Ebook - v3 Jan 23

raphaelsantanasouza@gmail.
com 06 Nov 2023
Assembling a DIY
petition for I-140
EB2 NIW GREEN CARD CATEGORY
www.eb2niw.info
Oscar Pardo Planas
© 2022-2023 Oscar Pardo Version 3 – Last update Jan 2023

[email protected] 06 Nov 2023
Contents
Chapter 1. Introduction ............................................................................................................................4
About this document & Disclaimers ...................................................................................................................................... 4
My story – A journey through visas and green cards ............................................................................................... 4
Chapter 2. Overview of EB-2 NIW process and timeline ................................................................... 7
Is NIW the same as EB-2? ............................................................................................................................................................... 7
The steps for the EB-2 NIW application ............................................................................................................................... 7
Separate versus concurrent I-140 and I-485 filing ................................................................................................ 8
Preparation time for EB-2 NIW submission ....................................................................................................................... 11
1. Understand the EB2 National Interest Waiver process...........................................................................12
2. Complete your profile and make your case stronger ............................................................................12
3. Strategize on what your case will look like ......................................................................................................12
4. Contact potential recommenders ........................................................................................................................12
5. Draft recommendation letters for your case and get them signed ............................................13
6. Draft petition cover letter and gather all the necessary evidence to attach to your
petition ....................................................................................................................................................................................................13
7. Review your final petition draft, make corrections, and prepare for mail ..............................13
Conclusions to Preparation time ........................................................................................................................................13
Chapter 3. The EB-2 NIW requirements and USCIS information ................................................... 14
Requirements for EB-2 NIW ......................................................................................................................................................... 14
1. The applicant should hold an Advanced Degree OR demonstrate Exceptional Ability. ..... 14
2. The applicant's work has substantial merit and national importance........................................... 15
3. The applicant is well positioned to advance the proposed endeavor ........................................... 16
4. On balance, it would be beneficial to the United States to waive the requirements of a

job offer, and thus the labor certification ................................................................................................................... 16
The Matter of Dhanasar ................................................................................................................................................................. 16
1. The endeavor has substantial merit and national importance ............................................................. 17
What does endeavor mean to USCIS? ........................................................................................................................... 17
2. The petitioner is well positioned to advance the endeavor. ................................................................... 19
3. On balance, it would be beneficial to the US to waive the labor certification for the EB-2
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category ................................................................................................................................................................................................21
Takeaways ................................................................................................................................................................................................21
Websites to consult.......................................................................................................................................................................... 22
USCIS website for Forms .......................................................................................................................................................... 22
USCIS Policy Manual ................................................................................................................................................................... 25
Chapter 4. EB2 NIW cover letter: what it is and how to prepare one ............................................ 27
How to write an effective EB2 NIW cover letter .............................................................................................................27
Plan before you write ..................................................................................................................................................................27
What language to use in an EB2 NIW cover letter ............................................................................................... 28
Quotes and Exhibit references............................................................................................................................................ 28
Structure of EB2 NIW cover letter....................................................................................................................................... 28
After the writing process: proofread .............................................................................................................................. 37
How long should the EB2 NIW cover letter be? ............................................................................................................ 37
The EB-2 NIW cover letter: closing comments ............................................................................................................ 38
Chapter 5. Recommendation Letters .................................................................................................39
How many letters of recommendation for EB-2 NIW? ........................................................................................... 39
Types of recommenders: objective versus subjective ......................................................................................... 39
How to find and approach potential recommenders for EB2 NIW............................................................... 40
How to select subjective recommenders for EB-2 National Interest Waiver .................................. 40
How to find independent recommenders .................................................................................................................. 41
How to approach independent recommenders? ............................................................................................... 42
Can the recommenders be from abroad? ............................................................................................................... 44
How to write strong EB2 NIW recommendation letters ......................................................................................... 44
Structure of EB2 NIW Recommendation Letters .................................................................................................... 44
Request CV of recommenders ........................................................................................................................................... 46
How long should a good EB2 NIW recommendation letter be? ..................................................................... 46
Takeaways .............................................................................................................................................................................................. 47
Chapter 6. Personal Statement .......................................................................................................... 48
What is a Personal Statement ................................................................................................................................................. 48
When is a good idea to include a Personal Statement for EB2 NIW? ......................................................... 48
How to make a Personal Statement for EB-2 NIW .................................................................................................... 48

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How long should the Personal Statement be? ....................................................................................................... 49
What to include in a Professional Plan for EB2 NIW ............................................................................................. 49
The value of the Personal Statement for EB2 NIW ................................................................................................ 50
In conclusion: what should you do? .................................................................................................................................... 50
Chapter 7. How to assemble the I-140 petition................................................................................. 51
Document list......................................................................................................................................................................................... 51
Forms and Fee ................................................................................................................................................................................ 52
Translations and Credential Evaluations ................................................................................................................... 52
Cover Letter ....................................................................................................................................................................................... 52
Exhibits .................................................................................................................................................................................................. 52
Use of cover pages to organize the document .......................................................................................................... 53
Assemble the physical copy of the I-140 petition..................................................................................................... 56
Scan the final hard copy for your records ................................................................................................................. 56
Use a 2-prong fastener to secure the petition ...................................................................................................... 56
Use sticky notes to mark the beginning of each section ............................................................................... 57
Protect the petition from damage during shipping........................................................................................... 57
Mailing and proof of delivery ............................................................................................................................................... 58
Next steps ........................................................................................................................................................................................... 58
Closing thoughts ................................................................................................................................................................................ 59

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Chapter 1. Introduction
About this document & Disclaimers
I created this document as a supplement to my downloadable I-140 petition available at

www.eb2niw.info. This e-book can guide you in the preparation of your I-140 petition. You can
refer to my own petition for examples and ideas on how to argue your case.
However, this e-book and my own petition are for educational and motivational purposes
only. I do not intend to provide any legal or immigration advice. Remember that I am not a
lawyer, but a scientist. I went through this process myself and I think you can find some value
here, but please use all the materials at your own risk.
By using this document, you discharge me of any liability of responsibility. You also agree not
to resell the materials downloaded or share them in any way unless it is with immediate
family members part of the same immigration process.
My story – A journey through visas and green cards
My name is Oscar, and I am a scientist. I grew up in a small town in Galicia, in the South of
Europe. During my Chemical Engineering studies, I had the opportunity to study abroad and
fell in love with the idea of living in a different country and traveling. I lived in Denmark for one
year, and then I finished my master’s in Utah. This was my first experience in the US. Honestly, I
had a lot of fun that year. Besides getting my first scientific experience at the University of
Utah, I traveled around and made good friends. This was also my first exposure to the US
immigration system since I used a J-1 visa to attend that year of school.
Upon graduation, the economic situation in the South of Europe was, to put it mildly, less than
perfect, and unemployment for my age group was about 50%. I started looking for jobs
farther and farther from home until I came across a research opportunity in Oklahoma.
Although this was an academic research position, I was hired as a full-time staff member of
the department. That meant that I needed an H-1B visa to re-enter the country. Three years
later, and due to different reasons, I decided to quit my job as a staff member. I was offered a
part-time position in the same department so I could finish a Ph.D. I had started during my
tenure as an employee. So, I dropped from the H-1B visa and I was granted an F-1 visa.
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In about one year, I defended my dissertation and

graduated as a Doctor in Biosystems Engineering. I
could look for a job thanks to the OPT program
(Optional Practice Training), which allows students
to get a special permit to work for a limited time
after graduation. I ended up moving to the Boston,
MA area where I became a full-time scientist in a
private start-up biotech company. One that I really
enjoyed working at! I focused on developing
processes to manufacture RNA for different
applications, including biopesticides and vaccines
for human use. In short, we tackled the world’s
greatest problems: sustainability, food supply, and
human health. It felt great to be able to use my skills and my time to contribute to a mission
so aligned with my values.
During the five and a half years I stayed in this company I transitioned from an F-1 visa (with
OPT) to an H-1B visa again after my student visa ran out. However, it was not easy to get a
working visa. Due to the limitation on the number of visas granted per year, the US
government has a lottery system to award them, and I did not get lucky until it was my last
chance!
This was the reason why the company decided to sponsor my green card application. They
were worried that if I did not get the H-1B lottery on my last chance, I would have to leave the
country. That is how I started getting more and more familiar with the different green card
categories. My company sponsored my EB-1B green card, a category for Outstanding
Professors and Researchers. In this category, you need to show extraordinary abilities and
accomplishments that justify granting permanent residency. My company hired immigration
lawyers to do this, and I soon realized that it was going to be a slow process. Attorneys are not
specialists in the field, so the applicant needs to help them a lot by writing about the different
projects they participated in and all the accomplishments achieved in their career. Each little
step delayed the timeline, as the lawyers had many other priorities.
At some point, I started becoming impatient. First of all, because time passed without much
progress. And second, because I had no control over this timeline.
That is when I learned about the EB-2 NIW (National Interest Waiver) green card. A type of
green card designed for individuals with an advanced degree or exceptional abilities, working
on an endeavor of substantial merit and national importance. I read about it and realized
that in terms of requirements, it was a slightly lower bar to meet compared to the EB-1B
category I was already applying for. A big benefit of the EB-2 NIW category is that I did not
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need sponsorship from my company or hire any lawyer.

After reading more about it and discussing it with friends that had been through this process,
I started using all the materials I had prepared for the EB-1B process to craft a petition for EB-2
NIW. I could reuse all the recommendation letters I had, my re-worked CV, and much of the
write-ups about my projects and achievements I had prepared for the lawyers. I just needed
to figure out the structure of the document and how to assemble the petition.
And that is exactly what I want to share with you now, so you can consider embarking on this
journey of self-petitioning.
Ah! The end of the story: I eventually filed by EB-2 NIW I-140 petition before the attorneys filed
their EB-1B I-140 application! Considering the average cost of immigration lawyers (in the
order of thousands of dollars), this made me very proud. But I was even prouder when a few
months later I received the approval for my DIY application. To be fair, the lawyers also
obtained approval for their EB-1B application. In fact, they received it before me, because they
could use Premium Processing (if you do not know what this means: you pay USCIS a fee to
get an answer in 15 days), but I couldn’t because it was not available for EB-2 category when I
filed.
All in all, I found myself with two I-140 approvals, one for each green card category. In case
you wonder, I ended up finishing the process with the EB-1B one, because it came a few weeks
earlier and the company would take care of the filing fees.
But…enough about me! Let’s start talking about EB-2 NIW so I can tell you all I wish I knew
when I started this process. I hope you find this helpful!
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Chapter 2. Overview of EB-2 NIW

process and timeline
Is NIW the same as EB-2?
NIW, or National Interest Waiver, is a sub-category within the EB-2 green cards. The EB-2
category is for individuals with an advanced degree or exceptional ability. Under the NIW
sub-category, the petitioner needs to meet a higher bar than in a regular EB-2 submission. In
return, NIW does not require sponsorship from employers and the individual may self-
petition. In addition to the advanced degree or exceptional ability, the petitioner has to
demonstrate that their endeavor is of substantial merit, and benefits the US, among others.
To apply for a regular EB-2 green card, the petitioner must have an employer sponsoring the
application. In fact, the first step of the process, before submitting an I-140 form, is to request
a permanent labor certification from the US Department of Labor. With this certification, the
employer can then sponsor the I-140 petition.
Under the NIW sub-category, however, the individual can self-petition and does not need an
employer sponsoring them. In other words, the government does not require a labor
certification. Although this is clearly a benefit from NIW compared to regular EB-2, the NIW
applicant must provide additional evidence to justify the waiver of the labor certification.
The steps for the EB-2 NIW application
The EB-2 NIW processing time can be from 6 months to a few years. The I-140 portion of the
process can take between 45 days (when using Premium Processing) to 2 years, depending
on the moment of submission. The I-485 adjustment of status portion of the process is highly
variable. It depends on the date and especially, on the country of origin of the petitioner.
The diagram below summarizes the overall steps for an employment-based green card
application. For categories where you can self-petition, such as EB-2 NIW, there is no PERM or
labor certification step because you are asking USCIS to waive this requirement. Therefore,
only the I-140 and I-485 (adjustment of status, which would be replaced by consular
processing if you apply from abroad) steps are relevant to this category.
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Diagram of EB-2 NIW overall process
Separate versus concurrent I-140 and I-485 filing

In the diagram above, the I-140 and I-485 steps are shown one after the other. This is referred
to as separate filings. However, in some instances you can also choose to file both petitions
concurrently, or simultaneously. In this section we go through the two strategies. This only
applies to people already in the United States, who require an adjustment of status (I-485).
People applying from abroad must do the process separately: first applying for the I-140 and
after approval the process continues in the US consulate in their country.
Separate steps for I-140 and I-485

In this case, you would file your I-140 petition first, and once the United States Citizenship and
Immigration Services (USCIS) delivers the approval you submit the I-485 petition for you (and
your dependents if you have them). This is the route I followed in my own petition.
The advantages of filing separate I-140 and I-485 are:

• The financial risk is limited to the I-140 cost. Currently, USCIS charges “only” $700 per
I-140. This is much less than the fee for adjustment of status (currently $1,140 plus
biometrics fee of $85 per person between 13 and 79 years old). If you file the I-140 and
I-485 separately, you are only investing a smaller portion of the total cost. If the case is
denied for some reason, that is the money you lose. However, if you file concurrently,
you are “risking” a much higher amount. This is because the USCIS fees are non-
refundable.
• More than one I-140 filed. If you are trying for more than one green card category, you
8
probably want to follow this route so you can see which one is successful before
proceeding to the next step. This was my case, as I applied for EB2 NIW and EB1 at the
same time. You can check out my YouTube video1 where I explain how I obtained
approval for two I-140 petitions.
The disadvantages of filing separate I-140 and I-485 are:

• Filing separately can be slightly slower than filing concurrently. This is because
USCIS starts doing things like background checks or fingerprint collections while
processing the I-140 petition. We discuss processing time more in depth in the next
section.
• The petitioner cannot request a Travel Document (advanced parole) or EAD cards for
the dependents to work in the USA while waiting for the I-140 decision. In this case,
because the adjustment of status has not been filed, one cannot request these
documents that may be helpful for some. I have an article discussing traveling while
the green card process is ongoing on my website2. One should be careful before
leaving the US with a pending permanent residency petition.
Diagram of separate vs concurrent filings

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1
https://www.youtube.com/watch?v=G575igWWjEA&t
2
https://eb2niw.info/2022/06/23/traveling-during-green-card-process/
Concurrent steps for I-140 and I-485

In this case, you would file both I-140 and I-485 petitions at the same time, or concurrently.
You can only do this if there is a visa number available at the time of filing. In other words, you
must check the visa bulletin to understand if you are “current”. This is based on your country
of birth.
For example, lately, nationals from India and China have a considerable wait time before
submitting the I-485 form (or proceeding with consular processing if abroad). If that is the
case, concurrent or simultaneous filing cannot be done, and you would have to do the two
steps separately, one after the other.
An exception to this is the cross-chargeability rule3. This is a nice loophole to avoid long wait
times if the spouse is from a country that is current in the visa bulletin (if you need help
interpreting the bulletin, read this blog post on my website4. Then, the petitioner can use the
spouse’s country of birth instead of theirs, and “skip the line”. If the spouse is current, then the
I-140 and I-485 can be done concurrently. This is a nice solution for people to avoid backlogs!
The advantages of filing concurrent I-140 and I-485 are:

• Slightly shorter processing time. Even though filing concurrently does not save a ton
of time (theoretically the I-140 processing time is unaffected), USCIS does send
notices for biometrics while I-140 is under processing. Additionally, background checks
can also happen in that period. This may result in slightly shorter overall timelines.
• EAD cards during the process. When filing concurrently, USCIS may provide EAD cards
for the petitioner and dependents even before the I-140 is approved. This may be a
positive aspect for many applicants and their families.
• Travel Document during the process. Similar to the EAD cards, USCIS may issue the
Travel Documents for Advanced Parole earlier compared to separate filings.
• Avoid visa retrogression. Even though the visa bulletin should move forward,
sometimes it does not. This is called visa retrogression. If there is a risk of visa
retrogression, it may be a good idea to file concurrently to get ahead of the issue.
However, one must remember that if for any reason the petition fails, the EAD cards and
Travel Documents will be lost. This is a reason why a petitioner and their family should
carefully review their situation before traveling or using EAD cards for work. In some instances,
consulting with an experienced attorney may help understand the situation better.
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3
https://www.shipimmigration.com/cross-chargeability-a-creative-solution-to-avoid-lengthy-visa-wait-list-
times-and-even-become-eligible-to-apply-in-the-diversity-visa-
lottery/#:~:text=What%20is%20cross%2Dchargeability%3F,rule%20of%20birth%20country%20chargeability.
4
https://eb2niw.info/2022/06/20/how-to-read-the-visa-bulletin-in-2022/
The disadvantages of filing concurrent I-140 and I-485 are:

• More financial risk. While the government fee for I-140 is about $700 (as of 2022) and
is only one for the main petitioner, the adjustment of status fee (I-485) is $1,140. When
doing concurrent filing, one must pay both parts of the process at the same time.
Since these fees are non-refundable, if the case is not approved the financial loss will
be more pronounced. Particularly considering that dependents have to file and pay a
separate adjustment of status form. If a case is submitted again, the fees will have to
be repaid fully.
What is the best route for you? Should you file concurrent I-140 and I-485 or do separate
filings?
Well, as for most green card-related questions, this is a highly personal and case-by-case
decision. In this article, we reviewed the pros and cons of each option, and the final decision
will depend on your particular situation and appetite for financial risk. In certain cases, it will
be wise to consult with an immigration attorney that can provide legal advice on the matter.
Preparation time for EB-2 NIW submission
In this section we focus only on how to estimate the time needed for preparation.
Processing times vary widely depending on the moment of submission and country of origin
of the petitioner. Be sure to check out the blog post that discusses this, where you can also
access USCIS links to get official processing time estimates 5.
The timelines above do not include the necessary time to prepare the submission. However, if
you are preparing the application package yourself, you will need to account for multiple
hours of dedication in the key areas I describe below.
If you hire attorneys do realize that you are not fully in control of the timeline. In addition, their
turnaround time may depend on how busy that particular firm is at that time. For example,
they tend to get busier during H1B lottery season and some of them may slow down work on
other visa types.
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5
https://eb2niw.info/2022/05/31/niw-processing-time
My personal experience was that the attorneys were slower than myself when it came to
preparing a Green Card application. I worked on EB1 with lawyers and EB2 NIW by myself, and I
ended up submitting earlier than the lawyers.
1. Understand the EB2 National Interest Waiver process
This e-book and other resources can help you cut down on the time you need to fully
understand the USCIS criteria. Depending on the individual, this may be a few days to a few
weeks of research. Chapter 2 of this e-book goes into detail on the NIW requirements (see
page 14).
2. Complete your profile and make your case stronger
Sometimes you may want to strengthen your profile before submitting your application, so
you can increase your chances. For example, I decided to delay my own application until I
completed a few extra reviews in scientific journals. I knew those would help make my case
stronger.
This step greatly depends on the applicant and their specific situation. Consequently, this
time may vary from zero (no extra time required) to a few weeks.
3. Strategize on what your case will look like
Before you start writing, you will need to lay out the strategy for your case. This depends on
your profile and background.
I started by re-drafting my Curriculum Vitae to populate every little detail of my experiences

over my complete career.
Then, I selected which experiences and skills needed to be highlighted in my I-140 petition.
That way I could understand what evidence I needed to gather to support my case. With this,
I also knew who I wanted to contact to get reference letters and what the recommenders
would touch on. This strategy portion may take 1 to 2 weeks depending on the person.
4. Contact potential recommenders
Do keep in mind that these people (typically senior professionals) are quite busy and they
may take a while or multiple reminders to get back to you. I would budget 1 to 3 weeks to get
confirmation that they agree to serve as your recommender. Chapter 4 in this e-book talks in
detail about reference letters, see page 39.
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5. Draft recommendation letters for your case and get them signed
Let's be honest: most of the time the recommenders will not draft the letters themselves. You
may write drafts for them and, of course, they can make the edits they consider fit. Although
some may volunteer to write the letters from scratch, this is not very common. Allow 2-4
weeks to draft the letters and to obtain the signature of all of them.
6. Draft petition cover letter and gather all the necessary evidence to
attach to your petition
The cover letter is the central piece of the I-140 submission and what articulates the case and
brings all the evidence together. This includes letters of recommendation, citation
performance (for researchers), evidence of national importance, future plans... Allow 2 to 6
weeks of work to get this done. Chapter 3 in this e-book covers this topic, see page 27.
7. Review your final petition draft, make corrections, and prepare for
mail
It is very important that you proofread every step of the way. Additionally, you will need a final
review to ensure you clean the final document of typos or mistakes. Share it with people in
your circle or anyone that has gone through this process for an extra set of eyes. Finally,
prepare the dossier for submission, by printing and organizing it appropriately. This should
take 2 to 7 days.
Conclusions to Preparation time
As you can see, the preparation of I-140 petitions can take quite a bit of effort and time. In my
opinion, it will take anywhere between 1 and a half months to 5 or 6 months to get
everything ready for submission.
In conclusion, the preparation time is variable depending on the number of hours you have
available. Moreover, there are external factors, such as the responsiveness of potential
recommenders. Remember that working with attorneys may not necessarily shrink your
timeline - in fact, it could be the opposite!
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Chapter 3. The EB-2 NIW

requirements and USCIS information
Requirements for EB-2 NIW
The first thing to be clear about is what EB-2 NIW is and what requirements would make you
eligible. You want to start here because if it is obvious to you that you do not meet the
requirements you have two choices. We will go through each requirement in detail in the text
of this section, but you can also check a graphic summary in the image below.
The first one is to work on your profile to bridge the gap(s) you identify. The second one is to
look for a different green card or visa alternative. But importantly, you would not waste too
much effort and money.
Diagram summarizing requirements for EB-2 NIW
1. The applicant should hold an Advanced

Degree OR demonstrate Exceptional Ability.
• Advanced Degree:
Documentation showing that the applicant has an advanced degree (Masters or higher) or a
baccalaureate degree plus 5 years of progressive working experience in the field. Note the
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word "progressive". It means that you can demonstrate you have gone up the ladder over the
years. If a doctoral degree is typically required in the field, then that would be the degree to
show.
This requirement can be fulfilled using official academic records (diplomas, transcripts).
• Exceptional Ability:
The applicant must document their exceptional abilities in sciences, arts, or business. The
USCIS interprets this as "a degree of expertise significantly above that ordinarily encountered".
This requirement can be met with at least three of the criteria below:
- Official academic record of a degree, diploma, certificate, etc from an academic

institution relating to the area of exceptional ability
- Letters from current or past employers documenting 10 years or more of full-time

experience in the occupation
- License/certification to practice profession or occupation
- Evidence of having commanded a higher salary than peers in the field, therefore proving
the exceptional ability
- Membership in professional associations
- Recognition for achievements and contributions to the field by peers, government entities,
professional or business organizations
- Other comparable evidence
2. The applicant's work has substantial merit and national importance

Substantial merit is a broad term that can mean a lot of things. For example, it can mean
that the work of the petitioner can improve critical infrastructure. Alternatively, the applicant
may work on medical devices, or create sustainable products… In summary, this is a very
wide and generic requirement.
On the other hand, national importance is more restrictive. It means that the endeavor taken
by the petitioner aligns with one or more goals of the United States. It does not necessarily
mean that it needs to apply to all 50 states, but it cannot be geographically limited.
For example, the reduction of pollution levels is a goal aligned with US goals and not localized
to a specific area in the country.
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3. The applicant is well positioned to advance the proposed endeavor

The person needs to demonstrate that they have a plan to advance the endeavor. In
addition, they must prove that they have made progress on it and that they have the
necessary support. In this context, support can mean personal or financial support.
4. On balance, it would be beneficial to the United States to waive the

requirements of a job offer, and thus the labor certification
In summary, this means that there are enough reasons to “forgive” the first step of the green
card process (labor certification). Therefore, no employment sponsorship is needed. In other
words, even if there is a US person ready to do the job the United States will benefit from the
foreigner coming to do that job.
The Matter of Dhanasar
The regulations do not define national interest. Instead, there were two USCIS decisions that
explain what it is and created precedent.
The Matter of Dhanasar6 from December 2016 is one of them. This decision clarifies many
aspects of a previous case from 1998 that had been used as a reference.
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6
https://www.justice.gov/eoir/page/file/920996/download
Screenshot of the Matter of Dhanasar decision
The Matter of Dhanasar establishes three requirements or prongs for National Interest:
1. The endeavor has substantial merit and national importance
What does endeavor mean to USCIS?
First of all, let's define what USCIS means by "endeavor". Endeavor is not just the general
occupation of the applicant. The petitioner should offer details about what the occupation
involves and what type of work the person proposes to undertake specifically within the
occupation. The USCIS gives the following example in a policy manual 7: while engineering is
an occupation, the explanation of the proposed endeavor should describe the specific
projects and goals, or the areas of engineering in which the person will work, rather than
simply listing the duties and responsibilities of an engineer."
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7
https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-5
Substantial merit: a broad term
Substantial merit is a broad term that can mean a lot of things. It can mean that the work of
the petitioner's endeavor can improve infrastructure, design medical devices, or create
sustainable products…anything that can be described as having intrinsic merit.
Consequently, this is a very wide and generic requirement. Merit can be demonstrated in
areas such as science, business, entrepreneurship, health, education, technology, or culture,
among others. In Chapter 3 you can see ways to argue substantial merit, and in my petition
you can actually see how I went about establishing this.
National importance: prove that the endeavor is relevant to the US as a whole
On the other hand, national importance is a little bit more restrictive. It means that the
petitioner's endeavor aligns with one or more goals of the United States. It does not
necessarily mean that the endeavor applies to all 50 states, but it cannot be geographically
limited.
For example, the reduction of pollution levels is a goal that aligns with US climate goals and is
not limited to a specific area in the country. In other words, it may affect the whole country
positively. Conversely, the design of better snow blowers may only benefit certain areas of the
country where the weather is colder and it snows. I hope these simple examples help you
grasp the differences.
However, the angle of the story may affect the interpretation of its national importance. In the
case above, one can argue that more efficient snow blowers reduce carbon emissions.
Therefore, the United States as a whole benefit from it, and the endeavor may align with a
climate goal. In summary, the story and the presentation matter! The applicant puts together
this story in the petition cover letter. This is a key part of the petition and essential to prove
you qualify for National Interest Waiver. See how I link my endeavor with US National Interest
in the example below from my I-140 cover letter:
18
Screenshot of my I-140 cover letter

Tools to help you establish National Importance
• Congress.gov bill search8 : This is a search engine from the US Congress where you
can find congressional records, bills, laws... you can type your endeavor and try to find
evidence that shows that there is interest in Congress for this topic to be advanced.
• White House website9: You can also go to the executive branch's site and find
evidence there showing that your work is aligned with the priorities of the government.
Under Biden's administration there is a specific section called "Priorities" that could
help you. You can also go to the Briefing Room and use the search bar to find WH
press releases that can help support your case.
• O*Net Online Bright Outlook Occupations10: This is a website by the Department of
Labor that lists occupations in high demand. It can help you establish that there is a
need for your profession. However, keep in mind that a shortage of workers is not, in
itself, a qualifying reason for NIW.
• Scientific literature: Find evidence in scientific journals showing that a problem you
can help solve is a national or international issue. You can find information on
platforms such as Google Scholar11 although sometimes articles are behind paywalls.
2. The petitioner is well positioned to advance the endeavor.
The person needs to demonstrate that he or she has the skills and a proven record of
success in the field. To prove this, the petitioner can obtain letters of recommendation from
experts in the field (see Chapter 4 in page 39). Additionally, peer-reviewed publications (and
their citations) and invention disclosures and patents can constitute evidence. Furthermore,
coverage in national or international newspapers, magazines, or any type of publication may
strengthen the case.
In addition, the person needs to prove that they have a plan to advance the endeavor.
Moreover, they must demonstrate that they have made progress towards it and that they
have the necessary support. In this context, support can mean personal or financial support.
This is important because Dhanasar opened the door to entrepreneurs. Check the end of this
Chapter to see ideas that USCIS provides to help entrepreneurs put together their cases.
19
8
https://www.congress.gov/help/find-bills-by-subject
9
http://whitehouse.gov/
10
https://www.onetonline.org/find/bright?b=0&g=Go
11
https://scholar.google.com/
Types of evidence that you can use to prove you are well positioned to advance the
endeavor
Below is a list of types of evidence that can show a person is well positioned to advance a
proposed endeavor. It is not meant to be an exhaustive list, and other evidence can be used
as well. This list comes from a policy manual from the USCIS12.
• Degrees, certificates, or licenses in the field;

• Patents, trademarks, or copyrights developed by the person;
• Letters from experts in the person’s field, describing the person’s past achievements
and providing specific examples of how the person is well positioned to advance the
person’s endeavor;
• Published articles or media reports about the person’s achievements or current work;
• Documentation demonstrating a strong citation history of the person’s work or
excerpts of published articles showing positive discourse around, or adoption of, the
person’s work;
• Evidence that the person’s work has influenced the field of endeavor;
• A plan describing how the person intends to continue the proposed work in the United
States;
• A detailed business plan or other description, along with any relevant supporting
evidence, when appropriate;
• Correspondence from prospective or potential employers, clients, or customers;
• Documentation reflecting feasible plans for financial support;
• Evidence that the person has received investment from U.S. investors, such as venture
capital firms, angel investors, or start-up accelerators, and that the amounts are
appropriate to the relevant endeavor;
• Copies of contracts, agreements, or licenses showing the potential impact of the
proposed endeavor;
• Letters from government agencies or quasi-governmental entities in the United States
demonstrating that the person is well positioned to advance the proposed endeavor;
• Evidence that the person has received awards or grants or other indications of
relevant non-monetary support (for example, using facilities free of charge) from
federal, state, or local government entities with expertise in economic development,
research, and development, or job creation; and
Evidence demonstrating how the person’s work is being used by others
• Contracts with companies using products that the person developed or assisted in
20
developing;
12
• Documents showing technology that the person invented, or contributed to inventing,

and how others use that technology; and
• Patents or licenses for innovations the person developed with documentation showing
why the patent or license is significant to the field.
3. On balance, it would be beneficial to the US to waive the labor certification

for the EB-2 category
In summary, this means that there are enough reasons to “forgive” the first step of the green
card process (labor certification). Therefore, there is no need for employer sponsorship. In
other words, even if there is a US person ready to do the job the United States will still benefit
from the foreigner doing that job.
The petitioner may submit evidence related to one or more of the factors below. These come
from the Matter of Dhanasar and USCIS outlines them again in their policy manual 13.
• The impracticality of a labor certification application;

• The benefit to the United States from the prospective noncitizen’s contributions, even if
other U.S. workers were also available; and
• The national interest in the person’s contributions is sufficiently urgent, such as U.S.
competitiveness in STEM fields.
More specific considerations may include:
• Whether urgency, such as public health or safety, warrants foregoing the labor
certification process;
• Whether the labor certification process may prevent an employer from hiring a person
with unique knowledge or skills exceeding the minimum requirements standard for
that occupation, which cannot be appropriately captured by the labor certification;
• Whether the person’s endeavor has the potential to generate considerable revenue
consistently, for example, with economic revitalization; and
• Whether the person’s endeavor may lead to potential job creation.
Takeaways
In this section, we review how to qualify for National Interest Waiver. National Interest is
somewhat subjective, but the Matter of Dhanasar clarified what it means for USCIS. Some
areas are open to interpretation and that is the reason why telling a good story is key to the
success of your EB-2 NIW petition. Your cover letter will be the piece of the I-140 petition that
21
will help you tell that story to the USCIS officer. If you want to see how I wrote my own cover
13
letter and how to qualify for National Interest Waiver, go to the Downloads page of
www.eb2niw.info and get a copy!
Websites to consult
During your DIY preparation of EB-2 NIW, you may find yourself wondering how to proceed
with a certain step. Of course, you now have this guide, and you can also access my website
www.eb2niw.info. However, you should always, and I repeat, always, consult the official USCIS
first.
USCIS website for Forms

Generally, all the basic information on how to fill out forms, where to mail them, and how
much to pay in fees… is all in the USCIS website. In fact, you should always look for the forms
on the USCIS site, and not rely on any other website (yes, that includes mine). The reason is
any other website could be out of date, but the USCIS site will always be current. In addition to
the forms, and the address information, you will find a quite detailed instruction page on how
to fill each form.
For the I-140 information access the URL https://www.uscis.gov/i-140
TIP: If you want to consult official information about another form, just replace the “i-
140” portion by another form number, such as “i-485” for adjustment of status.
In the screenshot below you can see what the USCIS looks like. Under “Forms and Document
Downloads” you can download the PDF version of a blank form, so you can ensure you are
using the current version. I cannot stress this enough: if you use an outdated form, USCIS may
reject your petition. Below the form, you can find the Instructions for the form, a useful
resource.
22
23
Screenshot of USCIS website for I-140 form – July 2022

A little bit below those two items, you can find “Form Details” and under that, you can open
“Where to File” and “Filing Fee”. This is extremely important information, as you need to make
sure you will mail the petition to the right place, and you pay the right amount ($700 for I-140
at the time of writing this e-book):
Screenshot of USCIS website for I-140 form – Where to file and Filing fee – July 2022
24
USCIS Policy Manual
In addition to the more mainstream website we discussed above, there is a less known site
where USCIS has a Policy Manual that anyone can consult. Specifically, Chapter 5 of Volume 6
part F is about the EB-2 category14.
In this document, USCIS explains important things such as what type of evidence they are
looking for when evaluating each of the requirements, or a more detailed explanation of the 3
prongs that we discussed earlier for NIW.
Screenshot of USCIS website for Policy Manual – July 2022
Two-step analysis for exceptional ability classification

Even though I do not plan to go into detail about this document, and the reader should go to
the source directly, I found the following table about Exceptional Ability determination very
interesting:
25
14
Screenshot of USCIS website for Policy Manual – two-step review – July 2022
Here, USCIS is explaining to their officers that they should first evaluate each of the pieces of
evidence separately and then perform a final merit determination to assess if the petition in
its entirety meets the requirements.
In this second part, the officers should evaluate if the petitioner has demonstrated that they
have a degree of expertise “significantly above that ordinarily encountered in the sciences,
arts, or business”.
Examples of evidence types that Entrepreneurs can submit

Another interesting part of this Policy Manual is that it touches on areas less discussed in
other resources. For example, it provides specific ideas for types of evidence entrepreneurs
can submit, including:
• Evidence of Ownership and Role in the US-based entity

• Investments
• Incubator or Accelerator participation
• Awards or grants
• Published materials about the petitioner or petitioner’s US entity
• Revenue generation, growth in revenue, and job creation
• Letters and other statements from third parties
26
Chapter 4. EB2 NIW cover letter: what

it is and how to prepare one
To obtain a National Interest Waiver, a petitioner should provide the evidence to fulfill the
requirements. Under EB2 NIW the US government waives the need for a job offer to get a
green card. However, one must prove to hold an advanced degree or show exceptional
ability. Furthermore, the applicant should clearly explain why their endeavor is of substantial
merit and is of National Importance.
The applicant writes a cover letter to guide the USCIS officer through all the documentation
that supports the case. These documents are typically enclosed in the petition as Exhibits.
Therefore, the EB2 NIW cover letter should be effective in providing a narrative to support the
case for a National Interest Waiver. An effective cover letter should:
• Be easy to understand without being an expert in the field

• Reference all the important documents attached
• Highlight the most critical aspects that support the case
• Be organized according to the requirements for NIW for easy review
How to write an effective EB2 NIW cover letter
Plan before you write

Even before writing anything, as the petitioner, you should think about the case you want to
make. In other words, dedicate some time to strategize about your I-140 petition. In this e-
book Introduction chapter (page 11) I mentioned that 1 to 2 weeks is the time to dedicate to
this planning stage.
What you want to do first is to update your CV with all your experience and skills. This will help
you understand your own profile better. Then, focus on those items you think the I-140 petition
should highlight. Consequently, you will understand what evidence you need to gather to
support your case. In addition, you will better understand what evidence you need to collect
through letters of recommendation. Typically, you leverage those letters to obtain evidence
hard to substantiate through other means (see Chapter 4, page 39 for reference letters).
For example, imagine you are a scientist working in a private company and you could not
submit papers for publication, so your organization did not lose intellectual property
opportunities. In this case, you can have at least one recommender from your company
describing in layman’s words what contributions you made. This is a way to replace evidence
27
that cannot be substantiated otherwise.

What language to use in an EB2 NIW cover letter

…and I am not talking about English (duh!). Use very easy language that anyone can
understand. You may be a nuclear physicist, an expert in virology, or perhaps a
neurosurgeon. It does not matter how complicated your field is. You need to write about your
endeavor and your achievements in a way that even your family could understand. Think that
the USCIS officer may not an expert in any technical field! (Other than in green card
applications, of course).
In addition, remember that the officer has limited time. You should make his or her life easier
by going to the point and avoiding unnecessary repetition. Just put yourself in their situation:
imagine you are slammed by a multiple hundred-page package to review in a limited
time. The EB2 cover letter should really be quick to go through so all the evidence is well
articulated and a decision can be made relatively fast. By not helping the officer and
making the document too long, you are hurting your own case! He or she may get bored and
lose interest, or perhaps think that if you are repeating the same things over and over you do
not have the qualifications that you claim to have.
Quotes and Exhibit references

Remember that the cover letter is only a guide for the USCIS to understand your case
effectively. You will provide all the evidence as Exhibits. In the cover letter, you will quote
excerpts from letters of recommendation, or other documents, as needed.
Structure of EB2 NIW cover letter

The following structure for the cover letter can be helpful to articulate the case effectively:
1. Letter Introduction – very short summary of each section in the cover letter
2. Table of Contents – an index with page numbers
3. Chapter 1: Advanced Degree or Exception Ability Section
4. Chapter 2: Substantial Merit and National Importance
5. Chapter 3: I am Well Positioned to advance the proposed endeavor
6. Chapter 4: It would be beneficial to the USA to waive the Labor Certification
7. Petitioner’s nonimmigrant status
8. Petitioner’s dependents status
9. Conclusions
1. Cover Letter Introduction

In this section, you will address the USCIS offer and introduce them to your petition. This
section contains basic information on the top, such as:
• Date
28
• USCIS address (check the right and current USCIS address on the official website15)
• Subject line, for example “RE: EB-2 Immigrant Petition for Permanent Residency with
National Interest Waiver”
• Petitioner name, type of submission (Original submission), classification sought
(Immigration and Nationality Act 203(b)(2)(B))
Then, you can write a short letter to the officer introducing yourself. First, you can simply state
you are pursuing approval for the Immigrant Petition for Alien Worker (I-140) as a self-
petitioner/beneficiary and that you would like to demonstrate your fulfillment of the EB-2
National Interest Waiver requirements and provide evidence to support it.
Next, you can tell the officer that you are eligible for EB-2 classification as either an
Advanced Degree Holder or due to your Exceptional Ability. Here you can cite Section
203(b)(2) of the Immigration and Nationality Act, 8 U.S.C. §1153(b)(2) as the regulation of
reference. You can specifically state what Advanced Degree you hold, or what three criteria
you fulfill for exceptional ability. You can reference Chapter 1.
In the next paragraph, you can state that you will be providing further evidence to
demonstrate that a waiver of the labor certification is in the national interest, pursuant to
the precedent case Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Interim Decision #3882.
You can reference Chapter 2.
Finally, you can provide three short paragraphs, each one addressing Chapters 3, 4, and 5.
These are the justifications for why the proposed endeavor has substantial merit and national
importance, why you are well-positioned, and why it would be beneficial to waive the labor
certification. In each paragraph, you can reference the appropriate Chapter.
You can remind the USCIS officer that there are Exhibits under the letter and can provide
them as a bulleted list.
Below is the cover letter introduction from my petition. Remember that you can download the
full petition in www.eb2niw.info.
29
15
https://www.uscis.gov/forms/all-forms/direct-filing-addresses-for-form-i-140-immigrant-petition-for-alien-
worker
June 25, 2019
USCIS
Attn: I-140
P.O. Box 660128
Dallas, TX 75266
Re: EB-2 Immigrant Petition for Permanent Residency with request for a National Interest Waiver
Petitioner/Beneficiary: Dr. Oscar Apelido

Nature of submission: ORIGINAL SUBMISSION
Type of Petition: I-140, EB-2 National Interest Waiver
Classification Sought: Immigration and Nationality Act 203(b)(2)(B)
Dear USCIS Officer:
This letter is respectfully submitted in support of my Immigrant Petition for Alien Worker (I-140) sent by me, Dr.
Oscar Apelido, as a self-petitioner/beneficiary. I would like to demonstrate my fulfillment of the following EB-2
National Interest Waiver requirements and provide supporting evidence for it.
I am eligible for EB-2 classification as a member of the professions holding an advanced degree pursuant to
section 203(b)(2) of the Immigration and Nationality Act, 8 U.S.C. §1153(b)(2) because I hold a Ph.D. in
Biosystems Engineering and I am currently employed as a researcher by CompanyX. See Chapter Error! R
eference source not found. (page 4).
I further submit evidence and documentation to demonstrate that a waiver of the labor certification in my specific
case is in the national interest pursuant to In re Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), Int. Dec. 3882.
1. My proposed endeavor has both substantial merit and national importance. Bioprocessing is needed to
generate a range of fuels and chemicals that are sustainable and in occasions not available through
traditional manufacturing, including liquid fuels, biopesticides. Their availability enhances Food, Energy
and National Security. Through my research I have developed such bioprocesses. My research
achievements are beneficial for the whole U.S. nation and satisfy national goals set by government
agencies. See Chapter Error! Reference source not found. (page 4).
2. I am well positioned to advance the proposed endeavor. I have developed bioprocesses that generate
liquid fuels, enzymes, and biopesticides using novel biocatalysis routes. My research has been recognized
by peers in the field through frequent citations and through requests from top journals to serve as judge of
the work of other scientists. As a result of my achievements, I currently hold a critical role in a US
company that will disrupt the agrochemical industry in a very positive manner. See Chapter Error! R
eference source not found. (page 9).
30
3. On balance, it would be beneficial to the United States to waive the job offer and labor certification
requirements. CompanyX requires my expertise for a long time period because their long-term projects
would be seriously impaired without my contribution. A requirement for labor certification would also
adversely affect the national interest. See Chapter Error! Reference source not found. (page 22).
This letter serves as a guide through all submitted evidence - I will provide references directly from the content
of the letter. Evidence is placed beneath this letter in the following order:
• Recommendation letters written by outstanding experts (together with resumes of the authors) from
well recognized US institutions such as Institution 1, Institution 2, Institution 3, Institution 4 and top
institutions abroad such as the Institution 5, and Institution 6. See Exhibits 1 – 6.
• My Advanced Degree including Diploma and Transcripts. See Exhibit 7.
• My Curriculum Vitae. See Exhibit 8.
• My current employment – Offer letter (2017) and latest promotion letter (2019) from CompanyX.
See Exhibit 14.
• Evidence supporting my past track of achievements and impact on the field, including citations,
publications, reviews in journals, evidence of higher salary, awards. See Exhibits 15-19.
• Current and past nonimmigrant status– passports, approval notices, I-94, visas. See Exhibits 20 –
21.
Introduction for cover letter from my petition
2. Table of Contents
The table of contents is exactly what the name suggests: an index with Chapter titles and
subsections with page numbers.
Below you can see a screenshot of this piece of my cover letter:

31
Screenshot of the Table of Contents of my own cover letter
3. Chapter 1 – Advanced Degree or Exception Ability Section

If you are an advanced degree holder this will be a very quick Chapter. You only need to state
what type of degree you hold (M.S., or Ph.D., for example), the institution, and reference to the
appropriate Exhibit number. It is wise to provide a short explanation of how this degree is
related to the endeavor you are going to be discussing later in the document.
If you do not have an advanced degree, you will state that you are a person of exceptional
ability and provide the reasons. Then, create subsections to address each of the (at least
32
three out of seven) categories that you meet. See Chapter 2 of this e-book for the
requirements for exceptional ability, in page 15.
For each of them, remember to refer to the appropriate Exhibit containing the evidence. This
evidence may be substantiated by Letters of Recommendation, educational degrees, or
proof of membership in professional associations, to name a few.
You can finish this cover letter Chapter with a statement saying that you qualify for EB-2
classification as either a member of the professions holding an advanced degree or a person
who has exceptional ability.
4. Chapter 2 – Substantial Merit and National Importance

In this chapter, you will explain in detail what endeavor you will pursue as a worker in the
United States. In addition, you will specify why this endeavor is of substantial merit and of
national importance. First of all, remember that endeavor is not just a general occupation.
USCIS restricts the definition as the details of what this occupation involves specifically.
Second, substantial merit is a broad term that could mean multiple things; anything of
intrinsic merit. Third, national importance is more restrictive. This is because you need to
prove the endeavor is relevant for the US as a whole. In other words, it cannot impact only
part of the country! Be sure to check the EB-2 NIW requirements (Chapter 2 in this e-book,
page 7) to have a clear idea about this.
You should start this cover letter chapter by clearly identifying the endeavor and the
impacts on the United States. In addition, specify the type of work you do to advance this
endeavor. Then, you can break down this chapter into subchapters to explain the benefits of
the endeavor for the US. For example, in my case, I used “Bioprocessing to generate biofuels
and bioproducts” as my endeavor. Then, I had different subsections:
• Brief introduction to the field

• Impact on Food Safety and Security
• Impact on Energy and National Security
• Summary of benefits to the nation
In each of these sub-sections, I used quotes from the Exhibits to prove substantial
merit and national importance. These quotes were taken from the recommendation
letters and documents from the US government. Typically, you want to demonstrate National
Importance using published documents from Congress, the White House, or some
government agency. You want to connect the dots between your experience (and endeavor)
and what the US government considers strategic for the country. This makes your case very
strong!
There are some tools to help you do the research and obtain evidence to establish National
Importance:
33
• Congress.gov bill search16: This is a search engine from the US Congress where you
can find congressional records, bills, laws... you can type your endeavor and try to find
evidence that shows that there is interest in Congress for this topic to be advanced.
• White House website17: You can also go to the executive branch's site and find
evidence there showing that your work is aligned with the priorities of the government.
Under Biden's administration, there is a specific section called "Priorities" that could
help you. You can also go to the Briefing Room18 and use the search bar to find WH
press releases that can help support your case.
• O*Net Online Bright Outlook Occupations19: This is a website by the Department of
Labor that lists occupations in high demand. It can help you establish that there is a
need for your profession. However, keep in mind that a shortage of workers is not, in
itself, a qualifying reason for NIW. So do not make this reason a central one!
• Scientific literature: Find evidence in scientific journals showing that a problem you
can help solve is a national or international issue. You can find information on
platforms such as Google Scholar20 although sometimes articles are behind paywalls.
• Excerpts from reference letters can also help (see Chapter 4 of this e-book, page 39).
Example of National Importance from my EB2 NIW cover letter
“According to the US Energy Information Administration, 63% of the energy

consumed in the country in 2013 was produced from petroleum and
natural gas. According to BETO’s website, this federal office aims to “work
with a broad spectrum of government, industrial, academic, agricultural,
and nonprofit partners across the United States to develop commercially
viable, high-performance biofuels, bioproducts, and biopower made from
renewable U.S. biomass resources that reduce our dependence on
imported oil while enhancing energy security.”. (Exhibit 9B: Relevance of
research for the U.S. National Interest – Screenshot of BETO website). It is
evident that the field of bioprocess engineering, specifically bioenergy and
biofuels, is a top priority for the U.S. government.”
34
16
https://www.congress.gov/help/find-bills-by-subject
17
http://whitehouse.gov/
18
http://whitehouse.gov/briefing-room/
19
https://www.onetonline.org/
20
https://scholar.google.com/
5. Chapter 3 – I am Well Positioned to advance the proposed endeavor

This is another central section of the cover letter, in which you must describe your
achievements in detail. This is because you need to establish how you are well-positioned.
You have to do it methodically and always reference the documents attached as Exhibits.
Remember that every claim needs supporting evidence. Below is the structure I used for my
third Chapter. Each of the bullet points was a sub-heading in my cover letter.
[Please keep in mind that this is just a sample letter structure, and you can use a different
structure if it fits you better. There are no guidelines by USCIS on how to do this. You may
have additional (or less) qualifications or experience that may need a different approach.]
• Background and achievements.

• Summary of qualifications. After reminding the officer about my advanced degree, I
went on to provide additional qualifications. You can provide proof of being a member
of professional associations, peer-review publications, and citations (for scientists),
and quote certain relevant passages from recommendation letters.
• Specific exceptional contributions to the field. I broke them down by project I worked
on. I included specific evidence showing the impact my work had had in the broader
field. Since I am a scientist I provided evidence of the publications that my work
produced (including the number of citations) and statements from the reference
letters.
o Project 1
o Project 2
o Project 3…
• Evidence of the influence of my research. This is more specific to scientists, but other
professions can use a similar sub-section adapted to the field. For scientists, you can
use your Google Scholar profile to show your publications and how many citations you
received. Be sure to attach the screenshot of the records as an Exhibit.
• Review work from peers in international journals. This one is also specific to
researchers. But other professions may have alternative ways to demonstrate that
they judge the work of others. For example, you may have participated in competitions
as a judge, may have been a member of hiring panels, or may have overseen the
work of others and participated in their performance reviews. Be creative in finding
evidence that shows you are a reputable member of the profession, and do not forget
to add the evidence in one of the Exhibits.
• Commanding a higher salary. You may choose to include this as part of your
demonstration of exceptional ability, which may help establish how you are well-
positioned in the field. A good way to demonstrate this is to compare your
salary/compensation with those shown in CareerOneStop, a portal by the US
35
Department of Labor, for similar positions. Additionally, you can use other sources of
information. Again, if you choose to include this, make sure the evidence is enclosed
as an Exhibit.
• Conclusions to Chapter 3. A short statement reiterating that you are well-positioned to
advance the proposed endeavor.
For this chapter, you can include reference a Personal Statement letter as an Exhibit.
Alternatively, if you are an entrepreneur, you may provide a Business Plan (you can find
examples on other websites21). These are especially useful if you are not currently working in
the United States. You can use this letter for Chapter 3 (proving you are well-positioned) and
for Chapter 4 (waive the Labor Certification). This type of statement may be a 1 to 4-page
letter where you briefly describe your background and spend most of the letter explaining
plans for your work once in the United States.
6. Chapter 4 – It would be beneficial to the USA to waive the Labor Certification

In this Chapter, generally shorter than the previous two, you can explain why the US should
waive the Labor Certification. You can do this in different ways.
First, you can remind the USCIS officer that a labor certification considers only minimum
requirements but not exceptional abilities. Here, you can briefly reiterate why your
achievements are exceptional. You may refer to previous Chapters and even bring new
quotes from reference letters to convey the message.
Second, if you are already working in the United States, you can provide evidence that your
organization needs you. Consequently, by extension, you are needed in the country. You can
briefly explain again that your work is critical for the nation and finding another professional
in the field with similar contributions is extremely difficult.
In addition, you can literally state that your exceptional skills and track record of
achievements cannot be articulated in a labor certification process. This is because this
process would lead to choosing a person with weaker skills and experience than you have.
During this section, it would be immensely helpful if someone in your organization had
provided a letter of recommendation, that can be quoted.
If you are not currently working in the US, you can refer to an EB2 NIW Personal Statement
letter or a business plan, to help argue the need for waiving the labor certification. Even
though you can mention a shortage of professionals in the field, this should not be the central
argument as USCIS will not accept it for a waiver of the labor certification. This is clearly
36
stated in the USCIS Policy Manual22.
21
https://www.joorney.com/immigration/eb2-niw-visa-business-plan/#productsamples
22
7. Petitioner’s nonimmigrant status

In this section, you can briefly describe your current status as a nonimmigrant in the United
States. Of course, this applies only if you are already in the US and not if you are applying
from abroad using Consular Processing. Remember to attach the pertinent documentation to
the Exhibits section. This includes copies of visas, EAD cards, passport, I-94…
8. Petitioner’s dependents nonimmigrant status

Even though the I-140 petition is focused on you, it is necessary to mention that you have
dependents if that is the case. This is because in case you are granted a green card, they will
also be eligible for it. In this section, you can describe what is their nonimmigrant status and
reference the appropriate Exhibit where the copies of their documents are located.
9. Conclusions
This section is self-explanatory. In approximately one page, summarize all the Chapters of the
EB2 NIW cover letter and wrap it up with a final call for the USCIS officer to consider your
petition. Remember to thank them for the time they put into reviewing your case!
Tip: Adding your signature in ink at the bottom makes the letter look more formal.
After the writing process: proofread
As for every part of the I-140 petition, you should invest a considerable amount of time going
through what you wrote. This is a central part of the petition, and you want to make sure there
are no grammar issues, typos, or errors referencing the Exhibits. For grammar checks, I use
the tool Grammarly23. They have a free plan that integrates well with apps like Microsoft
Word. Additionally, you can upgrade to a paid plan for extra functionalities. On top of using
this type of tool, you may share your cover letter with a friend or colleague to get a second
review – fresh eyes always help! They can even provide feedback on how easy it is to
understand, especially if they are outside your professional field.
How long should the EB2 NIW cover letter be?
There are no official rules about how long the EB-2 NIW cover letter should be. Typically, letters
of 10 to 40 pages are common. Considering the amount of evidence that an EB-2 NIW case
includes, it is hard to think shorter letters can be effective. It is likely that the USCIS officer
misses some evidence because the content was condensed too much. On the opposite side,
a cover letter that is too lengthy may be repetitive and boring. My EB-2 NIW cover letter was
37
23
www.grammarly.com
22 pages long. In hand sight, I think I could have made it a bit shorter by avoiding
unnecessary repetition.
The EB-2 NIW cover letter: closing comments
In this section, we went through what the cover letter is and how to write a successful
one. Remember that this is the guide for the USCIS to navigate your petition. Invest time in
planning it and drafting it. Follow a structure that matches the requirements for this green
card category, so it is easy to review for the USCIS officer. Use language easy to understand
and avoid repetition. Finally, remember to double-check references to Exhibits and correct all
grammar and typos you can find.
38
Chapter 5. Recommendation Letters
The letters of recommendation for a National Interest Waiver green card application are an
important tool to strengthen your case. These letters are technically not a requirement by the
United States Citizenship and Immigration Services (USCIS). However, they are a versatile
way to demonstrate your experience in the field, your exceptional abilities, and even the
national importance of your endeavor.
In fact, I consider having no recommendation letters in the application package one of the 5
biggest mistakes to make. This is because reference letters can be very useful. These are
some of the important aspects your recommenders can help you demonstrate:
• Relevance of your publication record compared to others in the field

• Importance of your contributions to the field
• Reasons why you did not publish while in the industry
• Support waiving the labor certification requirement
• Number of years of experience
• How exceptional you are
• Evidence of progress in career
• Commanding a higher salary
• National Importance of endeavor and how you are well positioned
• Evidence of 10 years of full-time experience in the field (which can constitute one of
the three types of evidence to provide to USCIS for exceptional ability 24)
How many letters of recommendation for EB-2 NIW?
Even though recommendation letters are not a requirement for EB2 NIW, it is typical and
useful to include between 4 and 8 reference letters. While there are no limitations on how
many you can include, there is little value added beyond eight of them. Obtaining each one
of these letters is time-consuming and you should save your efforts for other more impactful
initiatives.
Types of recommenders: objective versus subjective
There are two main types of recommenders for EB-2 NIW petitions. The recommenders called
39
objective or independent advisory opinions are the most valuable for NIW green card
24
applications. This is because they are experts who may not know you personally but
through your work. In the eyes of USCIS, this is an indication of your exceptional abilities.
Have you realized that this is the opposite of what recommendation letters usually look like?
Typically, when we look for jobs and want recommendations, we resort to so-called
subjective recommenders. These are professionals that know you personally and probably
have worked with you. For example, your manager, an executive from a previous company, or
your Ph.D. advisor. Even though these would be the best recommenders for a job, it is not the
same for EB-2 applications. USCIS takes these reference letters for granted. In other words, it
will not hurt you to have a few of them, but it will not constitute the strongest piece of
evidence for your case.
How to find and approach potential recommenders for EB2

NIW
How to select subjective recommenders for EB-2 National Interest Waiver

Subjective recommenders are easy to find in your circle. Below is a non-comprehensive list of
potential subjective recommenders:
• Graduate advisor
• Another professor you worked closely with
• Current or former manager
• Executive from the current or former job
• Current or former colleagues
• Human Resources person
Your academic advisor: a great subjective recommender

If you have an advanced degree and had a good relationship with your graduate advisor, he
or she should be one of the recommenders. Your advisor can provide specific details on your
academic experience and highlight your achievements. He or she can also specifically
discuss your involvement in leadership activities, which can be hard to document otherwise.
In addition, if your degree is closely related to your endeavor, your advisor can help establish
why it is of substantial merit and of national importance. Particularly, he or she can explain
how you are well positioned based on the work you did in the academic institution.
Moreover, if you published research while working with this professor, he or she can provide a
statement in the letter highlighting how your publication record compared to other students.
This is another aspect that may be hard to substantiate otherwise. The paragraph below
gives an example of how to use the letter of an Advisor to support the applicant:
40
Excerpt from one of the reference letters from my EB2 NIW petition
“During his four years at XYZ University, Dr. LastName published a total of 7
peer-reviewed articles in prestigious journals, such as Journal1 and
Journal2. Typically, students in this program graduate with two to four
publications. The fact that Dr. LastName generated such a list of journal
articles speaks to his exceptional abilities as a researcher in the field of
Endeavor.”
Letters from employers: document experience, specific contributions, and support

National Interest Waiver
Letters from a boss or executive at a current or former company can also be helpful to
support claims that are hard to demonstrate otherwise. For example, in my case, I had
scientific publications during my time at the University, but my record stopped suddenly
when I entered the private sector. This was because private companies typically restrict the
information that can be shared publicly to protect their intellectual property.
While this is understandable, it may make it difficult to scientists to prove exceptional ability
and good positioning to advance the proposed endeavor. A letter from a current or past
supervisor or Executive can explain this and can carefully describe the scientific contributions
(in the case of a scientist) that make you well-positioned in the field. This would be hard to
accomplish due to the lack of public evidence.
Another example of a useful application of subjective letters is from a current employer

literally stating that a Labor Certificate does not articulate your skills and experience, and it
would impact the organization adversely. They can also include strong statements to
corroborate you are needed in the company or institution in the long term:
Excerpt from one of the reference letters from my EB2 NIW petition
“I fully expect Dr. LastName to continue playing a critical role in

Organization123”
How to find independent recommenders

41
Since independent or objective recommenders are by definition people you did not work
closely with, they are also the hardest to secure. Below is a list of ideas for how to find them:
• Leaders in other companies in your field

• Professors in your field that you have not worked with
• Authors that cited your work
• Professionals you met in conferences or networking events
• Connections of connections
You should start ranking them by reputation and experience. The more reputable the
potential recommender is, the stronger your application will become.
Find potential recommenders in your citation record
Another strong recommender would be someone that cited your work, which is particularly
relevant for scientists. Go through your citation record and read the publications that cited
your work. There are sometimes articles that not just cite but briefly describe the research you
conducted in more detail. Additionally, the contact information for the authors is generally
written on the paper. So, you can reach out to them to solicit their collaboration in your EB-2
NIW application.
Connections of connections: easy to approach
Connections of connections, and professionals you met in conferences or networking

events, are probably the easiest way to go. In fact, I obtained my three Independent Advisory
Opinions this way. I reached out to my Advisor’s collaborators and/or professors I had met in
conferences (mostly also through my dear Advisor!). They work great because, on paper,
there is nothing linking you and them. You have not published together, and they are not from
your institution. Furthermore, they can talk about your participation in a professional
convention or describe how they attended one of your talks and were impressed by your
work.
How to use independent recommenders for EB-2 NIW case
Letters from subjective recommenders can be used to establish your importance and impact
in the field of the endeavor. Since they know you through your work and not personally, these
are the letters that will specifically highlight the aspect of your career that make you well
positioned to advance the endeavor. If you are a scientist applicant, for example, they will
give examples of your research findings from your peer-reviewed publications to
demonstrate your contribution to the larger field.
How to approach independent recommenders?
Once you identify potential recommenders you should find their contact information and
42
send them an email asking for their collaboration. It is easier if you have some common
connection you can leverage or you had met them in person at some point. However, you
may try to approach people you do not know at all. Naturally, the way you draft the email will
vary depending on the situation. Below I provide an example of an email I used to contact a
Professor I had personally met but had never worked with.
Example of E-mail to request a reference letter for EB-2 NIW
“Hi, Dr. Professor,
My name is Oscar LastName, we met at Conference1 in New Orleans a few

years ago. I was Dr. Advisor’s student at the time. You may remember we had
lunch together in a nearby restaurant and we also attended each other’s
presentations during the conference. I do recall your work on Project123! I
graduated from University123 with a Ph.D. at the end of 2016 and since then I
have been working at a small biotech startup in Boston, Massachusetts. The
name is Startup123, and our aim is to XYZ.
I wanted to ask you for a favor. My current immigration status will end at the
end of the year and I am trying to get a green card to stay longer. The types of
GC I am applying for require me to prove that I am an “outstanding
researcher” or a “person of extraordinary ability”. There are multiple
documents I have to prepare and submit, such as publications, contributions,
awards, reviews… In addition, I will need to attach reference letters from experts
in my field. The most important ones are from people with whom I never
collaborated directly so they can judge my work objectively.
My question is…would you be able to help me by signing one of those letters? I

can send you a draft so your work is absolutely minimized, and you can review
and make any changes you want. I know there is no gain at all for you in
helping me, but I will be extremely grateful if you decide to say yes.
Please let me know, one way or another so I can prepare a draft of the letter.“
43
Setting target date for completion and follow-up

Once they confirm they agree to provide the letter, you will send them the draft and politely
indicate by when you would like to receive the letter back. You may need to follow up with
them as that date approaches. In addition, you will want to request they use official
letterhead from their institution, sign the letter using ink, and scan it for you to use. There is no
need for the originals for the letters for the I-140 application. Pro Tip: Once all this process is
over and you get your green card approval, remember to contact the recommenders to
thank them again!
Can the recommenders be from abroad?
Yes, the letters of recommendation for EB-2 NIW can come from foreigners. In fact, one could
argue that it makes for a stronger case if you demonstrate that your exceptional abilities are
known across the world. Nevertheless, make sure to obtain a translation of the letters if they
are written in a foreign language. In my case, 2 out of 6 letters were from professors from
Brazil. However, since their letters were in English there was no need for a translation.
How to write strong EB2 NIW recommendation letters
A letter of recommendation for EB-2 NIW should be 2 to 3 pages long, or approximately 1,000
words. Ideally, they will use the official letterhead of the institution. The letter should contain
an introduction by the recommender with an overview of their career, the relationship with
the applicant, and the reasons for the recommendation. Finally, it should end with a closing
statement and be signed by the recommender.
It is generally understood that most recommendation letters are not written completely by
the person who signs them. This is especially relevant to EB-2 NIW reference letters since
these are highly specific and very strong-worded that makes sense.
Structure of EB2 NIW Recommendation Letters
#1 Official Letterhead
The letters should include the official letterhead of the institution the recommender belongs
to. For example, the logo of a university or a company. Sometimes this is not possible
because the organization may have a policy directly against producing these types of
recommendations. However, it is always worth asking for it.
44
#2 Date
The letters should be dated. USCIS does not consider letters that are more than a few months
old because they may no longer reflect the acclaim or recognition that the applicant is trying
to establish.
#3 Address to USCIS and Subject
The letter should be addressing the US Department of Homeland Security and the US
Citizenship and Immigration Services. Typically, the letter can open with “Dear USCIS officer”,
or with a more neutral “To Who It May Concern” or “Dear Sir/Madam”. As the subject of the
letter, the recommender can use “RE: Independent Letter of Recommendation for Mr/Dr.
FirstName LastName” or similar statements.
Screenshot of the beginning of a recommendation letter from my I-140 package
#4 First Paragraph: Introduction
During the first paragraph, the recommender states that the purpose of writing such a
document is to support the application for a green card. It may go even further and already
give a strong statement about the significance of the applicant’s contributions. The
recommender can also provide some description of how he or she knows the applicant. For
example, they can say “while I have never personally met Mr. Applicant, I know him through
his numerous publications in top journals such as X, Y, or Z”.
45
#5 Second paragraph: Recommender's background
Early in the letter, the recommender should highlight their main contributions to the field. This
is to show USCIS that this person is relevant in the field, therefore can provide a good analysis
of the petitioner’s qualifications. In the I-140 application package, you will also include the CV
or resume of the recommender.
#6 Central paragraphs: Highlights of the applicant’s qualifications
In the following 2 to 4 paragraphs the recommender will identify the key contributions of the
petitioner to their field. Specifically, the reference letter will highlight why the petitioner is well
positioned and why the endeavor has substantial merit and national importance. This is the
central part of the letter, so it should contain statements to prove the claims that appear
throughout the petition letter.
#7 Final paragraph: Strong support of green card petition with a call for National Interest
Waiver
In the final sentences of the letter, the recommender should clearly and strongly support
your petition for EB-2 green card. In addition, some letters can specifically explain why USCIS
should grant you a National Interest Waiver. If you are currently employed in the United States
and someone in your company is writing a reference letter, then they are the best ones to
provide these statements.
Finally, remember to ask the recommenders to sign the letter using ink and scan the letter
for your use.
Request CV of recommenders
In your I-140 petition, you will attach the CV of the recommenders as Exhibits. This is to provide
the USCIS officer with more information that makes it clear that these people are respected
professionals in the field. Alternatively, if the CV is not available, they may provide a resume or
a bio sketch.
How long should a good EB2 NIW recommendation letter be?
A good reference letter should be around 1,000 words or 2 to 3 pages. Very long letters can
be counterproductive, as the USCIS officer may lose focus and the strong points will get
diluted. On the other hand, it is hard to produce a high-quality letter that is under 2 pages.
Very short letters will miss some of the content outlined in the section above.
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Takeaways
• Recommendation letters are a crucial part of an EB2 NIW green card application.
• You should consider including 4 to 8 letters in your petition package.
• Among those, at least half should be from independent recommenders since USCIS
gives more weight to objective references.so-called
To obtain real reference letters from a successful EB2 NIW application, be sure to download
my I-140 package at www.eb2niw.info
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Chapter 6. Personal Statement

When preparing the cover letter for the I-140 petition, it is important to gather and present as
much information and evidence as possible. Remember that the I-140 is not just the form,
but the whole petition where you should prove you meet all the requirements for EB-2 NIW
(National Interest Waiver). To show you comply with each requirement, you should provide
the necessary evidence. A personal statement is often a good document to include in the
exhibits along with other evidence. In this article, I will explain why and how you can go
about drafting your own personal statement for EB2 NIW.
What is a Personal Statement
A personal statement is a document drafted by the petitioner explaining the professional

plans to pursue in the United States. It may seem redundant considering that part of
the cover letter discusses the “proposed endeavor”. However, this plan can bring additional
clarity to the USCIS officer. It can define the type of activity, beyond the endeavor, that one
plans to undertake. In addition, the highlights of it can be quoted in the cover letter itself.
When is a good idea to include a Personal Statement for EB2

NIW?
A personal statement is a good idea for petitioners who are working professionals and not
businesspeople or entrepreneurs. In other words, a personal statement or professional plan
makes sense for a person who has been and/or plans to be an employee in an organization.
For example, a scientist or researcher who has worked in academia or in a company. Or an
engineer who works for companies developing products.
On the other hand, businesspeople or entrepreneurs may choose to write and attach
a business plan instead, which can be more relevant to their occupations and provide more
details to the USCIS officer. This is out of the scope of this document but some examples of
business plans can be found elsewhere25.
How to make a Personal Statement for EB-2 NIW

48
25
https://www.joorney.com/immigration/eb2-niw-visa-business-plan/#productsamples
When writing a Personal Statement, the petitioner should be intentional since some excerpts
from this document will be quoted in the petition’s cover letter. The structure of the personal
statement can be the following:
• Date
• Salutation. Similar to the recommendation letters (Chapter 4), it is courteous to
include some sort of salutation to the USCIS officer that will review the document.
“Dear Sir/Madam”, “Dear USCIS Officer”, “To Whom It May Concern”, are a few options.
• Subject line. For example: “Personal Statement – Name and Last Name”
• Petitioner´s background. This is just a summary of the profile of qualifications. It can
be half or less than half of the document and it can serve as a reminder of how the
person is well positioned in the field of endeavor.
• Petitioner’s professional plans. In this part of the letter, the petitioner explains what
the plans are for work in the United States, should a green card be granted. This
should be at least half of the document. In the next section, I cover this part more in
detail.
• Name and signature. Don't forget to sign in ink - it looks so much more professional!
How long should the Personal Statement be?

In my opinion, this document should be approximately 2 to 4 pages. Of course, each case is
different and may require shorter or longer explanations. In general, you do not want to write
too much that is completely boring to read. Too short personal statements could leave the
USCIS officer thinking that there are no solid plans for a future in the US.
What to include in a Professional Plan for EB2 NIW

The petitioner’s professional plans can be broken down into sub-headers or paragraphs. A
first paragraph can provide just an overview of the plans in the US, and then subsequent
paragraphs can explain in detail different aspects. For example, a scientist or researcher can
dedicate one paragraph to introducing the overall topic of investigation - let’s say process
development for bioproducts. Then, there can be different sub-sections describing specific
projects, such as “Production of biofuels from biomass residues”, and “Production of RNA for
biopesticide uses”.
It is important to briefly link each project to its National (or international) Importance, to
reinforce the idea that the endeavor is indeed linked to the United States’ interests.
Additionally, I suggest explaining in detail what type of job the petitioner is seeking, to
articulate the work in the US better. If already in the US, the petitioner can talk about their
current position (its relevance) and what type of organization it is. If there were already other
job offers made, or recruiters approaching the petitioner, it is also interesting to mention
49
them and add those as evidence in a suitable Exhibit. This can be additional evidence of how
the petitioner is well positioned as there is interest in their services. All of this can be included
in a separate subsection.
Wrap everything up by reaffirming how convinced you are that you will be able to easily find
(or retain) the targeted job once you obtain the residency.
The value of the Personal Statement for EB2 NIW

The Personal Statement is useful to articulate the plans in the United States properly. This lets
the USCIS officer know that the petitioner has a specific vision and plan to follow once in the
US. This can help establish the second prong of the Matter of Dhanasar (the petitioner is
well-positioned). In fact, the USCIS Policy Manual specifically talks about this type of
document as one of the types of evidence that can be used for this prong: “A plan describing
how the person intends to continue the proposed work in the United States”.
In conclusion: what should you do?
Like for other green card application matters, the decision is yours (and your lawyer's if you
use one). You know your case and can decide if a Personal Statement containing your
professional plans can add any value to your EB-2 NIW application. If you think it can make
your case stronger and clearer, then I would include it. In my case, I decided not to include a
Personal Statement because there was little information to add through this document.
50
Chapter 7. How to assemble the I-140

petition
Document list
Below is a list of documents that I included with my I-140 petition. The section A (Forms and
Fee) constitute the part dictated by USCIS guidelines – see their current I-140 instructions at
the time you prepare your application26. Section B is the cover letter, which we went over in
Chapter 3. Then, what is left is all the Exhibits enclosed to the petition as supportive evidence.
List of Documents
A. Forms and Fee
A.1 Filing Fee per Form I-140 - $700
A.2 Form I-140
A.3 Form ETA-9089 (in duplicate)
B. Petition Cover Letter
1. Advanced Degree Professional
2. Substantial Merit and National Importance
3. I am well positioned to advance the proposed endeavor
4. It would be beneficial to the USA to waive the Labor Certification
5. My nonimmigrant status
6. Conclusion
List of Exhibits
Exhibit 1. Description of Exhibit 1
Exhibit 2. Description of Exhibit 2
Exhibit…
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26
https://www.uscis.gov/i-140
Forms and Fee

Find the forms in the official source, to make sure they are current and that you follow the
official instructions. Form I-140 can be found in the USCIS website27 and Form ETA-9089 is in
the Department of Labor website28 (but needs to be included in the I-140 petition), and NOT
sent to the Department of Labor.
You can check the amount needed for the Fee and the method of payment in the I-140
website. When I filed the cost was $700 and they accepted check or money orders, but not
cash or card payments.
Translations and Credential Evaluations

Some documents that you may want to include as Exhibits may be in languages other than
English. You need to provide a copy of the document along with a certified translation.
In addition, if your university degrees are from abroad, you will need to obtain a credential
evaluation report. This report informs the USCIS officer of what is the US equivalent degree,
and sometimes has information about the university, department, requirements for the
degree, etc.
Cover Letter
The Cover letter was already discussed in Chapter 3 earlier (page 27).
Exhibits
The type of Exhibits you include will depend on your case. You can check out the exact
Exhibits I had in my I-140 petition by downloading my package. Everything you discuss in your
cover letter has to be included as Exhibit!
Examples of documents to establish education

• Diplomas and transcripts from Universities
• Credential evaluation reports
Examples of documents to demonstrate achievements

• Curriculum Vitae, updated and complete
• Proof of awards, grants, prizes, or scholarships
• Evidence of membership in professional organizations, especially if they have
requirements for accepting members, such as achievements in the field
• Proof of having reviewed the work of others, for example e-mails confirming
participation as a judge in a professional competition, or e-mails confirming having
52
reviewed peer-reviewed papers.

• Evidence of being invited to give professional talks at events or conferences
27
28
https://www.dol.gov/agencies/eta/foreign-labor/forms
• List of publications and citations. This is especially important for researchers. They can
include a screenshot of webs like Google Scholar
• List of patents or patent applications
• Copies of mentions of your work in any type of regional or national media
(newspapers, TV, websites…)
Examples of documents to substantiate national importance

• Government press releases discussing the topic
• Copies of laws, bills, or acts focusing on the problem you can help solving
• Copies of scientific literature discussing the issues you work on
• Copies of news highlighting the importance of the topic of your work
Examples of documents concerning your employment status

• Offer letter from your company
• Promotion letters
• W-2 forms
• Recent 3 paychecks
Examples of documents regarding your nonimmigrant status (and of your dependents)

• Copy of passport(s)
• Copy of any present and past visa pages
• Copy of any present and past documents related to visas (such as I-797 for H-1B visas
or I-20 for F-1 visa)
• Copy of any present or past EAD cards (for example a student on OPT)
• Copy of current and previous I-94 – get it in the official source29
• US Travel History – get it in the official source30
Use of cover pages to organize the document
The I-140 petition can be very lengthy when we add all the sections together. Mine, for
example, was over 200 pages! My recommendation is that you introduce each section with a
cover page. Each cover page may contain:
• Petitioner/Beneficiary name
• “Petition I-140, EB-2 National Interest Waiver – INA §203(b)(2)(B)
• Contents placed below the cover page, for example: “Forms and Fee”, or “Exhibit 1:
53
Letters of Recommendation”.
29
https://i94.cbp.dhs.gov/I94
30
https://i94.cbp.dhs.gov/I94
Remember that the purpose of everything we do is to have a strong case but also a case that
is easy to go over and understand. The cover pages can help the USCIS officer to navigate
the document easily.
You can decide how many cover pages you need. In my case I even used cover pages to
organize sub-sections. For example, in the Letters of Recommendation section I had one
overall cover page and then one more for each of the six reference letters I included.
However, I did not have a separate cover page for the letter and the CV from the
recommender. It is up to you to determine what makes sense.
In addition, you can have a footer on each cover page with your name and the green card
category (EB-2 NI2W).
You can see all this in detail if you decide to download my I-140 petition available in
www.eb2niw.info. In the meantime, to give you an example here, I reproduced one of my
cover pages from the I-140 petition I submitted to USCIS:
54
55
Screenshot of one the cover pages from my own I-140 petition

Assemble the physical copy of the I-140 petition
Once you are done proofreading everything, it is time to print all the documents. Lay all the
sections on the floor and start organizing the petition by placing the documents of each
section beneath the appropriate cover page.
Scan the final hard copy for your records

Once you have double checked that everything is in order, it is important that you scan the
whole petition as is. This will be your electronic copy for your records. Remember that USCIS
will not return the petition to you. It is a good idea to retain an exact replica of what you
mailed them so you can have it handy in case there is an RFE (Request for Evidence) or to
take with you to the interview once you obtain your approval.
Use a 2-prong fastener to secure the petition

The I-140 petition is long and may be difficult to handle unless properly secured. You cannot
just use paper clips or the like, because you can’t risk the petition falling apart during
shipment or during review by the officer.
A simple solution is to use a 2-hole punch on the top portion of the pages, and the secure
them all using a prong fastener. These can be found on Amazon or in your local office supply
store.
When deciding what hole punch to buy consider how many pages at a time they can handle,
so you do not have to do too many rounds of punching. Similarly, when deciding on fasteners,
take a look at how many inches of document thickness they can hold.
Image of 2 hole punch machine and prong fastener

56
Use sticky notes to mark the beginning of each section

At the bottom of the document, mark each section using sticky tabs. This is to facilitate the
work of the USCIS officer. Of course, you have a List of Documents and Table of Contents at
the beginning of the petition, but this is just extra help, so they do not have a hard time
moving back and forth through the document.
The picture below shows my application with the sticky tabs at the bottom, and an AAA
battery for reference to show how thick the petition was.
Picture of my I-140 petition
Protect the petition from damage during shipping

Before you mail the petition, be sure to add a couple of layers of protection.
If you want, you could add a plastic sheet on top of the main cover page, to add some more
protection. I did not do this, but it is an option to consider.
I did put the whole petition inside a filing folder (as shown in the picture above).
57
Then, when I put the petition inside a mailing box, I made sure it could not bounce around.
Be sure to use the right size for your box, and if needed, add some packing peanuts or some
other type of material that fills the space. This may be a bit annoying for the USCIS staff when
they open the box, so it is better to just make sure the size of the shipping box is right.
Mailing and proof of delivery

Mail the petition to the appropriate USCIS address (the address will vary depending on a few
factors; as usual make sure to check the official USCIS instructions) 31.
When I mail an important document such as this one, I make sure I request tracking
information to get proof of delivery. That way I am absolutely sure the petition made it to the
right address and was received.
A few days later you should receive a letter from USCIS confirming receipt and providing a
case number. This will be useful to track the status of your petition in the USCIS website 32.
Screenshot of the USCIS “Case Status” website
Next steps
After submitting the petition and receiving the case number, all you have to do is wait.
USCIS could send you a Request for Evidence (RFE) if they feel they need more information
about a certain aspect of your petition. Make sure your address is always up to date and you
inform USCIS if you move33, to avoid missing any important notification such as an RFE. In my
58
31
32
https://egov.uscis.gov/casestatus
33
http://www.uscis.gov/addresschange
website I discussed how to respond to an RFE, in case you want to be proactive and have a
general understanding of what it would take34.
If you applied from the US the next step after approval will be an Adjustment of Status. This is
out of the scope of this e-book, but there will be separate materials covering this portion of
the process.
If you applied from abroad, you will not use an Adjustment of Status, but Consular Processing.
You would have specified that option in your I-140 form and selected the appropriate
consulate in your country of residence (as of July 2022 this is Part 4 of the form I-140). You will
be notified when it is your turn to attend an interview in the US Consulate.
Closing thoughts
The I-140 application takes time and effort. Hopefully, this e-book will be useful as a resource
to guide you through the process. You can also regularly check the website www.eb2niw.info
for more information. I created a Youtube channel
(https://www.youtube.com/c/OscarsGreenCard) where I explain some of these topics in
video format, and you can also find me at [email protected].
Good luck in your green card journey!

59
34
https://eb2niw.info/2022/06/26/how-to-respond-to-request-for-evidence-rfe/

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raphaelsantanasouza@gmail.

com 06 Nov 2023

Oscar Pardo Planas

© 2022-2023 Oscar Pardo Version 3 – Last update Jan 2023

About this document & Disclaimers ...................................................................................................................................... 4

My story – A journey through visas and green cards ............................................................................................... 4

Chapter 2. Overview of EB-2 NIW process and timeline ................................................................... 7

Is NIW the same as EB-2? ............................................................................................................................................................... 7

The steps for the EB-2 NIW application ............................................................................................................................... 7

Separate versus concurrent I-140 and I-485 filing ................................................................................................ 8

Preparation time for EB-2 NIW submission ....................................................................................................................... 11

1. Understand the EB2 National Interest Waiver process...........................................................................12

2. Complete your profile and make your case stronger ............................................................................12

3. Strategize on what your case will look like ......................................................................................................12

4. Contact potential recommenders ........................................................................................................................12

Conclusions to Preparation time ........................................................................................................................................13

Chapter 3. The EB-2 NIW requirements and USCIS information ................................................... 14

Requirements for EB-2 NIW ......................................................................................................................................................... 14

2. The applicant's work has substantial merit and national importance........................................... 15

3. The applicant is well positioned to advance the proposed endeavor ........................................... 16

4. On balance, it would be beneficial to the United States to waive the requirements of a

The Matter of Dhanasar ................................................................................................................................................................. 16

1. The endeavor has substantial merit and national importance ............................................................. 17

What does endeavor mean to USCIS? ........................................................................................................................... 17

2. The petitioner is well positioned to advance the endeavor. ................................................................... 19

USCIS website for Forms .......................................................................................................................................................... 22

USCIS Policy Manual ................................................................................................................................................................... 25

How to write an effective EB2 NIW cover letter .............................................................................................................27

Plan before you write ..................................................................................................................................................................27

What language to use in an EB2 NIW cover letter ............................................................................................... 28

Quotes and Exhibit references............................................................................................................................................ 28

Structure of EB2 NIW cover letter....................................................................................................................................... 28

After the writing process: proofread .............................................................................................................................. 37

The EB-2 NIW cover letter: closing comments ............................................................................................................ 38

Chapter 5. Recommendation Letters .................................................................................................39

How many letters of recommendation for EB-2 NIW? ........................................................................................... 39

Types of recommenders: objective versus subjective ......................................................................................... 39

How to find and approach potential recommenders for EB2 NIW............................................................... 40

How to find independent recommenders .................................................................................................................. 41

How to approach independent recommenders? ............................................................................................... 42

Can the recommenders be from abroad? ............................................................................................................... 44

How to write strong EB2 NIW recommendation letters ......................................................................................... 44

Structure of EB2 NIW Recommendation Letters .................................................................................................... 44

Request CV of recommenders ........................................................................................................................................... 46

Chapter 6. Personal Statement .......................................................................................................... 48

What is a Personal Statement ................................................................................................................................................. 48

How to make a Personal Statement for EB-2 NIW .................................................................................................... 48

How long should the Personal Statement be? ....................................................................................................... 49

What to include in a Professional Plan for EB2 NIW ............................................................................................. 49

The value of the Personal Statement for EB2 NIW ................................................................................................ 50

In conclusion: what should you do? .................................................................................................................................... 50

Chapter 7. How to assemble the I-140 petition................................................................................. 51

Forms and Fee ................................................................................................................................................................................ 52

Translations and Credential Evaluations ................................................................................................................... 52

Cover Letter ....................................................................................................................................................................................... 52

Use of cover pages to organize the document .......................................................................................................... 53

Assemble the physical copy of the I-140 petition..................................................................................................... 56

Scan the final hard copy for your records ................................................................................................................. 56