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.