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
- downloads
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.
excellent information !!
from your information we can apply directly with out attorney!!
Thanks a lot…
Ramana,
thank you for your feedback, we really appreciate it ! I am glad it helped.
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.
Hi Willem,
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
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“
Yes, it seems they continue to accept it. But you are right that it is probably safer to use newer form as they suggested.
I really need urgent help in applying NIW. I have masters degree in buisness
Hi Jeena,
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
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.
Hi Siena,
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.
Good luck!
Veronika
Founder of EB2 NIW project
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?
Hi Dmitry,
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.
Veronika
Founder of EB2 NIW project
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!
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
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!
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.
Veronika
Founder of EB2 NIW project
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
Hi Pam,
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
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.
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.
Veronika
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?
Hi Touhid,
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.
Veronika
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.
Touhid
Hi Touhid,
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.
Veronika
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!
Leo,
I think you would find helpful our DIY kit – it is all there, answers to all your questions 😉
Veronika
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?
Touhid,
it depends on your situation, where do you live etc. You can find direct filing addresses for form I-485 at USCIS website here.
Veronika
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.
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.
Veronika
Hi Veronika,
Do we need to attach any tax information with the petition file?
Hi,
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.
Hi Cindy,
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.
Veronika
Hi,
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!
Thanks
What is the new equivalent form for ETA-9089, since ETA-9089 expired in November 2017
Hi Simi,
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.
Veronika
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
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…
Hello,
I would be interested in sample filled ETA 9098 form. Could you help me with that?
Best,
Iwona
Hi Iwona,
I have just sent you an email.
Veronika, EB2 NIW
I have a question, do I need to have photocopy certification of copied documents?
Iwona
Hi Iwona,
I didn’t use certification for copies. Official USCIS instructions say that “a legible photocopy may be submitted”
Veronika, Founder of EB2 NIW project
Hi Dear,
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?
Thanks
Hi A H,
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.
Good luck!
Veronika
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
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.
Veronika
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?
Hi Adekunle,
as far as I know there is no exact requirement. We had 8 recommendation letters.
Veronika
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?
Thank you
Hi Nnenna,
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.
Veronika