We discussed general tips for EB2 NIW petition letter (cover letter) in one of the previous posts. Today we prepared brief National Interest Waiver cover letter example which may be used as a template. Complete NIW petition letter which helped us significantly to succeed when applying for green card may be found in NIW DIY package.
USCIS recommends to mark the letter by nature of submission (ORIGINAL SUBMISSION / BRIEF FOR AN APPEAL / RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION etc.) and appropriate address (check at USCIS website). The introduction part of National Interest Waiver petition letter may look like this:
July 13, 2013
USCIS
Attn: I-140
P.O. Box 660128
Dallas, TX 75266
Re: EB-2 Immigrant Petition for Permanent Residency with request for a National Interest Waiver
Petitioner/Beneficiary: Dr. Zdenek Sverak
Nature of submission: ORIGINAL SUBMISSION
Type of Petition: I-140, EB-2 National Interest Waiver
Classification Sought: Immigration and Nationality Act 203(b)(2)(B)
Dear USCIS Officer:
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. We also added very short highlights there too with references to detailed parts of the letter:
I am eligible for EB-2 classification as a member of the professions holding an advanced degree pursuant to section 203(b)(2) of the Immigration and Nationality Act, 8 U.S.C. §1153(b)(2) because I hold a Ph.D. and Master’s degree in Physics and I am employed as a radiation physicist at Johnson’s Radiation Laboratory. See chapter 1 (page 5).
I further submit evidence and documentation to demonstrate that a waiver of labor certification in my specific case is in the national interest pursuant to In re Matter of New York State Dept. of Transportation (NYSDOT), 22 I&N Dec. 3363, Int. Dec. 3363 (Act. Assoc. Comm. 1998).
- I seek employment in an area of substantial intrinsic merit. My research in radiation physics field significantly helps to reduce doses to patients during medical cancer imaging. This research is used also for monitoring of radiation threat. See chapter 2 (page 6).
- Proposed benefit will be national in scope. My unique radiation monitoring equipment for early warning of radiation threat was installed in 8 government facilities of National Government Agency around US and successfully brings superior benefits to national security of the whole country. See chapter 3 (page 10).
- I will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. I have made outstanding contributions to the radiation imaging technology and was first researcher who developed device with sufficient image resolution and significantly lower doses to patients. I also serve as a crucial advisor in National Government Agency and their research projects would be seriously impaired without my contribution. See chapter 4 (page 15).
We have found that few attorney firms and some people in public forums recommend to include even full citation of law applicant wants to meet. We are not sure if this really brings some value for EB2 NIW case. It may look like this:
For the convenience of the adjudicator, a summary of the pursuant law is provided below.
Section §203(b) of the Immigration and Nationality Act states in pertinent part that:
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. –
(A) In general. – Visas shall be made available … to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(B) Waiver of Job Offer:
(i) … the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien’s services in the sciences, arts, professions, or business be sought by an employer in the United States.
…
Pursuant to 8 C.F.R. 204.5 (k)(2), advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master’s degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
…
Matter of New York State Dept. of Transportation, 22 I&N Dec. 215, 217-218 (Comm. 1998)(hereinafter “NYSDOT”), has set forth several factors that U.S. Citizenship and Immigration Services (USCIS) must consider when evaluating a request for a national interest waiver. First, the petitioner must show that the alien seeks employment in an area of substantial intrinsic merit. Next, the petitioner must be show that the proposed benefit will be national in scope. Finally, the petitioner seeking the waiver must establish that the alien will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.
We added brief list of documents (complete list may follow or precede this letter) and explained how we organized evidence.
This letter serves as a guide through all submitted evidence which is placed in following order:
- recommendation letters together with resumes of authors (see Exhibits 1 – 7)
- Advanced Degrees with evaluation reports (see Exhibit 8)
- curriculum vitae (see Exhibit 9)
- evidence supporting my past track of achievements and impact on the field, including
awards, citations, publications etc. (see Exhibits 10 – 20) - government articles explaining benefits of my research to U.S. nation (see Exhibits 21
– 22) - nonimmigrant status of me and my spouse – passports, approval notices, I-94, visas
and marriage certificate (see Exhibits 23 – 25)
Table of contents may be included to clearly show USCIS officer the structure of National Interest Waiver petition letter. We have used chapters and subchapters with names matching NIW requirements.
Content of this petition letter is divided into chapters:
- 1. Advanced Degree Professional
- 2. Substantial Intrinsic Merit
- 3. National in Scope
- 4. National Interest
- 4.1 I Developed New Groundbreaking Method in Radiation Imaging
- 4.2 I am Critical Member of the Team Who Cannot Be Replaced
- 4.3 My Impact on the Field
- 4.4 National Interest Would Be Adversely Affected if Labor Certification Were Required
- 4.5 …
- 5. Nonimmigrant Status of me and my Dependent
- 6. Summary
NIW cover letter may continue with complete explanations and details in chapters with appropriate names as already mentioned above. In fact, National Interest Waiver petition letter may be structured in chapters with more traditional names (e.g. Education, Background, Work Experience, Awards etc.) but USCIS officer must find easily how applicant satisfied 4 required National Interest Waiver criteria. Quotations from letters of recommendation and references to all necessary exhibits should be included. See short example of subchapter:
4.1 I Developed New Groundbreaking Method in Radiation Imaging
Standard radiation imaging, used for example for screening of the broken bones or early discovery of the cancer tumor, exposes patients to harmful radiation X-rays. [Detailed explanation…]
U.S. Food and Drug Administration (FDA), agency within the U.S. Department of Health and Human Services, describes significant increase of harmful effect of radiation dose deposited to patients: “In the early 1980s, medical X-rays made up about 11 percent of all the radiation exposure to the U.S. population. Current estimates attribute nearly 35 percent of all radiation exposure to medical X-rays.” (see Exhibit 21, page 2). Thus the medical imaging is never ending battle between high quality pictures and low radiation dose deposited to patients.
I have developed new method X-Med imaging which solves this problem by significant reduction of the radiation dose absorbed to human body during medical screening. [Detailed explanation how it works in layman’s language] (see Exhibit 14, page 5).
Dr. John A. Doe, independent outstanding expert, Senior Physicist at National Radiation Laboratory, explains importance of my contribution: “Dr. Sverak introduced new outstanding method… [confirming applicant’s words and explaining some details] … My team in National Radiation Laboratory used his method and received significantly better results compared to older method. Images have even higher quality and sharper contrast and radiation dose to patient was lower more than 30 percent. Hence Dr. Sverak’s X-Med method belongs to extraordinary discoveries in our field.” (see Exhibit 2, page 3)
Moreover, this groundbreaking method enables more precise and safer breast cancer recognition, as confirms Dr. John B. Doe, professor from Stanford University: “[Another confirming and detailed testimony…]” (see Exhibit 3, page 2)
I published principles and results of X-Med method in several high impact factor peer-reviewed journals (see Exhibit 15). My articles were widely accepted by other scientists and had a great impact on the whole field of radiation imaging physics. This can be seen by more than 100 citations of these particular papers (see Exhibit 16). After publishing this method I was invited as a speaker to Medical Imaging Conference 2010 held in New York, USA (see Exhibit 17.1) and I was also asked to review scientific articles in IEEE Medical Imaging Journal (see Exhibit 17.2, page 2). This Journal is very prestigious in the field of radiation imaging physics which is demonstrated by its higher impact factor 3.4 compared to other journals in this field (see Exhibit 17.3).
This was just a brief example of one chapter part. We didn’t show all NIW requirements which must be demonstrated in National Interest Waiver petition letter – these were already discussed many times in our previous posts. Get inspiration for example in the post NIW recommendation letter sample. You may follow also general tips in the article about NIW petition letter.
All important facts and arguments are summarized at the end of the NIW cover letter. It is possible that USCIS immigration officer will read only this summary so it should cover briefly all National Interest Waiver requirements here. Summary should show the best arguments and highlights of applicant’s NIW case.
Final part of NIW cover letter can thank to USCIS officer for consideration of National Interest Waiver application. Applicant shouldn’t forget to SIGN NIW petition letter!
Thank you for your time and consideration of my request.
Respectfully,
Zdenek Sverak, Ph.D.
[applicant’s signature]
Radiation Physicist
Johnson’s Radiation Laboratory
NIW petition letter is like putting puzzle pieces together – trying to “build” a balanced combination of detailed explanations supported by persuasive evidence and followed by pieces of testimonies from NIW reference letters.
Complete National Interest Waiver cover letter as well as all other necessary documents were released in our NIW Do It Yourself package.
If you have another ideas and experience with writing NIW petition letter please share the information with others in comments below. Thank you!
This is such a great help! thank you!!
We are glad it helps. Thank you very much for feedback!
Hello,
I purchased your DIY kit and cannot find the cover letter within it. Can you either direct me to it or email it?
Thanks.
Em,
Hi Emmanuel,
please open the file I-140.pdf and go to page 22 – there starts the cover letter.
Veronika
EB2 NIW team
Thank you so much, I found it. Can I inbox you on how to package the application?
Sure, I am here to help you! I have just written email to you…
Veronika
EB2 NIW team
Do you have sample cover letters for people with master’s degree?
Hi bee,
the sample would be the same except the paragraph about degree – just omit PhD degree. That’s it. All other arguments which were used to satisfy National Interest Waiver requirements are degree independent.
Veronika
Founder of EB2 NIW project
“All other arguments which were used to satisfy National Interest Waiver requirements are degree independent.” Do you mean that for a Masters Degree holder, there is no need to define how the person satisfy NIW requirements?
Hi Borat,
I meant that those presented arguments that satisfy NIW requirements could be done by a person with a PhD degree but maybe also with Ms degree, it does not matter here. Those are two different things – one is having a degree and second is satisfying NIW requirements. To get NIW approval you need to have it ALL! Having advanced degree (or exceptional ability) AND at the same time satisfy ALL 3 NIW requirements. Usually, describing how the person satisfy NIW requirements is major and main part of NIW case.
Let me know if it is more clear or you have questions.
Veronika
do you have do it yourself package for physicians ? – cover letter for physicians ? department of health letter ?
do you have package especially for a physician , in speciality field like pulmonary and critical care?
Hi Manish,
I am sorry we don’t. But even if you find some application of other physician your arguments must be specific for you and your particular job. Just keep this in mind.
Veronika
Founder of EB2 NIW project
I’m a Mechanical Engineer with 23 years experience in Oil & Gas Industry. I’ve been conducting trainning courses in a specific area. Could I justify a National Interest through training less qualified workers?
Hi Edgar,
I am not allowed to evaluate your case because I am not a lawyer. But you can send lawyers your credentials and they will tell you your chances. A lot of them are doing these evaluations for free (google “free niw evaluation”).
Good luck!
Veronika
Founder of EB2 NIW project
I came about your site via online search.
From your response to a comment you do not evaluate chances of one getting NIW. What actually do you do. The kit I read about, how much is it and how can one get it. Any testimony of people who applied/used it and became successful.
Does it mean that in addition to buying the kit, I would still need an attorney?
Can I apply from outside the USA for NIV. I am an engineer, worked 5 years in USA, licensed professional engineer for Texas and California, a certified automation professional, currently working in England, after the expiration of my 5year L1B work permit.
Hi Ebere,
I provide a valuable information for free here on the blog and I also wrote a book about EB2 NIW. The DIY kit is complete successful and real application helping people to build their own application. It includes the book, templates and other valuable resources. I have over 1000 clients who used this DIY kit to work on their own application without a lawyer, find testimonials of some of them here. Applying from outside USA is available through consular processing, I have several clients successful as well, check the testimonials. The advantage of buying a DIY kit is significantly lower price, currently $99, compared to legal fees (typically $5,000 – $20,000). DIY kit is available here.
Let me know if you have any other questions.
Veronika, EB2 NIW
Hi
Do you think I stand a chance with ‘Can I apply from outside the USA for NIV. I am an engineer, worked 5 years in USA, licensed professional engineer for Texas and California, a certified automation professional, currently working in England, after the expiration of my 5 year L1B work permit.’
Do you think that a licensed professional engineer (not a professor, no publication, no citation), could use your kit successfully?
Hi Ebere,
people from outside USA are allowed to apply too. People with no publications can succeed. The most important thing is how do they satisfy 3 NIW requirements. try to put together your strong arguments, why it is in national interest to bring you here. I am not allowed to give you direct advice or evaluate what your chance is (only lawyers are allowed to do this). You can google “free niw evaluation” and you will find several law firms which do these initial evaluations for free. Get several opinion and you will get the idea how strong your case might be.
Good luck!
Veronika, Founder of EB2 NIW project
Veronika,
Please would I need credential evaluation for my masters degree obtained from outside USA.
Regards
Ebere
Hi Ebere,
In Adjudicator’s Field Manual (22.2(j)(1)(C)) published at USCIS website is written:
In cases involving foreign degrees, ISOs may favorably consider a credentials evaluation performed by an independent credentials evaluator who has provided a credible, logical and well-documented case for such an equivalency determination that is based solely on the alien’s foreign degree(s). In addition, ISOs may accept a comparable evaluation performed by a school official who has the authority to make such determinations and is acting in his or her official capacity with the educational institution.
Veronika, Founder of EB2 NIW project
Hi Veronika
It is a great help. I just need just the cover letter sample. Is it possible to get the cover letter only? Please let me know how to get it and how much I should pay for it?
Hi Tj,
the cover letter is the core of the whole petition, it includes also quotations from all the reference letters. The rest is just support evidence. For that reason, it would not be reasonable to sell it alone (the discount wouldn’t be more than 10 percent).
Veronika, Founder of EB2 NIW project
Hi EB@ NIW team,
Can I use your NIW DIY package for a Doctor of Business Administration
Hi Mohamed,
you can use it for any field you want. Even though the case show my husband (physicist) you can see a complete petition how it looks, how to write the letters, what arguments where used to satisfy the criteria, how to fill all forms, what documents to submit as evidence etc. I am sure it helps.
Let me know if you have any other questions.
Veronika, founder of EB2 NIW project
Thanks, I am going to buy it, but just I have one question. Is your email address on the Diy Kit so that I can contact you directly once I need some clarifications.
Best
Hi Mohamed,
you can definitely contact me anytime using this contact form at the bottom of this website: https://www.eb2niw.com/about/
I typically reply immediately or within couple hours. If I am on vacation, I reply every evening if possible. This is how you get my email 🙂
Just a reminder, I am not a lawyer so I am allowed to provide only general information and my own experience and you have to decide what is best for you.
Let me know if you have any other questions.
Veronika
Thanks, I know that you are not a lawyer so that I will not consult you any professional issues. Just I meant if something did not work with Kit such as the link did not work, or some files did not open.
Best
Hello Veronika!
I have few questions in case you are familiar:
1. do you know if it’s possible to submit NIW I-140 now while it is a ban?
2. I am back to my home country and taking sabbatical now. Will it affect my application?
Thank you very much for your great work. Def planning to get your get!
BW
Marina
Hi Marina,
My lawyer said that they submit cases every day even in these days. People applying from abroad file I-140 through consular processing – check your local US embassy website. They don’t file I-485 (this is only for those already living in the USA).
Good luck!
Veronika, founder of EB2 NIW blog
Hi Veronika,
I am writing from outside USA. I am employed as a doctoral student in Finland. My background is environmental Engineering a d my research g is related to renewable energy sources.
I have submitted my eb2 niw petition about 5 months ago without any lawyer.
However, I include a petition letter neither did I had my masters degree evaluated before submission. Please I want to know If that could affect my application.
Thanks in advance.
I meant I did not attach a petition letter neither did I had my masters degree evaluated before submission.
Hi Baban,
petition letter is used to show how you satisfy NIW requirements. Unless you used something else to demonstrate how you satisfy NIW requirements, I am afraid this is a problem. Foreign degrees needs to be evaluated.
Veronika
Wow.
Just wow.
This is such a great work Veronika
I do a similar job. I teach people how to come to US with a F1 visa. I have very curious about EB2-NIW process to help some of my students. I just LOVED your blog! I am definitely buying your material.
I would also love to meet with you “online” to discuss digital projects. If you are interested, just email me back.
Thank you! Thank you! Thank you!
Hi Thais,
thank you so much for your comment!
Regarding your students – yes NIW could be a potential future way to permanent residency. I have had several clients on F1 visas. Usually, these students has to be already extraordinary compared to their peers to be able to qualify for NIW. But it is definitely good to start soon, at least read about it and know what goals they should focus on to be able to prepare their case in the future.
Please let me know in case of any questions or ideas you wanted to talk about (I sent you an email too so we can communicate directly)
Thanks again for reaching out!
Veronika
Hello Veronika,
I would like to ask you if all the foreign degrees must be evaluated, including my degree or just the advanced degree like Msc and Phd?
Thank you!
Hi Bambi,
we did evaluation on foreign degrees submitted in my husband’s case (MS and PhD).
Veronika
Hi Dear all,
I am Ferdous Jamal. I have done Bachelor 4 years and Master 2 year in the field of geology. my research work is on Structural Geology and Biostartigraphy. I am little bit depress for a comprehensive covering letter for EB2 NIW to prove the national interest wavier of US.
Please help in this regards.
thank you very much
Hi Ferdous,
Nor me nor other non-lawyers are allowed to provide you specific advice regarding your case. Only lawyers are allowed to do this and it will cost you. However, general advice would be: try to find something specific related to your work what is above average or exceptional AND helping our country at the same time.
Veronika
Hola Verónica, es mucha utilidad y ayuda lo que haces así que de ante mano gracias.
Tengo algunas preguntas referente al kit.
El idioma, es en español?
Tiene ejemplo de cartas para los casos de emprendimiento?, por lo menos yo soy personal de salud pero me destaco el la rama de la consultoría científica y de automatización con equipos médicos, mi interés es emprender con una empresa de consultoría y acompañamiento tanto a personal de salud como a emprendedores estadounidenses.
Tu kit me puede ayudar a armar un plan estratégico ganador?
Habla también de los dependientes ? es decir a demás del formulario que se llena para llevarme a mi familia por ejemplo dan más información de ello?
Gracias quedo atenta.
Hi Marissa,
I am not sure if google translated correctly, I don’t speak Spanish.
The DIY kit is in English and you file the application in English as well. DIY kit includes also application for family member, it is part of I-485 petition.
Let me know if you have any questions.
Veronika, founder of EB2 NIW project
I would like to know if all the foreign degrees must be evaluated, I mean, even if it is apostilled by La Haya?
Thank you so much
Daniel.
Hi Daniel,
that’s what is at USCIS website. However, I do not know if there is an exception for the case you mentioned.
Veronika, founder of EB2 NIW project
Deseo saber si desde Cuba puedo aplicar y a través de que formularios hago la solicitud?
Hi! I need help! I am trying to order the DIY kit using my debit card even my credit card and the blog is not working.
Hi Carmen,
thank you for inquiry and I am sorry about the issue. Don’t worry I will help you with this. Let’s just solve it through the email directly.
Thanks again!
Veronika
Hi, if I use this template, Do I need to re-write it in my own words? or can I use this template and fill in the blanks with the stuff specific to me?
Hi Zubair,
as far as I know there is no official requirement what words to use. We chose these to address exact requirements and show clearly to USCIS officer how we satisfied it.
It is your decision what to choose in your case.
Veronika
such an interesting information. thanks so much for this.
please can we see a sample of cover letter for someone who is a business person, founded up to 3 different companies, ICT, media and entertainment and travel. Has a bachelors degree and more than 10 years work experience
Hi Kenechukwu,
thank you!
Unfortunately I don’t have a case similar to yours, I am sorry.
Let me know in case of any questions.
Veronika
Hi my name is Jonathan I’m IT engineer I want to know it is possible send me step by step all the process, also an example cover letter for my career I will appreciate it
Hi Jonathan,
our DIY kit includes the step-by-step intro, general information about NIW (ebook) and complete case. No matter what field you are in, you need to come with your unique story and arguments adjusted to you and your specific work. So the kit is not “copy & paste” everything. But you need to satisfy same requirements and might want to use same wording, showing how you satisfy those requirements, with your own arguments. It will show you how the letter demonstrate and support NIW related specific arguments. How to organize and write letters, what forms are needed and how to fill them, what evidence was used and what form. All of it needs adjustments regarding your specific case of course. But I believe it helps no matter what field you are in. I had many clients across the fields, not only scientists.
Let me know in case of any questions.
Veronika
GRAN APORTE, MUY AGRADECIDO
GRAN APORTE, MUY AGRADECIDO
Thank you, Juan!
BUENAS COMO ESTAN ESTOY INTERESADO EN UNA EB2 NIW SOY ARQUITECTO CON 20 AÑOS DE EXPERIENCIA COMO CONSTRUCTOR, DIRECTOR Y SUPERVISOR DE OBRAS .
QUISIERA SABER SI USTEDES HACEN EL TRAMITE DE LA VISA HACIENDO EL PLAN DE NEGOCIOS Y TODO EL PROCESO DE LA VISA Y QUIERO SABER EL COSTO DE LOS MISMOS GRACIAS
Hi Rafael,
I am not sure if I understood (I do not speak your language).
I provide DIY kit for $100 which serves as an inspiration (you work on your case on your own). I am not an attorney.
Let me know in case of any questions.
Veronika
I am in IT a System Engineer, with a postgraduate degree evaluated y Wes as a Bachelor Degree in North America, is my case applicable/acceptable? please advise as I would like to waste time and money
Hi Martin,
thank you for your inquiry! I am not allowed to do case evaluations because I am not a lawyer (only they can do it). Search internet for keyword “free niw evaluation” and you will find several lawyers who might tell you.
Hope it helps.
Veronika
Hello how are you doing
I am a mechanical engineer with Bachelors degree in 1992 from home country and a masters degree from USA in 1998. I worked in USA under H1-B ( issued 3 times) visa for 5 years and have a total of more than 25 years of professional experience with approximately 10 years in higher management level ( General Manager )
Do I qualify for EB-2 with Advanced Degree Qualification
Would having H1-B issued 3 times help in this regards
Would this be necessary to submit letters of references
Hi Nadim,
thanks for the comment! The facts you mentioned are not showing how you satisfied ALL 3 NIW requirements (please read here). That’s why people usually use reference letters to show how they satisfy these requirements.
I am not allowed to evaluate your case, only lawyers can do that (which I am not). Please google “free niw evaluation” and reach out to them.
Hope it helps, good luck!
Veronika
Do you have a sample cover letter for mechanical engineers with masters degree from USA, If yes can you kindly share it on my email address. I shall be thankful to you
Nadim, I don’t have cover letter specifically for mechanical engineer, I am sorry. I have a complete real case of a scientist (this was my husband’s case) which served already to thousands of my clients across many fields. Your case is unique for sure, and it should be presented that way. Please do not expect just to copy everything, you will have to come up with your own arguments why YOU are special.
Veronika