What is Form I-140 for an EB2/NIW Visa and Why is it so Important?
What is Form I-140 for an EB2/NIW Visa and Why is it so Important?
FRONT MARCH 19, 2025 / IN BLOGS , EB2-NATIONAL INTEREST WAIVER , TR
Asım Kılınç, Immigration Lawyer, CK Law Firm
The EB2/NIW (Employment-Based Second Preference National Interest Waiver) visa is a great opportunity for highly educated professionals and individuals specializing in specific fields who want to work and obtain permanent residency in the US. This visa specifically allows individuals who can contribute to the US national interest to apply without employer sponsorship. It offers a valuable immigration path for individuals working in science, technology, engineering, mathematics (STEM), business, healthcare, and other critical sectors.
One of the most critical stages of this process is the I-140 Form. The EB2/NIW visa I-140 is an official petition submitted to USCIS detailing the applicant's qualifications, professional achievements, and potential contributions to the United States. Through this form, USCIS evaluates whether the applicant meets the NIW criteria and decides whether to proceed with the visa process.
So, what is the EB2/NIW visa I-140 Form, and why is it so important? In this article, we examine the following topics:
- What is Form I-140?
- Why is Form I-140 So Important?
- Form I-140 and NIW Criteria: Make Your Application Strong
- How to Prepare Strong Reference Letters for the I-140 Application
- Most Common Mistakes on Form I-140 and How to Avoid Them
- Steps to Take After EB2/NIW Visa and I-140 Approval
- What to Do If Form I-140 Is Rejected
We've covered these topics in detail in our article. However, if you have any other questions or specific topics, you can always contact us through our website. Alternatively, if you'd like to contact me directly, you can always reach me through my LinkedIn account. Enjoy reading!
What is Form I-140?
Form I-140 is a key form required by U.S. Citizenship and Immigration Services (USCIS) for employers and individual applicants to apply for an EB2/NIW green card. This form is used to demonstrate that the applicant is qualified to work in the United States and can be beneficial to the country.
The Main Purpose of Form I-140
- Verify the applicant's professional competence and expertise
- Enabling applications to be made without employer sponsorship under the NIW (National Interest Waiver)
- Identifying individuals who can contribute to the U.S. economy or society
Why is Form I-140 So Important?
The EB2/NIW visa I-140 form is a critical step for the following reasons:
- Determines Applicant Eligibility: USCIS evaluates a person's eligibility for an EB2/NIW visa based on the information on the I-140 form.
- Opens the Way to a Green Card: Applicants who receive an I-140 approval can begin the green card process by applying for an I-485 (Adjustment of Status).
- Provides Employer Independence: Because EB2/NIW applications do not require employer sponsorship, candidates can apply on their own.
- Fast Results Available: The application process can be accelerated with the Premium transaction option.
- Opportunity to Work and Live in the US: I-140 approval increases an applicant's chances of remaining in the US long-term.
Form I-140 and NIW Criteria: Make Your Application Strong
The Dhanasar criteria are taken into account when completing Form I-140 for US EB2/NIW visa applications. For successful NIW applications, the following three main criteria must be met:
- Your work is of great importance to the United States
- The USA urgently needs your service
- It would be advantageous for you to work in the US in terms of national interest
By demonstrating these criteria, you can increase your chances of getting your EB2/NIW visa Form I-140 approved.
How to Prepare Strong Reference Letters for the I-140 Application
Letters of recommendation are crucial to increasing your application's chances of acceptance. Here are some tips for creating effective letters of recommendation:
- Receive letters from experts in your field (Professors, managers, academics, industry leaders)
- Letters should include concrete information about specific projects, achievements, and contributions
- Explain how you contribute to the national interest of the United States
Sample Reference Letter Content:
- The applicant's field of expertise
- Achievements and publications in his field
- Assessment of how it will contribute to the United States
Most Common Mistakes on Form I-140 and How to Avoid Them
Submitting Incomplete or Incorrect Documents
- Identity and professional documents must be complete
- The information in the documents must be consistent with the application form
Providing Conflicting Information on the Form
- Providing inconsistent or incorrect information in the application form is grounds for rejection
- Make sure that all information is entered correctly and completely
Providing Insufficient Evidence
- Professional experience, academic achievements, articles and projects must be submitted as evidence
- Attach additional documentation to demonstrate that you will contribute to the U.S. economy or society
Steps to Take After EB2/NIW Visa and I-140 Approval
Once your I-140 is approved, you can continue the green card process. Here are the next steps:
| Stage | Explanation |
|---|---|
| I-485 Application | If you are in the United States, you can apply for a change of status. |
| Consular Process | If you are outside the US, you must attend a consular interview for an immigrant visa. |
| Work and Life Planning | Work and residence permits must be issued in the USA. |
What to Do If Form I-140 Is Rejected
If your I-140 is rejected, don't panic! Here's what to do step by step:
Review the Reason for Rejection
- Read the rejection letter from USCIS carefully
- Identify deficiencies and errors
Evaluate the Appeal Process
- For rejected applications, a MOTION TO REOPEN or MOTION TO RECONSIDER application can be made
- You can reapply by correcting the errors
Explore Alternative Routes
- Assess your eligibility for different visa types such as EB1 or O1
- Get support from an expert immigration lawyer
If you're planning to apply for an EB2/NIW visa using Form I-140, we've shared important details about the process in this article. Successfully completing this process requires a sound strategy and professional preparation. At CK Law Firm, we can guide you through this process. You can contact us through our Contact page with your questions or requests. You can also connect with me on LinkedIn if you have any questions. Don't forget to check out our Blogs section for more information and content.