types of evidence that can be used for this prong: “A plan describing how the person intends to continue the proposed work in the United States”.

In conclusion: what should you do?

Like for other green card application matters, the decision is yours (and your lawyer’s if you use one) . You know your case and can decide if a Personal Statement containing your professional plans can add any value to your EB-2 NIW application. If you think it can make your case stronger and clearer, then I would include it. In my case, I decided not to include a Personal Statement because there was little information to add through this document. You can  download my real successful I-140 package here.  

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1 thought on “Personal Statement for EB2 NIW”

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Hello Oscar,

I’m lost during the preparation of my cover letter, I bought your self-petition files and saw how you divided your petition into 3 sections each one for the Dhanasar prongs. Can I merge all the 3 prongs into one chapter? will the USCIS officer determine all the 3 prongs based on this chapter? or should I have 3 separate sections for each prong?

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Direct Filing Addresses for Form I-140, Immigrant Petition for Alien Worker

If you are filing Form I-140, Immigrant Petition for Alien Worker, by itself , see the table below for the filing locations.

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.

If you are filing Form I-140, Immigrant Petition for Alien Worker, with  Form I-485, Application to Register Permanent Residence or Adjust Status , and  Form I-907, Request for Premium Processing Service , see the table below for the filing locations.

If you are also submitting only Form I-140 and Form I-907, see the  Premium Processing: Filing Form I-140 with Form I-907  accordion.

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.

Use these addresses if you are submitting only Form I-140 and Form I-907 together.

If you are also submitting Form I-485 or other forms, see the Premium Processing: Filing Form I-140 with Form I-485 and Form I-907  accordion.

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 table below for the filing locations.

IMAGES

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COMMENTS

  1. Petition Filing and Processing Procedures for Form I-140 ...

    General Filing Tips To ensure that we do not reject your Form I-140, make sure to submit your form with correct information and well-organized supporting documentation. Follow the general filing tips on our Tips for Filing Forms with USCIS page to ensure that we will accept your Form I-140 for processing.

  2. I-140 Examples

    I-140 Examples Example of the I-140 petition under the EB-1A category: EB1A.pdf Example of the I-140 petition under the EB2-NIW category: EB2NIW.pdf Example of a cover letter for the form I-485: I-485 Cover Letter.pdf

  3. Checklist of Required Initial Evidence for Form I-140 (for ...

    U.S. Employer Filing for an E-21 Member of The Professions Holding an Advanced Degree or a Person of Exceptional Ability, or E-32 Professional and are Seeking Schedule A, Group II (Exceptional Ability as Defined by DOL in the Sciences, Arts, And Performing Arts) Certification

  4. Cover letter for I-140 petition

    Cover letter for I-140 petition - EB2 NIW Oscar's Green Card 8.77K subscribers Subscribe Subscribed 289 10K views 1 year ago EB2 NIW How to.. Learn what it takes to make an effective cover...

  5. Immigrant Petition for Alien Workers

    I-140, Immigrant Petition for Alien Workers ALERT: On Jan. 30, 2024, USCIS announced a final rule , published in the Federal Register, that adjusts the fees required for most immigration applications and petitions. The new fees will be effective April 1, 2024.

  6. What Is USCIS Form I-140: Immigrant Petition for Alien Worker?

    Updated October 10, 2022 Table of Contents What Is USCIS Form I-140? Who Is Eligible To File Form I-140? When To File Form I-140 Labor Certification Process What Affects Form I-140 Processing Times? What To Do if USCIS Sends You a Request for Evidence EB-1A and EB-2 Applicants How To Complete Form I-140 General Guidelines

  7. How To Write a USCIS Cover Letter

    Tips for Writing Your USCIS Cover Letter. When writing a USCIS cover letter, be sure to type your letter in English on a computer. Keep your letter concise and only include necessary information. A long cover letter will not be as helpful to a USCIS officer as a brief letter. If possible, keep your letter to one page.

  8. EB-3 Employment Visa: Form I-140 Document Checklist

    When an employer files an initial petition ( Form I-140) for an EB-3 worker to receive a green card, it must include a large number of supporting documents. These serve to prove that the would-be immigrant has the necessary background and qualifications to apply in the Third Preference ( EB-3) worker category and that this background is a match ...

  9. EB2 NIW cover letter sample

    This letter is respectfully submitted in support of Immigrant Petition for Alien Worker (I-140) by me, Dr. Zdenek Sverak, as a self-petitioner/beneficiary. We mentioned which statutory and precedent requirements we wanted to prove in this NIW cover letter.

  10. I-140 Green Card DIY Package

    1. The Employer's Eligibility to File an I-140 Petition, and Its Strategic Planning to Avoid a Denial 2. Detailed Explanation for Critical Issue of "Ability to Pay", and USCIS' Adjudicating Requirements for this Issue 3. How to Provide Documents to Prove Employer's Financial Ability and Obtain Successful I-140 Approval 4.

  11. I-140 Petition

    These factors are: Improving the U.S. economy; Improving wages and working conditions of U.S. workers; Improving education and training programs for U.S. children and under-qualified workers;

  12. How to write your EB1 Petition/Cover Letter

    The EB-1 green card cover letter is the backbone of your application. It compiles your evidence and presents a complete and compelling image of your extraordinary career. When formatted correctly, it simplifies the adjudication of your application and can increase your chances of approval.

  13. PDF I-140 E11Alien of Extraordinary Ability

    Reference is made to this Form I-140, Immigrant Petition for Alien Worker, seeking E11 immigrant classification for [insert name of self-petitioner], (petitioner and beneficiary) filed on his/her own behalf on [insert date petition was filed]. The beneficiary intends to work as a/an [insert job title] in the field of [insert field].

  14. Ten Tips for Making Your EB-1/EB-2 I-140 Petition Extraordinary

    An I-140 petition should be prepared and filed on its own merits. 8. Consider filing under more than one category. If you are not certain that your client meets the "extraordinary ability" criteria, consider filing an EB-2 Exceptional Ability/National Interest Waiver, which will often get the same result, especially when EB-2 is not backlogged.

  15. Documents checklist for I-140 EB2 NIW petition

    Petition cover letter. signed original of NIW cover letter which sufficiently demonstrate all NIW requirements and guide USCIS officer through all evidence; UPDATE ... Sealed recommendation letters from them and send the recommendation letters altogether with other documents, such as I-140, cover letter and other references.

  16. How to assemble the I-140 petition for EB2 NIW

    Cover Letter The Cover letter was already discussed in a separate blog post. Exhibits The type of Exhibits you include will depend on your case. You can check out the exact Exhibits I had in my I-140 petition by downloading my package or joining my EB2 NIW online course for DIY applicants.

  17. Form I-140 Petition Support Letter for EB-1-1 Individual of

    A model Form I-140 immigrant visa petition support letter for individuals of extraordinary ability under the employment-based first preference category (EB-1-1). This letter is used by petitioners to support Form I-140 immigrant visa petitions to US Citizenship and Immigration Services (USCIS) for individuals of extraordinary ability in the sciences, arts, education, business, or athletics.

  18. PDF I-140 Petition: Outstanding Professors & Researchers

    publications. Include photocopies of cover pages of publications, particularly those where scholar's name is listed first. Provide documented information about the journal to help indicate the importance of the publication. 2. Letters of Recommendation The foreign national must obtain multiple letters of recommendation (at least 6) from ...

  19. Downloads » EB2 NIW Info

    This e-book is 59 pages long (16,000 words) and it is divided into 7 chapters: Introduction, Overview of the process and timeline, EB-2 NIW requirements, EB-2 NIW cover letter, recommendation letters, Personal Statement, and How to assemble the I-140 petition. © 2022-2024 Oscar Pardo You will get the following files: PDF (2MB) PDF (170KB)

  20. PDF Form I-140, Immigrant Petition for Alien Workers

    Other (For example, Lawful Permanent Resident, U.S. citizen or any other person filing on behalf of the alien) If a company or an organization is filing this petition, provide the following information: 2. Type of Business. 3. Date Established (mm/dd/yyyy) 4. Current Number of U.S. Employees.

  21. EB2 NIW cover letter : what it is and how to prepare one

    Cover letter for I-140 petition - EB2 NIW To obtain a National Interest Waiver, a petitioner should provide the evidence to fulfill the requirements. Under EB2 NIW the US government waives the need for a job offer to get a green card. However, one must prove to hold an advanced degree or show exceptional ability.

  22. Personal Statement for EB2 NIW » EB2 NIW Info

    When preparing the cover letter for the I-140 petition, it is important to gather and present as much information and evidence as possible. Remember that the I-140 is not just the form, but the whole petition where you should prove you meet all the requirements for EB-2 NIW (National Interest Waiver).

  23. Direct Filing Addresses for Form I-140, Immigrant Petition for Alien

    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. Use these addresses if you are submitting only Form I-140 and Form I-907 together.