How to File an EB-2 NIW (National Interest Waiver) Case

To file an EB-2 NIW (National Interest Waiver) Case, complete Form I-140 (Immigrant Petition for Alien Workers) and send the petition materials — your I-140 form (for paper filing), ETA 9089 form, petition letter, reference letters, and all other supporting evidence — to the service center that covers your jurisdiction.

1. Where Should you Send your EB-2 NIW (National Interest Waiver) Petition Package:

Find detailed mailing instructions on the USCIS webpage here.

2. How Should You Complete the Form I-140 and Correctly Answer all the Questions on the Form

Form I-140 serves as the Immigrant Petition for Alien Workers. Applicants in the EB-1 Alien of Extraordinary Ability, EB-1B Outstanding Researcher/Professor, and EB-2 NIW (National Interest Waiver) categories must complete the form and file it with USCIS along with supporting evidence. Immigration officers look to Form I-140 first for basic information about the case, so every question must be answered correctly. Inaccurate information may trigger an RFE (Request for Evidence) or even denial.

This article explains in detail how to answer the questions correctly and provide the most accurate information on your I-140 immigration petition form.

3. How To Organize Exhibits for an I-140 Petition Filed Under EB-2 NIW

General Instructions

When preparing the package of supporting materials for your I-140 petition, follow these general instructions:

1. Do not use binders or folders that are difficult to disassemble.
2. Use ACCO fasteners to bind thick or bulky applications or petitions. (See here for an example of an ACCO fastener)
3. Use tabs so the USCIS officer can locate items listed as attachments. Put the exhibit number on the tab. Place the tabs at the bottom of the exhibit divider page (not on the side) so the file is easy to handle.
4. Do not use staples; use ACCO fasteners or heavy clips instead.
5. Avoid submitting originals unless specifically required, and avoid oversized documentation when possible.
   • USCIS no longer routinely requires original documents or "certified copies"; ordinary, legible photocopies are acceptable.
   • An officer may still require original documents in an individual case.
   • If you submit original documents when they are not required, they may remain part of the record and will not automatically be returned.
6. Submit certified translations for all foreign language documents. The translator must certify that he or she is competent to translate and that the translation is accurate. The USCIS website offers the following guidance on translations:

   The certification should include the certifier's name, signature, address, and the date of certification. A suggested format follows:

   Certification by Translator

   I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

   Signature_________________________________
   Date_________________________________
   Typed Name_________________________________
   Address_________________________________

7. Use a sheet of colored paper showing the exhibit number and a brief description of the documents that follow, to separate each exhibit.
8. In long documents such as media articles about your work, highlight your name where it appears.

How to Assemble an I-140 Petition Package