A Step-by-Step Guide to Assembling and Filing Form I-140 for EB2 NIW

April 8, 2020

Introduction:

The EB2 National Interest Waiver (NIW) is a popular path for foreign nationals seeking permanent residency in the United States. It allows applicants to bypass the labor certification process and demonstrate their exceptional abilities in fields that are of significant national importance. If you are considering a do-it-yourself approach to filing your Form I-140 for EB2 NIW, this comprehensive guide will walk you through the process of assembling and mailing your petition to the United States Citizenship and Immigration Services (USCIS).

  1. Document List:Essential Components of the I-140 Petition

To kickstart your EB2 NIW journey, gather the necessary documents to create a compelling case. Your document list should comprise the following sections:

  1. Forms and Fee:Obtain the latest versions of Form I-140 from the USCIS website and Form ETA-9089 from the Department of Labor’s website (and/or) ETA-750B, if applicable. Verify the current filing fee and acceptable payment methods.
  2. Cover Letter:Draft a well-structured cover letter that introduces your I-140 petition and provides an overview of the enclosed documents. Ensure that everything mentioned in the cover letter is included as Exhibits in your petition.
  3. Exhibits (Supporting Evidence):Gather relevant documents to support your qualifications, achievements, and contributions in your field. Examples include educational diplomas, transcripts, awards, publications, government press releases, and more.
  4. Organizing the Petition: Utilizing Cover Pages for Easy Navigation

To make your petition easy to review, organize the document using cover pages for each section. Include the petitioner/beneficiary’s name and “Petition I-140, EB-2 National Interest Waiver” as headers. Each section should be introduced, such as “1. Forms and Fee,” “2. Letters of Recommendation,” etc.

  1. Assembling the Physical Copy: Securing the Petition for Mailing

Once you have printed all the documents, arrange them under their respective cover pages, following the order mentioned in the cover letter. Secure the petition using a 2-hole punch at the top of the pages, and fasten them together with a 2-prong fastener to prevent any potential mishaps during shipment.

  1. Use Sticky Notes: Enhancing Document Navigation:

Add sticky tabs at the bottom of each section to clearly mark the beginning of every segment. While a List of Documents and Table of Contents are provided at the beginning of the petition, these sticky tabs aid USCIS officers in quickly accessing specific sections.

  1. Protecting the Petition: Safeguarding Your Application

Consider adding a plastic sheet on top of the main cover page for added protection. Place the entire petition inside a filing folder, which will then be put into an appropriately sized mailing box. Ensure the petition is securely packed to avoid damage during transit.

  1. Mailing and Proof of Delivery: Ensuring Successful Submission

Mail the petition to the correct USCIS address, using the addresses provided in this guide or check on USCIS website. Request tracking information from the shipping carrier to obtain proof of delivery. USCIS will send you a confirmation letter with a case number, allowing you to track your petition’s status on the USCIS website.

Mailing Address for Applicants from Abroad:

If you are applying for the EB2 NIW from abroad for non-premium process, then the mailing address for your Form I-140 submission will vary depending on the courier service.

For U.S. Postal Service (USPS) deliveries, use the following address:

USCIS, Attn: I-140, P.O. Box 660128

Dallas, TX 75266-0128, USA

For FedEx, UPS, and DHL deliveries, use this address:

USCIS, Attn: I-140 (Box 660128), 2501 S. State Highway 121 Business

Suite 400, Lewisville, TX 75067-8003, USA

Ensure that you double-check the mailing address on the official USCIS website before sending your petition to avoid any delays or misdirections in the submission process.

Conclusion:

Filing Form I-140 for EB2 NIW by yourself can be an exciting and rewarding journey towards securing permanent residency in the United States. By following this step-by-step guide, you can ensure that your petition is well-organized, compelling, and delivered securely to USCIS. Remember to stay updated on the latest USCIS guidelines and regulations before proceeding with your application. Good luck on your path to achieving your American Dream!