What is the I-140 Form for the EB2/NIW Visa? Why is It So Important?

Asım Kılınç, Immigration Attorney, CK Law Firm

The EB2/NIW (Employment-Based Second Preference National Interest Waiver) visa is a significant opportunity for highly educated professionals and individuals specializing in certain fields who wish to work and obtain permanent residency in the United States. This visa allows individuals who can contribute to the national interest of the U.S. to apply without the need for an employer sponsorship. It serves as a key immigration pathway for professionals in science, technology, engineering, mathematics (STEM), business, healthcare, and other critical industries.

One of the most critical steps in this process is the I-140 Form. The EB2/NIW visa I-140 form is an official petition submitted to the U.S. Citizenship and Immigration Services (USCIS) that details the applicant’s qualifications, professional achievements, and potential contributions to the U.S.. USCIS evaluates whether the applicant meets the NIW criteria through this form and determines whether to advance the application to the next stage. In this guide, we will cover:

• What is the I-140 Form?
• Why is the I-140 Form Important?
• I-140 Form & NIW Criteria: Strengthening Your Application
• How to Prepare Strong Recommendation Letters for I-140?
• Common Mistakes in the I-140 Form and How to Avoid Them
• Next Steps After EB2/NIW Visa and I-140 Approval
• What to Do If Your I-140 Form is Denied?

If you have any additional questions or require personalized assistance, feel free to contact us through our website or reach out to me directly via LinkedIn. Enjoy your reading!

What is the I-140 Form?

The I-140 Form is a critical petition submitted to USCIS by either an employer or an individual applicant as part of the EB2/NIW green card application process. This form serves as proof that the applicant has the necessary qualifications to work in the United States and can contribute positively to the country.

The Primary Purpose of the I-140 Form

• To verify the applicant’s professional qualifications and expertise
• To allow applications without employer sponsorship under the National Interest Waiver (NIW)
• To identify individuals who can contribute to the U.S. economy or society

Why is the I-140 Form So Important?

The EB2/NIW visa I-140 form is a crucial step in the immigration process for several reasons:

• It Establishes Eligibility: USCIS determines whether the applicant qualifies for the EB2/NIW visa based on the information in the I-140 form.
• It Opens the Green Card Pathway: Approved applicants can proceed with the I-485 (Adjustment of Status) application to obtain permanent residency.
• It Provides Independence from Employers: Since EB2/NIW applications do not require employer sponsorship, applicants can apply on their own.
• It Can Be Expedited: The premium processing option can speed up the application process.
• It Increases Work & Residency Opportunities: A successful I-140 approval enhances long-term stay and career prospects in the U.S.

EB2/NIW Visa I-140 Form & NIW Criteria: Strengthening Your Application

To successfully complete the EB2/NIW visa application, you must satisfy the Dhanasar criteria when filling out the I-140 form. These three key requirements include

• Your work must be of substantial importance to the U.S.
• The U.S. must have an urgent need for your expertise.
• Your work in the U.S. must provide a significant national benefit.

By presenting strong evidence for these criteria, you can significantly enhance your chances of I-140 approval.

How to Prepare Strong Recommendation Letters for I-140?

Well-crafted recommendation letters play a vital role in increasing your chances of approval. Here are some tips for preparing effective letters:

• Obtain letters from recognized experts in your field (professors, executives, industry leaders, researchers).
• Include specific details about your projects, achievements, and contributions.
• Highlight how your work benefits the national interest of the U.S.

Example Structure of a Recommendation Letter:

• Applicant’s area of expertise
• Applicant’s achievements, research, and contributions
• How the applicant’s work benefits the U.S.

Common Mistakes in the I-140 Form and How to Avoid Them

Errors in the I-140 application can lead to rejections. Here are the most frequent mistakes and how to avoid them:

Submitting Incomplete or Incorrect Documents

• Ensure all identity and professional documents are complete and consistent with the application.

Providing Inconsistent Information

• Ensure that all information is accurate and matches throughout the application.

Failing to Provide Sufficient Evidence

• Submit proof of work experience, academic success, publications, projects, and contributions to the U.S. economy or society.

Next Steps After EB2/NIW Visa & I-140 Approval

Once your I-140 is approved, you can move forward with the green card application process. The following steps apply:

Step	Description
I-485 Application	If you are in the U.S., you can apply for Adjustment of Status.
Consular Processing	If you are outside the U.S., you will attend a visa interview at a U.S. consulate.
Work & Residency Planning	Organize your employment and residency permits in the U.S.

What to Do If Your EB2/NIW Visa I-140 Form is Denied?

If your I-140 form is denied, don’t panic! Here’s what you should do:

📌 Review the Denial Reason

• Carefully read the denial letter from USCIS to identify mistakes or missing documents.

📌 Consider Filing an Appeal

• You may submit a MOTION TO REOPEN or MOTION TO RECONSIDER to challenge the decision.
• If necessary, correct any errors and resubmit your application.

📌 Explore Alternative Visa Options

• Consider applying for other visa categories such as EB1 or O1, if eligible.
• Consult with an immigration attorney for guidance.

If you are considering applying for an EB2/NIW visa and submitting an I-140 form, this guide provides essential insights into the process. Successfully navigating this pathway requires a well-planned strategy and professional preparation.

At CK Law Firm, we are here to guide you through every step of your journey. For more information, feel free to contact us via our official website. If you have any questions, you can also reach out to me directly on LinkedIn.