Sample Lists

Sample Initial EB-2 NIW Immigrant Petition List

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The foreign individual is seeking a national interest waiver and can file an Immigrant Petition with the USCIS without an employer sponsor.

The following is a sample list of forms and documentation required by the USCIS.

  • Original Immigrant Petition for Alien Worker (Form I-140) with filing fees ($580). Learn more about employment (immigrant) visa fees here.

    *The Immigrant Petition may be filed along with a Premium Processing Request resulting in a decision being rendered in 15 calendar days.

  • U.S. employer’s Letter in Support of the petition (with a statement supporting a national interest waiver claim).
  • Original (uncertified) Application for Permanent Employment Certification (ETA Form 9089).
  • Proof of foreign individual’s advance degree credentials.
    i. U.S. Master’s degree or higher (or a foreign equivalent degree) or
    ii. U.S. bachelor’s degree (or a foreign equivalent degree) plus 5 years of progressive post bachelor degree experience. OR
  • Proof of foreign individual’s exceptional ability credentials.
    i. Degree diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability.
    ii. Letter(s) from current or former employers documenting at least 10 years of full-time experience.
    iii. License to practice the profession or certification for a particular profession or occupation.
    iv. Evidence that s/he has commanded a salary or other remuneration demonstrating exceptional ability.
    v. Membership in a professional association(s).
    vi. Recognition of achievements and significant contributions to the industry or field by peers, governmental entities or professional or business organizations.
  • Copy of biographic page of foreign individual’s passport (if foreign individual is lawfully in the U.S.).
  • Copy of Form I-94 Arrival/Departure Record (if foreign individual is lawfully in the U.S.).

*All foreign language documents must be accompanied by a certified English translation.

Additional Questions?

For a further understanding of when and how the H-1B visa process works, you may wish to read our outline of the employment (immigrant) visa process, or our employment (immigrant) visa FAQs.

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