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EB2 NIW Resources

Here is a list of links and official sources where you can download forms, find requirements, laws and cases.

USCIS – Official Resource Homepage

USCIS EB-2 homepage

Download Forms

Always download the most current versions of the forms:

  • I-140 – Immigrant Petition for Alien Worker
  • ETA-9089 – Application for Permanent Employment Certification
  • I-485 – Application to Register Permanent Residence or Adjust Status
  • I-944 – Declaration of Self-Sufficiency
  • I-693 – Report of Medical Examination and Vaccination Record
  • I-765 – Application For Employment Authorization
  • I-131 – Application for Travel Document
  • G-1145 – E-notification of Petition Acceptance

Laws, Regulations, Manuals

This is the core of official resources.

  • Immigration and Nationality Act §203 (Allocation of Immigrant Visas) – see INA §203(b)(2)
  • 8 Code of Federal Regulations – see 8 CFR 204.5(k) (Petitions for employment-based immigrants)
  • USCIS Policy Manual – Employment-Based Immigration

Priority Dates

Some foreign nationals (typically Indians, Chinese etc.) cannot file their I-485 immediately but must check their “priority dates” and compare them with the dates in current Visa bulletin:

Visa Bulletin – click on the current bulletin and then look for 2nd under category Employment-based

Cases

Learn from previous cases, avoid the mistakes which have been done. Here are the cases and official decisions of USCIS (Administrative Appeals Office):

  • Dhanasar (26 I&N Dec. 884) – precedent case of researcher (air and space propulsion systems) which established National Interest Waiver requirements (AAO, December 27, 2016)
  • NYSDOT (EAC 96 063 51031) – previous precedent case of civil engineer (bridges) (AAO, August 7, 1998)
  • LIN 08 084 51017 – entrepreneur, business executive in the railroad industry (AAO, January 7, 2010)
  • EAC 06 110 50107 – advocate/lawyer exporting U.S. goods to Asia and Africa (AAO, January 28, 2008)
  • SRC 09 165 53 163 – postdoctoral fellow and research associate in hepatology research (AAO, January 7, 2010)
  • SRC 08 277 50203 – social scientist researching improvements to higher education (AAO, March 16, 2010)
  • LIN 06 012 51789 – research assistant in materials research, development of improved high-energy absorbent materials (AAO, March 31, 2008)
  • SRC 06 223 50528 – assistant professor, development of improved visualization technology (AAO, March 31, 2008)
  • SRC 07 800 15621 – postdoctoral research fellow in molecular biology, improving health care and environmental management (AAO, March 05, 2010)
  • XXX – patient safety officer worked in public health, reducing the national rate of acute care hospitalizations among home care patients (AAO, August 04, 2010)
  • XXX – biomedical engineer, improved understanding of the medical complications involved in weightlessness (AAO, April 01, 2011)
  • EAC 04 030 53333 – violinist, bringing the arts directly to all segments of society, including the youth of America (AAO, December 17, 2007)
  • LIN 06 119 51395 – research associate in atmospheric chemistry, improved understanding of chemical reactions important to the formation of pollution in the atmosphere (AAO, October 25, 2007)
  • XXX – president of a new company specializing in sales, servicing and export of consumer electronics (AAO, April 03, 2012)
  • SRC 09 013 51678 – freelance psychologist, evaluating juvenile delinquents for court (AAO, April 22, 2010)
  • SRC 08 092 53919 – collegiate assistant coach, coaching track and field (AAO, March 15, 2010)
  • SRC 08 013 50981 – senior engineer worked in liquid crystalline polymer (LCP) design and investigation with applications in aerospace, electronics and health (AAO, April 13, 2010)
  • SRC 07 267 51099 – general surgeon (AAO, January 7, 2010)
  • XXX – microbial researcher, improving antibiotic therapies (AAO, December 20, 2010)

Find more non-precedent cases here (NIW cases are mixed with regular EB-2).

NIW DIY Kit

Do you find this website useful? You might be interested in our NIW DIY Kit which inherits complete documentation as we sent it to USCIS.

Who We Are

EB2 NIW team

Not lawyers, not a corporation, just regular people who thought they deserve to have rights like everybody else in the USA. That's why we applied for NIW, thankfully it was a success. Along the road, we gathered a lot of information and published it here on the blog for FREE. For all skilled people who deserve a chance to live in the USA without restrictions. Read more here.

Recent Posts

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