Green card for PhD, self petition, NIW requirements, NIW DIY package

EB2 NIW cover letter sample

July 13, 2013 By Veronika 62 Comments

We discussed general tips for EB2 NIW petition letter (cover letter) in one of the previous posts . Today we prepared brief National Interest Waiver cover letter example which may be used as a template. Complete NIW petition letter which helped us significantly to succeed when applying for green card may be found in NIW DIY package .

USCIS recommends to mark the letter by nature of submission (ORIGINAL SUBMISSION / BRIEF FOR AN APPEAL / RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION etc.) and appropriate address (check at USCIS website ). The introduction part of National Interest Waiver petition letter may look like this:

July 13, 2013

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. Zdenek Sverak 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 Immigrant Petition for Alien Worker (I-140) by me, Dr. Zdenek Sverak, as a self-petitioner/beneficiary.

We mentioned which statutory and precedent requirements we wanted to prove in this NIW cover letter. We also added very short highlights there too with references to detailed parts of the letter:

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. and Master’s degree in Physics and I am employed as a radiation physicist at Johnson’s Radiation Laboratory. See chapter 1 (page 5).

I further submit evidence and documentation to demonstrate that a waiver of labor certification in my specific case is in the national interest pursuant to In re Matter of New York State Dept. of Transportation (NYSDOT), 22 I&N Dec. 3363, Int. Dec. 3363 (Act. Assoc. Comm. 1998).

  • I seek employment in an area of substantial intrinsic merit . My research in radiation physics field significantly helps to reduce doses to patients during medical cancer imaging. This research is used also for monitoring of radiation threat. See chapter 2 (page 6).
  • Proposed benefit will be national in scope . My unique radiation monitoring equipment for early warning of radiation threat was installed in 8 government facilities of National Government Agency around US and successfully brings superior benefits to national security of the whole country. See chapter 3 (page 10).
  • I will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. I have made outstanding contributions to the radiation imaging technology and was first researcher who developed device with sufficient image resolution and significantly lower doses to patients. I also serve as a crucial advisor in National Government Agency and their research projects would be seriously impaired without my contribution. See chapter 4 (page 15).

We have found that few attorney firms and some people in public forums recommend to include even full citation of law applicant wants to meet. We are not sure if this really brings some value for EB2 NIW case. It may look like this:

For the convenience of the adjudicator, a summary of the pursuant law is provided below.

Section §203(b) of the Immigration and Nationality Act states in pertinent part that:

(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. –

(A) In general. – Visas shall be made available … to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

(B) Waiver of Job Offer:

(i) … the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien’s services in the sciences, arts, professions, or business be sought by an employer in the United States.

Pursuant to 8 C.F.R. 204.5 (k)(2), advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master’s degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.

Matter of New York State Dept. of Transportation, 22 I&N Dec. 215, 217-218 (Comm. 1998)(hereinafter “NYSDOT”), has set forth several factors that U.S. Citizenship and Immigration Services (USCIS) must consider when evaluating a request for a national interest waiver. First, the petitioner must show that the alien seeks employment in an area of substantial intrinsic merit. Next, the petitioner must be show that the proposed benefit will be national in scope. Finally, the petitioner seeking the waiver must establish that the alien will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.

We added brief list of documents (complete list may follow or precede this letter) and explained how we organized evidence .

This letter serves as a guide through all submitted evidence which is placed in following order:

  • recommendation letters together with resumes of authors (see Exhibits 1 – 7)
  • Advanced Degrees with evaluation reports (see Exhibit 8)
  • curriculum vitae (see Exhibit 9)
  • evidence supporting my past track of achievements and impact on the field, including awards, citations, publications etc. (see Exhibits 10 – 20)
  • government articles explaining benefits of my research to U.S. nation (see Exhibits 21 – 22)
  • nonimmigrant status of me and my spouse – passports, approval notices, I-94, visas and marriage certificate (see Exhibits 23 – 25)

Table of contents may be included to clearly show USCIS officer the structure of National Interest Waiver petition letter. We have used chapters and subchapters with names matching NIW requirements.

Content of this petition letter is divided into chapters:

  • 1. Advanced Degree Professional
  • 2. Substantial Intrinsic Merit
  • 3. National in Scope
  • 4. National Interest

4.1 I Developed New Groundbreaking Method in Radiation Imaging

  • 4.2 I am Critical Member of the Team Who Cannot Be Replaced
  • 4.3 My Impact on the Field
  • 4.4 National Interest Would Be Adversely Affected if Labor Certification Were Required
  • 4.5 …
  • 5. Nonimmigrant Status of me and my Dependent

NIW cover letter may continue with complete explanations and details in chapters with appropriate names as already mentioned above. In fact, National Interest Waiver petition letter may be structured in chapters with more traditional names (e.g. Education, Background, Work Experience, Awards etc.) but USCIS officer must find easily how applicant satisfied 4 required National Interest Waiver criteria . Quotations from letters of recommendation and references to all necessary exhibits should be included. See short example of subchapter:

Standard radiation imaging, used for example for screening of the broken bones or early discovery of the cancer tumor, exposes patients to harmful radiation X-rays. [Detailed explanation…]

U.S. Food and Drug Administration (FDA), agency within the U.S. Department of Health and Human Services, describes significant increase of harmful effect of radiation dose deposited to patients: “In the early 1980s, medical X-rays made up about 11 percent of all the radiation exposure to the U.S. population. Current estimates attribute nearly 35 percent of all radiation exposure to medical X-rays.” (see Exhibit 21, page 2). Thus the medical imaging is never ending battle between high quality pictures and low radiation dose deposited to patients.

I have developed new method X-Med imaging which solves this problem by significant reduction of the radiation dose absorbed to human body during medical screening. [Detailed explanation how it works in layman’s language] (see Exhibit 14, page 5).

Dr. John A. Doe, independent outstanding expert, Senior Physicist at National Radiation Laboratory, explains importance of my contribution: “Dr. Sverak introduced new outstanding method… [confirming applicant’s words and explaining some details] … My team in National Radiation Laboratory used his method and received significantly better results compared to older method. Images have even higher quality and sharper contrast and radiation dose to patient was lower more than 30 percent. Hence Dr. Sverak’s X-Med method belongs to extraordinary discoveries in our field.” (see Exhibit 2, page 3)

Moreover, this groundbreaking method enables more precise and safer breast cancer recognition, as confirms Dr. John B. Doe, professor from Stanford University: “ [Another confirming and detailed testimony…] ” (see Exhibit 3, page 2)

I published principles and results of X-Med method in several high impact factor peer-reviewed journals (see Exhibit 15). My articles were widely accepted by other scientists and had a great impact on the whole field of radiation imaging physics. This can be seen by more than 100 citations of these particular papers (see Exhibit 16). After publishing this method I was invited as a speaker to Medical Imaging Conference 2010 held in New York, USA (see Exhibit 17.1) and I was also asked to review scientific articles in IEEE Medical Imaging Journal (see Exhibit 17.2, page 2). This Journal is very prestigious in the field of radiation imaging physics which is demonstrated by its higher impact factor 3.4 compared to other journals in this field (see Exhibit 17.3).

This was just a brief example of one chapter part. We didn’t show all NIW requirements which must be demonstrated in National Interest Waiver petition letter – these were already discussed many times in our previous posts. Get inspiration for example in the post NIW recommendation letter sample . You may follow also general tips in the article about NIW petition letter .

All important facts and arguments are summarized at the end of the NIW cover letter. It is possible that USCIS immigration officer will read only this summary so it should cover briefly all National Interest Waiver requirements here. Summary should show the best arguments and highlights of applicant’s NIW case.

Final part of NIW cover letter can thank to USCIS officer for consideration of National Interest Waiver application. Applicant shouldn’t forget to SIGN NIW petition letter!

Thank you for your time and consideration of my request.

Respectfully,

Zdenek Sverak, Ph.D.

[applicant’s signature]

Radiation Physicist Johnson’s Radiation Laboratory

NIW petition letter is like putting puzzle pieces together – trying to “build” a balanced combination of detailed explanations supported by persuasive evidence and followed by pieces of testimonies from NIW reference letters .

Complete National Interest Waiver cover letter as well as all other necessary documents were released in our NIW Do It Yourself package .

If you have another ideas and experience with writing NIW petition letter please share the information with others in comments below. Thank you!

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September 5, 2013 at 12:26 am

This is such a great help! thank you!!

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October 1, 2013 at 12:01 pm

We are glad it helps. Thank you very much for feedback!

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August 23, 2015 at 3:46 pm

I purchased your DIY kit and cannot find the cover letter within it. Can you either direct me to it or email it? Thanks. Em,

August 23, 2015 at 3:56 pm

Hi Emmanuel,

please open the file I-140.pdf and go to page 22 – there starts the cover letter.

Veronika EB2 NIW team

August 23, 2015 at 6:21 pm

Thank you so much, I found it. Can I inbox you on how to package the application?

August 23, 2015 at 7:06 pm

Sure, I am here to help you! I have just written email to you…

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April 9, 2016 at 1:39 pm

Do you have sample cover letters for people with master’s degree?

April 9, 2016 at 7:19 pm

the sample would be the same except the paragraph about degree – just omit PhD degree. That’s it. All other arguments which were used to satisfy National Interest Waiver requirements are degree independent.

Veronika Founder of EB2 NIW project

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January 9, 2024 at 9:15 pm

“All other arguments which were used to satisfy National Interest Waiver requirements are degree independent.” Do you mean that for a Masters Degree holder, there is no need to define how the person satisfy NIW requirements?

January 9, 2024 at 11:01 pm

I meant that those presented arguments that satisfy NIW requirements could be done by a person with a PhD degree but maybe also with Ms degree, it does not matter here. Those are two different things – one is having a degree and second is satisfying NIW requirements. To get NIW approval you need to have it ALL! Having advanced degree (or exceptional ability) AND at the same time satisfy ALL 3 NIW requirements. Usually, describing how the person satisfy NIW requirements is major and main part of NIW case.

Let me know if it is more clear or you have questions.

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August 31, 2016 at 12:34 pm

do you have do it yourself package for physicians ? – cover letter for physicians ? department of health letter ? do you have package especially for a physician , in speciality field like pulmonary and critical care?

September 2, 2016 at 12:19 pm

I am sorry we don’t. But even if you find some application of other physician your arguments must be specific for you and your particular job. Just keep this in mind.

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January 8, 2017 at 10:17 pm

I’m a Mechanical Engineer with 23 years experience in Oil & Gas Industry. I’ve been conducting trainning courses in a specific area. Could I justify a National Interest through training less qualified workers?

January 10, 2017 at 8:07 pm

I am not allowed to evaluate your case because I am not a lawyer. But you can send lawyers your credentials and they will tell you your chances. A lot of them are doing these evaluations for free (google “free niw evaluation”).

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February 21, 2018 at 7:29 am

I came about your site via online search. From your response to a comment you do not evaluate chances of one getting NIW. What actually do you do. The kit I read about, how much is it and how can one get it. Any testimony of people who applied/used it and became successful. Does it mean that in addition to buying the kit, I would still need an attorney? Can I apply from outside the USA for NIV. I am an engineer, worked 5 years in USA, licensed professional engineer for Texas and California, a certified automation professional, currently working in England, after the expiration of my 5year L1B work permit.

February 21, 2018 at 11:14 pm

I provide a valuable information for free here on the blog and I also wrote a book about EB2 NIW . The DIY kit is complete successful and real application helping people to build their own application. It includes the book, templates and other valuable resources. I have over 1000 clients who used this DIY kit to work on their own application without a lawyer, find testimonials of some of them here . Applying from outside USA is available through consular processing, I have several clients successful as well, check the testimonials. The advantage of buying a DIY kit is significantly lower price, currently $99, compared to legal fees (typically $5,000 – $20,000). DIY kit is available here .

Let me know if you have any other questions.

Veronika, EB2 NIW

April 11, 2018 at 7:42 am

Hi Do you think I stand a chance with ‘Can I apply from outside the USA for NIV. I am an engineer, worked 5 years in USA, licensed professional engineer for Texas and California, a certified automation professional, currently working in England, after the expiration of my 5 year L1B work permit.’ Do you think that a licensed professional engineer (not a professor, no publication, no citation), could use your kit successfully?

April 12, 2018 at 2:46 pm

people from outside USA are allowed to apply too. People with no publications can succeed. The most important thing is how do they satisfy 3 NIW requirements . try to put together your strong arguments, why it is in national interest to bring you here. I am not allowed to give you direct advice or evaluate what your chance is (only lawyers are allowed to do this). You can google “free niw evaluation” and you will find several law firms which do these initial evaluations for free. Get several opinion and you will get the idea how strong your case might be.

Veronika, Founder of EB2 NIW project

April 11, 2018 at 7:56 am

Please would I need credential evaluation for my masters degree obtained from outside USA.

April 12, 2018 at 2:55 pm

In Adjudicator’s Field Manual (22.2(j)(1)(C)) published at USCIS website is written:

In cases involving foreign degrees, ISOs may favorably consider a credentials evaluation performed by an independent credentials evaluator who has provided a credible, logical and well-documented case for such an equivalency determination that is based solely on the alien’s foreign degree(s). In addition, ISOs may accept a comparable evaluation performed by a school official who has the authority to make such determinations and is acting in his or her official capacity with the educational institution.

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March 15, 2018 at 7:48 am

Hi Veronika

It is a great help. I just need just the cover letter sample. Is it possible to get the cover letter only? Please let me know how to get it and how much I should pay for it?

March 15, 2018 at 8:28 pm

the cover letter is the core of the whole petition, it includes also quotations from all the reference letters. The rest is just support evidence. For that reason, it would not be reasonable to sell it alone (the discount wouldn’t be more than 10 percent).

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July 19, 2018 at 10:39 pm

Hi EB@ NIW team, Can I use your NIW DIY package for a Doctor of Business Administration

July 20, 2018 at 8:30 am

Hi Mohamed,

you can use it for any field you want. Even though the case show my husband (physicist) you can see a complete petition how it looks, how to write the letters, what arguments where used to satisfy the criteria, how to fill all forms, what documents to submit as evidence etc. I am sure it helps.

Veronika, founder of EB2 NIW project

July 20, 2018 at 4:59 pm

Thanks, I am going to buy it, but just I have one question. Is your email address on the Diy Kit so that I can contact you directly once I need some clarifications.

July 20, 2018 at 7:01 pm

you can definitely contact me anytime using this contact form at the bottom of this website: https://www.eb2niw.com/about/

I typically reply immediately or within couple hours. If I am on vacation, I reply every evening if possible. This is how you get my email 🙂

Just a reminder, I am not a lawyer so I am allowed to provide only general information and my own experience and you have to decide what is best for you.

July 20, 2018 at 8:57 pm

Thanks, I know that you are not a lawyer so that I will not consult you any professional issues. Just I meant if something did not work with Kit such as the link did not work, or some files did not open.

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August 17, 2020 at 7:02 am

Hello Veronika! I have few questions in case you are familiar: 1. do you know if it’s possible to submit NIW I-140 now while it is a ban? 2. I am back to my home country and taking sabbatical now. Will it affect my application?

Thank you very much for your great work. Def planning to get your get! BW Marina

August 18, 2020 at 1:48 pm

My lawyer said that they submit cases every day even in these days. People applying from abroad file I-140 through consular processing – check your local US embassy website. They don’t file I-485 (this is only for those already living in the USA).

Veronika, founder of EB2 NIW blog

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September 5, 2021 at 9:36 pm

Hi Veronika, I am writing from outside USA. I am employed as a doctoral student in Finland. My background is environmental Engineering a d my research g is related to renewable energy sources. I have submitted my eb2 niw petition about 5 months ago without any lawyer. However, I include a petition letter neither did I had my masters degree evaluated before submission. Please I want to know If that could affect my application. Thanks in advance.

September 5, 2021 at 9:38 pm

I meant I did not attach a petition letter neither did I had my masters degree evaluated before submission.

September 7, 2021 at 12:36 pm

petition letter is used to show how you satisfy NIW requirements. Unless you used something else to demonstrate how you satisfy NIW requirements, I am afraid this is a problem. Foreign degrees needs to be evaluated.

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May 6, 2022 at 7:49 pm

Wow. Just wow. This is such a great work Veronika

I do a similar job. I teach people how to come to US with a F1 visa. I have very curious about EB2-NIW process to help some of my students. I just LOVED your blog! I am definitely buying your material. I would also love to meet with you “online” to discuss digital projects. If you are interested, just email me back. Thank you! Thank you! Thank you!

May 17, 2022 at 11:21 am

thank you so much for your comment!

Regarding your students – yes NIW could be a potential future way to permanent residency. I have had several clients on F1 visas. Usually, these students has to be already extraordinary compared to their peers to be able to qualify for NIW. But it is definitely good to start soon, at least read about it and know what goals they should focus on to be able to prepare their case in the future.

Please let me know in case of any questions or ideas you wanted to talk about (I sent you an email too so we can communicate directly)

Thanks again for reaching out!

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January 5, 2023 at 11:11 pm

Hello Veronika, I would like to ask you if all the foreign degrees must be evaluated, including my degree or just the advanced degree like Msc and Phd?

January 5, 2023 at 11:28 pm

we did evaluation on foreign degrees submitted in my husband’s case (MS and PhD).

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January 18, 2023 at 4:31 am

Hi Dear all, I am Ferdous Jamal. I have done Bachelor 4 years and Master 2 year in the field of geology. my research work is on Structural Geology and Biostartigraphy. I am little bit depress for a comprehensive covering letter for EB2 NIW to prove the national interest wavier of US. Please help in this regards. thank you very much

January 18, 2023 at 1:55 pm

Hi Ferdous,

Nor me nor other non-lawyers are allowed to provide you specific advice regarding your case. Only lawyers are allowed to do this and it will cost you. However, general advice would be: try to find something specific related to your work what is above average or exceptional AND helping our country at the same time.

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February 17, 2023 at 9:53 am

Hola Verónica, es mucha utilidad y ayuda lo que haces así que de ante mano gracias. Tengo algunas preguntas referente al kit. El idioma, es en español? Tiene ejemplo de cartas para los casos de emprendimiento?, por lo menos yo soy personal de salud pero me destaco el la rama de la consultoría científica y de automatización con equipos médicos, mi interés es emprender con una empresa de consultoría y acompañamiento tanto a personal de salud como a emprendedores estadounidenses. Tu kit me puede ayudar a armar un plan estratégico ganador? Habla también de los dependientes ? es decir a demás del formulario que se llena para llevarme a mi familia por ejemplo dan más información de ello? Gracias quedo atenta.

February 17, 2023 at 10:28 am

Hi Marissa,

I am not sure if google translated correctly, I don’t speak Spanish.

The DIY kit is in English and you file the application in English as well. DIY kit includes also application for family member, it is part of I-485 petition.

Let me know if you have any questions.

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April 29, 2023 at 11:13 am

I would like to know if all the foreign degrees must be evaluated, I mean, even if it is apostilled by La Haya?

Thank you so much Daniel.

May 1, 2023 at 11:45 pm

that’s what is at USCIS website. However, I do not know if there is an exception for the case you mentioned.

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July 2, 2023 at 1:22 pm

Deseo saber si desde Cuba puedo aplicar y a través de que formularios hago la solicitud?

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September 2, 2023 at 11:04 pm

Hi! I need help! I am trying to order the DIY kit using my debit card even my credit card and the blog is not working.

September 2, 2023 at 11:10 pm

thank you for inquiry and I am sorry about the issue. Don’t worry I will help you with this. Let’s just solve it through the email directly.

Thanks again!

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September 17, 2023 at 2:54 pm

Hi, if I use this template, Do I need to re-write it in my own words? or can I use this template and fill in the blanks with the stuff specific to me?

September 18, 2023 at 5:17 pm

as far as I know there is no official requirement what words to use. We chose these to address exact requirements and show clearly to USCIS officer how we satisfied it.

It is your decision what to choose in your case.

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November 22, 2023 at 10:41 am

such an interesting information. thanks so much for this. please can we see a sample of cover letter for someone who is a business person, founded up to 3 different companies, ICT, media and entertainment and travel. Has a bachelors degree and more than 10 years work experience

November 22, 2023 at 12:47 pm

Hi Kenechukwu,

Unfortunately I don’t have a case similar to yours, I am sorry.

Let me know in case of any questions.

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November 24, 2023 at 8:34 pm

Hi my name is Jonathan I’m IT engineer I want to know it is possible send me step by step all the process, also an example cover letter for my career I will appreciate it

November 24, 2023 at 11:28 pm

Hi Jonathan,

our DIY kit includes the step-by-step intro, general information about NIW (ebook) and complete case. No matter what field you are in, you need to come with your unique story and arguments adjusted to you and your specific work. So the kit is not “copy & paste” everything. But you need to satisfy same requirements and might want to use same wording, showing how you satisfy those requirements, with your own arguments. It will show you how the letter demonstrate and support NIW related specific arguments. How to organize and write letters, what forms are needed and how to fill them, what evidence was used and what form. All of it needs adjustments regarding your specific case of course. But I believe it helps no matter what field you are in. I had many clients across the fields, not only scientists.

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January 21, 2024 at 6:26 pm

GRAN APORTE, MUY AGRADECIDO

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January 23, 2024 at 1:43 pm

Thank you, Juan!

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February 20, 2024 at 2:38 pm

BUENAS COMO ESTAN ESTOY INTERESADO EN UNA EB2 NIW SOY ARQUITECTO CON 20 AÑOS DE EXPERIENCIA COMO CONSTRUCTOR, DIRECTOR Y SUPERVISOR DE OBRAS . QUISIERA SABER SI USTEDES HACEN EL TRAMITE DE LA VISA HACIENDO EL PLAN DE NEGOCIOS Y TODO EL PROCESO DE LA VISA Y QUIERO SABER EL COSTO DE LOS MISMOS GRACIAS

February 20, 2024 at 9:50 pm

I am not sure if I understood (I do not speak your language).

I provide DIY kit for $100 which serves as an inspiration (you work on your case on your own). I am not an attorney.

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April 2, 2024 at 11:23 am

I am in IT a System Engineer, with a postgraduate degree evaluated y Wes as a Bachelor Degree in North America, is my case applicable/acceptable? please advise as I would like to waste time and money

April 2, 2024 at 1:09 pm

thank you for your inquiry! I am not allowed to do case evaluations because I am not a lawyer (only they can do it). Search internet for keyword “free niw evaluation” and you will find several lawyers who might tell you.

Hope it helps.

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May 27, 2024 at 9:24 am

Hello how are you doing I am a mechanical engineer with Bachelors degree in 1992 from home country and a masters degree from USA in 1998. I worked in USA under H1-B ( issued 3 times) visa for 5 years and have a total of more than 25 years of professional experience with approximately 10 years in higher management level ( General Manager )

Do I qualify for EB-2 with Advanced Degree Qualification

Would having H1-B issued 3 times help in this regards

Would this be necessary to submit letters of references

May 28, 2024 at 12:25 pm

thanks for the comment! The facts you mentioned are not showing how you satisfied ALL 3 NIW requirements ( please read here ). That’s why people usually use reference letters to show how they satisfy these requirements.

I am not allowed to evaluate your case, only lawyers can do that (which I am not). Please google “free niw evaluation” and reach out to them.

Hope it helps, good luck!

May 27, 2024 at 9:26 am

Do you have a sample cover letter for mechanical engineers with masters degree from USA, If yes can you kindly share it on my email address. I shall be thankful to you

May 28, 2024 at 12:29 pm

Nadim, I don’t have cover letter specifically for mechanical engineer, I am sorry. I have a complete real case of a scientist (this was my husband’s case) which served already to thousands of my clients across many fields. Your case is unique for sure, and it should be presented that way. Please do not expect just to copy everything, you will have to come up with your own arguments why YOU are special.

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Home » USCIS Cover Letter Samples: A Complete Guide

USCIS Cover Letter Samples

Sample uscis cover letter by form type.

Form I-90 | Form I-129F | Form I-130 | Form I-131 | Form I-485 | Form I-751 | Form I-765 | Form I-821D | Form N-400 | Form N-565 | Form N-600

A cover letter is an overview document that gives the USCIS officer a quick summary of what to expect in the application package. Generally, it should include an outline of the contents. In some cases, it may be a good way to communicate any special circumstances that you have.

Use each sample USCIS cover letter as an example only. You’ll need to customize it to fit your own specific situation. Although supporting documents listed in the letter may be representative of a typical case, you may need different evidence based on the way you prepared the USCIS form. Use CitizenPath to get step-by-step instructions and a checklist of supporting documents.

Form I-90 Cover Letter Sample

Form i-129f cover letter sample, form i-130 cover letter sample, form i-131 cover letter sample, form i-485 cover letter sample, form i-751 cover letter sample, form i-765 cover letter sample, form i-821d cover letter sample, form n-400 cover letter sample, form n-565 cover letter sample, form n-600 cover letter sample, tips when writing a letter.

The USCIS generally is not required when filing an immigration application or petition. However, it is recommended. A well written letter projects care and professionalism. If you present your case with pride and attention to detail, it’s more likely that a USCIS officer will notice the importance you place on the request. With this in mind:

  • Keep your cover letter short and simple;
  • Use typed English on single-sided white paper;
  • Proofread before sending.

What to Include in Your USCIS Cover Letter

Our examples are for informational purposes only. You must review and customize the letter for your specific use. In general, a USCIS cover letter should contain the following elements:

  • USCIS address
  • Date of filing
  • Subject line that identifies the relevant benefit
  • Short introductory paragraph describing the purpose of the letter
  • List of the documents in your package that support your request for the immigration benefit
  • Name and signature

USCIS sample cover letter for CitizenPath immigration

The USCIS filing fee, supporting documents, and mailing address will vary based on form and other factors. You may find this information on the USCIS website . If you’re using CitizenPath to prepare your application or petition , you’ll receive filing instructions that are customized to your situation. Our filing instructions include easy-to-follow directions and a checklist of supporting documents.

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I-140 Petition

Extraordinary ability.

There are very specific types of evidence which the United States Citizenship and Immigration Services (“USCIS”) will accept as proof of your extraordinary ability. Please keep in mind that “extraordinary ability means a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor, and therefore is not easily obtained.” The regulations require that an individual who seeks classification as a person of extraordinary ability must submit at least three of the following types of proof that you have sustained national or international acclaim and that your achievements have been recognized in your field of expertise:

  • A major internationally recognized award (e.g. Nobel Prize or Oscar);
  • Documentation of your receipt of lesser nationally or internationally recognized prizes or award for excellence in the field of endeavor;
  • Documentation of your membership in associations in the field for which classification is sought (art or architecture), which membership requires outstanding achievements of its members, as judged by recognized national or international experts in their disciplines or files;
  • Published material about you in professional or major trade publications or other major media, relating to your work in the field for which classification is sough (art or architecture). This evidence must include the title, date, and author of the material, and any necessary translations;
  • Evidence that you have participated, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought;
  • Evidence of your original artistic contributions of major significance in the fields of art or architecture;
  • Evidence of your authorship of scholarly articles in the field, in professional or major trade publications or other major media;
  • Evidence of the display of your work in at artistic exhibitions or showcases;
  • Evidence that you have performed a leading or critical role for organization or establishments that have a distinguished reputation;
  • Evidence that you have commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
  • Evidence of commercial successes in the performing arts, as shown by box office receipts, or record, cassette, compact disc or video sales.

EXCEPTIONAL ABILITY AND THE NATIONAL INTEREST WAIVER

The second preference immigrant classification also permits a person of “exceptional ability in the sciences, arts, or business” to qualify for a waiver of the job offer and labor certification requirements. “Exceptional Ability” has been defined as possessing a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. To prove your qualification for this category, we would need to show at least three of the following:

  • An official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, or other institution of learning relating to the area of exceptional ability;
  • Evidence in the form of letter(s) from current or former employer(s) showing that you have at least ten years of full-time experience in the occupation for which you are being sought;
  • A license to practice the profession or certification for a particular profession or occupation;
  • Evidence that you have commanded a salary or other remuneration for services which demonstrate exceptional ability;
  • Evidence of membership in professional associations; or
  • Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

NATIONAL INTEREST WAIVER

The most difficult part of this process, however, is the “national interest” waiver of the labor certification requirements. Congress has determined that the USCIS may waive the requirements of a job offer, and thus a labor certification, for advanced degree holders and persons of exceptional ability in business, if that waiver would be in the “national interest.” Neither Congress nor the USCIS has ever officially defined “national interest,” although recent interpretive decisions by the Administrative Appeals Unit of the USCIS, and other sources, give some guidance on what the USCIS is likely to consider “in the national interest.”

In its most authoritative decision to date on this question, the USCIS has noted several factors which may be considered in applying the national interest test to an alien of exceptional ability in business. These factors are:

  • Improving the U.S. economy;
  • Improving wages and working conditions of U.S. workers;
  • Improving education and training programs for U.S. children and under-qualified workers;
  • Improving health care;
  • Providing more affordable housing for young and/or older, poorer U.S. residents;
  • Improving the environment of the U.S. and making more productive use of natural resources; or
  • A request from an interested U.S. government agency.

The proof of the seven factors noted above varies widely depending on the occupation of the person applying for the waiver. In addition to the required forms, we would like to submit some or all of the items listed below. In addition to this evidence, we will submit a cover letter/brief summarizing the evidence and arguing why waiver of the job offer/labor certification requirement would be in the “national interest.”

Although this is a rather brief synopsis of complex process, it does convey the quality and quantity of documentation we should submit. I am sure you also understand the vagaries of the USCIS and the possibility of incorrect decisions. For this reason, we want to present USCIS with the most complete and detailed petition possible. We would also require your assistance is gathering some of the letters and information described above, as well as completing the enclosed background questionnaire.

To the extent you have any additional publications, or have any additional evidence satisfying the categories outlined above, please let me know immediately so that I can direct your effort to obtain proper documentation.

Extraordinary Ability National Interest Sample Letter

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ON LETTERHEAD OR NAME AND ADDRESS TO BE RETURNED DIRECTLY TO KUCK CASABLANCA LLC DO NOT SEND TO IMMIGRATION

Director Texas Service Center Immigration & Naturalization Service P.O. Box 152122, Dept “A” Irving, TX 75015-2122

Dear Director:

I understand that you are considering a National Interest Waiver Immigrant Visa Petition from Mr.__________. I am well acquainted with Mr. _______, as I have worked extensively with him in [DESCRIBE HOW YOU KNOW MR. _______] .

Before I address the impact of Mr. _______’s presences in the United States, a short synopsis of my own expertise and background is in order. [PLEASE INSERT A TWO TO THREE PARAGRAPH DESCRIPTION OF YOURSELF ESPECIALLY FOCUSING ON YOUR BACKGROUND IN THE AREA OF EXPERTISE, EITHER PRIVATE OR PUBLIC, AND ATTACH A RESUME TO THE LETTER.] My attached resume/biography further details my employment background and expertise.

[PLEASE INSERT A BRIEF DESCRIPTION OF THIS AREA OF EXPERTISE IN THE UNITED STATES, FOCUSING ON THE CURRENT WORK BEING DONE BY YOU THAT IS RELATED TO MR. _______’S WORK].

Mr. _______’s knowledge and understanding of [INSERT AREA OF EXPERTISE] are extremely beneficial to and needed by United States. [DESCRIBE WHO NEEDS THIS EXPERTISE AND WHY]. Without someone of Mr. _______’s background and prestige, the United States’ impact in this area will be [DESCRIBE EFFECT IF MR. _______ IS NOT GRANTED PERMANENT RESIDENCE AND IS NOT ALLOWED TO STAY IN THE U.S. ]. Mr. _______’s presence in the United States as an _________________________ will facilitate and enhance our standing and will certainly lead to [DESCRIBE PROSPECTIVE RESULTS OF MR. _______’S WORK AND WHY THAT WOULD BE HELPFUL TO THE UNITED STATES].

I appreciate your time in considering this letter. If I can be of further service, please contact me.

Very truly yours,

[NAME AND TITLE]

Extraordinary Ability Sample Letter from Colleague

ON LETTERHEAD OR NAME AND ADDRESS TO BE RETURNED DIRECTLY TO KUCK IMMIGRATION PARTNERS LLC DO NOT SEND TO IMMIGRATION

Director INS Service Center

I understand that you are considering an Extraordinary Ability Immigrant Visa Petition from ___________. I am well acquainted with _______________, as I have worked extensively with him in [DESCRIBE HOW YOU KNOW _______________] .

Before I address the impact of _______________’s work in the United States, a short synopsis of my own expertise and background is in order. [PLEASE INSERT A TWO TO THREE PARAGRAPH DESCRIPTION OF YOURSELF ESPECIALLY FOCUSING ON YOUR BACKGROUND IN THE AREA OF EXPERTISE, EITHER PRIVATE OR PUBLIC, AND ATTACH A RESUME TO THE LETTER.] My attached resume/biography further details my employment background and expertise.

[PLEASE INSERT A BRIEF DESCRIPTION OF THE CURRENT STATUS OF THIS AREA OF RESEARCH IN THE UNITED STATES, FOCUSING ON THE CURRENT RESEARCH BEING DONE BY YOURSELF THAT IS RELATED TO _______________’S WORK].

_______________’s knowledge and understanding of [INSERT AREA OF EXPERTISE] are desperately needed by United States. [DESCRIBE WHO NEEDS THIS RESEARCH EXPERTISE AND WHY]. Without someone of _______________’s background and prestige, the United States’ research in this area will be severely and negatively affected. [DESCRIBE WHY WITHOUT HIS/HER ASSISTANCE THE U.S. WOULD LOSE VALUABLE TIME AND EXPERTISE]. _______________’s presence in the United States as a researcher and scientist will facilitate and enhance our standing and will certainly lead to [DESCRIBE PROSPECTIVE RESULTS OF _______________’S WORK AND WHY THAT WOULD BE HELPFUL TO THE UNITED].

SUPPORT DOCUMENTATION FOR O-1 PETITION

A. corporate (prospective u.s. employer):.

  • Certificate and Articles of Incorporation;
  • Employer’s Federal Tax Identification Number;
  • Current annual report and/or audited financial statement, or federal corporate income tax return;
  • Any available promotional pamphlets and brochures which describe the company and its various products, service, etc;
  • A complete job description for the individual’s proposed position — including a list of all job duties; title of immediate supervisor, number and title of persons supervised, and annual salary and benefits information;
  • Full name and title of contact person at company who will coordinate paperwork and the full name and title of the company’s authorized signatory for documents; and

B. INDIVIDUAL (Foreign national seeking O-1 status):

  • Completed Immigration Questionnaire (KIP Form) and Working Visa Addendum (KIP Form);
  • Photocopies of individual’s passport and I-94 Card, and those of his/her immediate family members who will accompany him/her to the United States, all Forms I-20 or IAP-66 and copy of Employment Authorization Card, if any;
  • Individual’s resume, curriculum vitae, etc.;
  • Photocopy of individual’s university or trade school diplomas and certificates, and course transcripts, if available;
  • Copies of any awards, certificates, notices or any other evidence showing extraordinary ability;
  • Reference letters from professionals confirming extraordinary ability;
  • Photocopy of individual’s professional licenses, professional society membership certificates or cards, etc, if any;
  • Any conveniently available letters, payroll records, etc. verifying individual’s prior work history.

OUTSTANDING RESEARCHERS AND PROFESSORS

The provisions governing outstanding researchers and professors were first authorized by Congress in the Immigration Act of 1990. Since that time, United States Citizenship and Immigration Service (“USCIS”) regulations and decisions have clarified the requirements of and necessary documentary evidence for proving that one is an “outstanding researcher and/or professor.” Currently, the USCIS requires you to prove your outstanding nature in your field by submitting items in at least two of the following areas:

  • Documentation of your receipt of major prizes or awards for outstanding achievement in the academic field;
  • Documentation of your membership in associations in the academic field which require outstanding achievements of their members;
  • Published material in professional publications written by others about your work in the academic field. This material must include the title, date, and author of the material and any necessary translation;
  • Evidence of your participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field;
  • Evidence of your original scientific or scholarly research contributions in the academic field; or
  • Evidence of your authorship of scholarly books or articles in scholarly journals with international circulation in the academic field.

We must also establish that you have at least three years of experience in teaching and/or research in the academic field. Experience in teaching or research while working on an advanced degree is acceptable only if you actually acquired the degree, and the teaching duties were such that you had full responsibility for the class taught, or the research conducted toward the degree has been recognized within the academic field as outstanding. Evidence of teaching and/or research experience must be in the form of letters(s) from current or former employer(s) and must include the name, address, and title of the writer, and a specific description of the duties you performed. Finally, you must also have an offer of employment for a temporary research position in your academic field.

To aid us in our assessment of whether not you meet these requirements, we ask that you complete the two attached questionnaires and return them to us with your details CV, copies of your degrees, and transcripts (unofficial is fine), with translation to English, if necessary.

(EB-2) OUTSTANDING RESEARCHERS, ADVANCED DEGREE HOLDERS, FOREIGN NATIONALS OF EXCEPTIONAL ABILITY AND NATIONAL INTEREST WAIVERS

This memo summarizes and discusses the possibility of classifying you as an outstanding researcher and the possibility of petitioning for you as an advanced degree holder or person of exceptional ability with a waiver of the labor certification requirement being in the “national interest.” Both petitions permit you to skip the labor certification process and obtain an immigrant visa. This process will be significantly less time-consuming than a regular labor certification and, of course, much less expensive.

OUTSTANDING RESEARCHERS

We must also establish that you have at least three years of experience in teaching and/or research in the academic field. Experience in teaching or research while working on an advanced degree is acceptable only if you actually acquired the degree, and the teaching duties were such that you had full responsibility for the class taught, or the research conducted toward the degree has been recognized within the academic field as outstanding. Evidence of teaching and/or research experience must be in the form of letters(s) from current or former employer(s) and must include the name, address, and title of the writer, and a specific description of the duties you performed. Finally, you must also have an offer of employment for a permanent research position in your academic field.

ADVANCED DEGREE HOLDERS, EXCEPTIONAL ABILITY ALIENS, AND THE NATIONAL INTEREST WAIVER

You may also qualify for permanent residence through two separate classifications of the employment-based second preference immigrant category. First, the “Advanced Degree Holder” classification permits persons who are members of the “professions” holding advanced degrees to seek permanent residence through either a labor certification or through a “national interest waiver” of the labor certification requirement. A “profession” is defined under immigration rules as any occupation for which a U.S. baccalaureate degree or its foreign equivalent is the usual minimum requirement for entry into the occupation. An advanced degree has been defined to be any U.S. academic or professional degree or a foreign equivalent above that of baccalaureate.

EXCEPTIONAL ABILITY

The second preference immigrant classification also permits a person of “exceptional ability in the sciences, arts, or business” to qualify for a waiver of the job offer and labor certification requirements. “Exceptional Ability” has been defined as possessing a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. To prove your qualification for this category, we would need to show at least three of the following:

The most difficult part of this process, however, is the “national interest” waiver of the labor certification requirements. Congress has determined that the USCIS may waive the requirements of a job offer, and thus a labor certification, for advanced degree holders and persons of exceptional ability in business, if that waiver would be in the “national interest.” Neither Congress nor the USCIS has ever officially defined “national interest,” although recent interpretive decisions by the Administrative Appeals Unit of the USCIS, and other sources, give some guidance on what the USCIS is likely to consider “in the national interest.”

The proof of the seven factors noted above varies widely depending on the occupation of the person applying for the waiver. In addition to the required forms, we would like to submit some or all of the following items in your case:

  • Letters from prominent individuals within your research area describing the need for your continued services in this research area;
  • U.S. government policy statements on the national interest area (we will obtain these);
  • Letters from other respected persons in the field recognizing your abilities in your field (preferably former colleagues); and
  • A letter from U.S. University professors or researchers describing your abilities, and the need for your research services in the United States (attached is a sample letter).

Although this memo is a rather brief synopsis of complex process, it does convey the quality and quantity of documentation we should submit. We are sure you also understand the vagaries of the USCIS and the possibility of incorrect decisions. For this reason, we want to present USCIS with the most complete and detailed petition possible. We would also require your assistance is gathering some of the letters and information described above, as well as completing the enclosed background questionnaire.

Please send to us the documentation verifying those criteria that you satisfy, including copies of all articles about you and your work published in journals from the academic field; evidence of your own scholarly research; copies of any documents verifying awards you may have won or received; copies of all article(s) you may have written (we have the English language articles), your curriculum vitae, and several letters of reference. Attached is a sample letter for you to use in obtaining references from colleagues in your field. You should plan on obtaining at least five to seven of these letters.

Outstanding Researcher Sample Support Letter

ON LETTERHEAD OR NAME AND ADDRESS TO BE RETURNED DIRECTLY TO KUCK IMMIGRATION DO NOT SEND TO IMMIGRATION

Director Texas Service Center Immigration & Naturalization Service Mesquite, TX

I understand that you are considering an Outstanding Researcher Immigrant Visa Petition from Dr. [NAME]. I am well acquainted with Dr. [NAME], as I have worked extensively with him in [DESCRIBE HOW YOU KNOW Dr. [NAME] .

Before I address the impact of Dr. [NAME] presence in the United States, a short synopsis of my own expertise and background is in order. [PLEASE INSERT A TWO TO THREE PARAGRAPH DESCRIPTION OF YOURSELF ESPECIALLY FOCUSING ON YOUR BACKGROUND IN THE AREA OF EXPERTISE, EITHER PRIVATE OR PUBLIC, AND ATTACH A RESUME TO THE LETTER.] My attached resume/biography further details my employment background and expertise.

[PLEASE INSERT A BRIEF DESCRIPTION OF THE CURRENT STATUS OF THIS FIELD IN THE UNITED STATES, FOCUSING ON THE CURRENT WORK BEING DONE BY YOU THAT IS RELATED TO Dr. [NAME] WORK].

Dr. NAME’s knowledge and understanding of [INSERT AREA OF EXPERTISE] would be a great blessing to the United States. [DESCRIBE WHO NEEDS THIS EXPERTISE AND WHY]. Without someone of Dr. NAME’s background and prestige, the United States’ impact in this area will be [DESCRIBE EFFECT IF DR. [NAME] IS NOT ALLOWED TO REMAIN iN THE U.S. ]. Dr. NAME’s presence in the United States as an [IDENTIFY AREA OF EXPERTISE] will facilitate and enhance our standing and will certainly lead to [DESCRIBE PROSPECTIVE RESULTS OF Dr. NAME’S WORK AND WHY THAT WOULD BE HELPFUL TO THE UNITED STATES].

EB-1 Sample Support Letter

I understand that you are considering an Extraordinary Ability Immigrant Visa Petition from Dr. [NAME]. I am well acquainted with Dr. [NAME], as I have worked extensively with him in [DESCRIBE HOW YOU KNOW Dr. [NAME] .

Dr. NAME’s knowledge and understanding of [INSERT AREA OF EXPERTISE] would be a great blessing to the United States. [DESCRIBE WHO NEEDS THIS EXPERTISE AND WHY]. Without someone of Dr. NAME’s background and prestige, the United States’ impact in this area will be [DESCRIBE EFFECT IF Dr. [NAME] IS NOT ALLOWED TO ENTER IN THE U.S. ]. Dr. NAME’s presence in the United States as an [IDENTIFY AREA OF EXPERTISE] will facilitate and enhance our standing and will certainly lead to [DESCRIBE PROSPECTIVE RESULTS OF Dr. NAME’S WORK AND WHY THAT WOULD BE HELPFUL TO THE UNITED STATES].

SUPPORT DOCUMENTATION FOR I-140 IMMIGRANT PETITION AND THE I-485 APPLICATION TO ADJUST STATUS

From the petitioning u.s. company:.

  • Photocopies of the U.S. company’s 2008 Federal Income Tax Returns or Financial Statements
  • Name, title and address of U.S. company’s signatory for the immigration forms
  • Current number of employees at U.S. company
  • Confirmation of foreign national’s job title
  • Confirmation of foreign national’s job description
  • Confirmation of foreign national’s annual salary
  • Confirmation of foreign national’s work address
  • Organizational chart showing foreign national’s position with the U.S. company. The chart should provide the individual’s name and title, the supervisor’s name and title, and any direct subordinate(s)’ name(s) and title(s)
  • Photocopy of U.S. company’s business lease

FROM THE FOREIGN COMPANY:

  • Organizational chart showing foreign national’s previous position with foreign company prior to transfer. The chart should provide the individual’s name and title, the supervisor’s name and title, and any direct subordinate(s)’ name(s) and title(s)
  • Photocopies of the foreign company’s 2008 Tax Returns or Financial Statements
  • Current number of employees at foreign company
  • Photocopies of documents evidencing relationship between U.S. company and foreign company

FROM THE FOREIGN NATIONAL AND FAMILY MEMBERS:

  • Completed Immigration Questionnaire for each applicant (please see email for link). It is important that all questions are answered completely and legibly. The answers you provide will be used to complete the immigration forms for your application.

We specifically need to know your address for the last 5 years (with dates), full names and biographical information for immediate family members (spouses, children, parents), whether you/your spouse have been previously married, whether you or any of your family members have been arrested for ANY reason

  • Photocopies of all passport pages, visas, and front and back of Form I-94 card (white card received at the airport) for each applicant
  • Photocopies of all Form I-797 (Notice of Actions) or Form I-20 Student evidencing past visa status in the United States for each applicant
  • Photocopies of long-form/unabridged birth certificates with certified English translation for each applicant
  • If you have been arrested for any reason (including traffic offenses) – please obtain court-certified documents of the arrest and disposition and immediately notify our office by phone/email and send us copies by mail. Failure to do so may affect the processing of your case;
  • your Federal Income Tax Returns and W-2 Forms for the last 3 years;
  • Photocopies of marriage certificates with certified English translation; and
  • Photocopies of termination decrees for past marriages with certified English translation, if applicable
  • 6 passport photos for each applicant (see enclosed Specification Sheet for more information);
  • Sealed Medical Examination Results from one of the Immigration-approved Physicians listed on the enclosed sheet. Each applicant will need to make an appointment with one of the doctors listed, and take the Form I-693 and Supplement Form for the doctor to complete. We will provide the Form and Supplement to you when we mail all forms for signature. The doctor will also have this available at their office. Please do not open the envelope . We will submit the sealed envelope together with the requested forms and supporting documentation. For a list of approved physicians near you, please visit the CIS website at https://www.uscis.gov/tools/find-a-civil-surgeon ;
  • Checks or money orders payable to U.S. CITIZENSHIP AND IMMIGRATION SERVICE to cover the applicable immigration filing fees.

If you would like further information about specific case scenarios or situations, please call our office or email us at [email protected] to speak to one of experienced immigration attorneys.

IMMIGRATION PROCESSES

Recruitment:.

The labor certification is the first in a three step process to becoming a legal permanent resident that involves both the Department of Labor (“DOL”) and the United States Citizenship and Immigration Services (“USCIS”). The law requires that you continue to be employed by your current employer throughout all three steps of this process for the granting of legal permanent residency to be valid. If you leave your employer or make a significant job change with the same employer, the process must be started all over again.

The law requires that your employer file a labor certification application on your behalf with the DOL. That application must satisfy the DOL that there are no minimally qualified U.S. workers who could perform your job, as it existed when you began your employment with your employer. To satisfy these requirements, our preparation of the labor certification will focus on 4 areas:

  • The skills necessary to perform your job
  • How you acquired those skills prior to joining your current employer
  • How your employer recruited for your position
  • Whether there were any qualified applicants for your position

Recruitment Efforts and Results for your Position

While the DOL looks to your original date of hire for some purposes, it looks to the date of the filing of the labor certification for others, including the recruitment requirement. Initially, the DOL does not require that your employer show recruitment for your position at the time of your initial hire, because you were hired as an H-1B temporary worker. Now that your employer has decided to pursue a labor certification for you, the DOL considers that a “real” position for which U.S. workers should be considered.

Labor certifications can be filed via the “regular” process or the “Reduction in Recruitment” (“RIR”) Process. The regular process requires that we submit an application to the State Employment Services Agency (“SESA”) of the DOL and wait for instructions regarding where and when to place a very specific advertisement for your position. The DOL then receives the resumes submitted in response to this ad and forwards them to your employer for review. Your employer then submits the results of this review to the SESA. If the SESA is satisfied that there were no available and qualified U.S. workers, then the SESA will forward the application to the regional office of the DOL for processing

The RIR process allows your employer to avoid having the DOL provide very specific recruitment instructions. Instead, your employer submits proof of its recruitment efforts for your position, and the results of those efforts to the SESA at the same time it files your application. If the SESA is satisfied, it will forward the application to the regional office for processing.

In order to take advantage of the RIR process , your employer must submit proof of advertising for your position during the six months prior to filing your labor certification. This proof must include print ads, internet ads and an internal posting for 10 business days.

Finally, once recruitment is conducted, your employer will review resumes to determine if any of them should be reviewed by your manager. BY LAW YOU ARE NOT PERMITTED TO PARTICIPATE IN THIS PART OF THE PROCESS. If no qualified applicants are identified, we will file the application with the SESA.

I-140 IMMIGRANT PETITION BASED ON LABOR CERTIFICATION

Once your labor certification is approved, your employer must file an I-140 immigrant petition for you with the USCIS. This can be done once the labor certification is approved, regardless of your country of birth or your level of education or experience. The USCIS will classify you in the “second” or “third” preference category. In most cases, if your position requires a Masters Degree or a BS plus 5 or more years experience of progressive related experience, and you possess that level of education and/or experience, you will be placed in the 2nd preference category. If your position requires less than this level of education or experience, you will be placed in the 3rd preference category. Your preference category, country of birth and date of filing your labor certification (“priority date”) will determine when you can file your adjustment of status application.

I-140 OUTSTANDING RESEARCHER/PROFESSOR

  • Three Years of Research Experience Prior to the Date of Filing the Petition
  • Holding Research Position with Employer
  • Documentation of the foreign national’s receipt of major prizes or awards for outstanding achievement in the academic field
  • Documentation of the foreign national’s membership in associations in the academic field which require outstanding achievements of their members
  • Published material in professional publications written by others about the foreign national’s work in the academic field
  • Evidence of the foreign national’s participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field
  • Evidence of the foreign national’s original scientific or scholarly research contributions to the academic field
  • Evidence of the foreign national’s authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field

SUPPORT DOCUMENTATION FOR THE I-140 IMMIGRANT PETITION

From the petitioning company:.

  • Photocopies of most recent Annual Report or Financial Statements;
  • Federal Tax I.D. Number (EIN);
  • Name, title and address of company’s signatory for the immigration forms;
  • Name and address of company’s headquarters;
  • Year, city and state company was established;
  • Current number of employees;
  • Confirmation of foreign national’s annual salary;
  • Confirmation of foreign national’s work address;
  • Photocopies of company’s marketing brochures, certificate and articles of incorporation, etc.;
  • Check payable to US CITIZENSHIP AND IMMIGRATION SERVICES to cover the applicable filing fee.

FROM THE FOREIGN NATIONAL:

  • Your U.S. Address and telephone number;
  • Full name, date of birth, and country of birth of spouse and children, if applicable;
  • Photocopies of all passport pages, visas, and front and back of Form I-94 card (white card received at the airport);
  • Photocopies of all Form I-797 (Notice of Actions) or Form I-20 Student evidencing past visa status in the United States;
  • Photocopies of W-2 forms with Petitioner since the year the Labor Certification was filed;
  • Photocopies of this month’s pay statements with Petitioner;
  • Signed letter from previous employer(s) evidencing employment to show you meet the requirements listed on the Form ETA-9089;
  • Completed Immigration Questionnaire for each applicant (form attached). It is important that all questions are answered completely and legibly. The answers you provide will be used to complete the immigration forms for your application. We specifically need to know your address for the last 5 years (with dates), full names and biographical information for immediate family members (spouses, children, parents), whether you/your spouse have been previously married, whether you or any of your family members have been arrested for ANY reason;
  • Photocopies of all passport pages, visas, and front and back of Form I-94 card (white card received at the airport) for each applicant;
  • Photocopies of all Form I-797 (Notice of Actions) or Form I-20 Student evidencing past visa status in the United States for each applicant;
  • Photocopies of long-form birth certificates with certified English translation for each applicant;
  • Your Federal Income Tax Returns and W-2 Forms for the last 3 years;
  • Photocopies of marriage certificates with certified English translation;
  • 6 passport photos for each applicant;

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  • Adjustment of Status
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  • E-1/E-2 (Treaty Trader/Treaty Investor) Status
  • The EB-5 Immigrant Investment Visa
  • Labor Certification (PERM) Process
  • H-1B Status
  • What You Need to Know for H-1B Fiscal Year 2025 and When to File
  • “P” Visas for Athletes and Performers
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  • Biden Spouse Parole Program
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EB2 NIW Info

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 the post about EB-2 NIW processing time  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.

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.

What language to use in a 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 in an effective way:

  • Letter Introduction – very short summary of each section in the cover letter
  • Table of Contents – an index with page numbers
  • Chapter 1: Advanced Degree or Exception Ability Section
  • Chapter 2: Substantial Merit and National Importance
  • Chapter 3: I am Well Positioned to advance the proposed endeavor
  • Chapter 4: It would be beneficial to the USA to waive the Labor Certification
  • Petitioner’s nonimmigrant status
  • Petitioner’s dependents status
  • 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:

  • USCIS address (check the right USCIS address in the  official website )
  • 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, 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.

2. Table of Contents

The table of contents is exactly what the name suggests: and index with Chapter titles and subsections with page numbers.

3. Chapter 1 – Advanced Degree or Exceptional 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 three) categories that you meet. For each of them, remember to refer to the appropriate Exhibit containing the evidence. This evidence may be Letters of Recommendation, educational degrees, or proof of membership in professional associations, to name a few.

You can finish this 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! We covered this in a separate  blog post about how to qualify for National Interest Waiver.

You should start this 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 from documents from the US government. Typically, you want to demonstrate National Importance using published documents from Congress, or 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. This makes your case very strong!  In the post about how to qualify for NIW I gave a few links that may be useful   for this. Alternatively, you can also find references in the scientific literature that speak to the dimensions of a certain problem you can help solve. Finally, excerpts from reference letters can help bring these points home.

Example from sample EB2 NIW cover letter

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If you need step-by-step guidance, I will provide a series of video lessons that cover how to qualify for the 3 prongs, how to write a solid cover letter, recommendation letters, professional plan, how to fill out forms... And you will get my own successful I-140 petition and adjustment of status package!

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 in a methodical way 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 were sub-headings 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.
  • 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.
  • 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.
  • 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 Department of Labor, for similar positions. Additionally, you can use other sources of information.
  • Conclusions to Chapter 3 . A short statement reiterating that you are well-positioned to advance the proposed endeavor.

For this chapter, you can include a Personal Statement letter  as an Exhibit. Alternatively,  if you are an entrepreneur, you may provide a Business Plan ( you can find examples here ).   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). We will cover Personal Statements in a different blog post. But until then, you should know that 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.  

Download EB2 NIW petition

Want to see a real EB2 NIW cover letter?

If you want to get more value than just a sample cover letter, download a full EB-2 NIW application that includes a REAL 22-page cover letter. You can use this as a reference for your own DIY petition!

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 refer to a EB2 NIW Personal Statement letter or a business plan , to help argue the need for waiving the labor certification.

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 status

Even though the I-140 petition is centered 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 their documentation is.

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  Grammarly . They have a free plan that integrates well in apps like Microsoft Word. Additionally, you can upgrade to a paid plan for extra functionalities. In addition to using this type of tool, you may share your cover letter with a friend or colleague to get a second review. 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 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 blog post 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 on 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.

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44 thoughts on “EB2 NIW cover letter : what it is and how to prepare one”

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Hi, my name is Jorge, I’m from Brazil. I’m not a researcher, I’m in the electrical engineering field. Do I have any chance? For me the costs are very high, even doing the process alone. Can your WORD document help me? Is there a cheaper option to get this document? can you send me a sample? Thank you very much if you can help me.

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Hi Jorge, You need to review the requirements carefully and decide. I am not a lawyer so I cannot give you that type of advice. I have written other posts about qualifications ( https://eb2niw.info/2022/06/16/how-to-qualify-for-national-interest-waiver/ ) that may help you think about your case. Generally, you have to see if you can qualify for EB-2 (so advanced degree or exceptional ability), but then you need to make sure you can argue the substantial merit and national importance aspects of the NIW. This will vary case to case depending on your background.

I think my package can help you because you can see how I argued my case. Unfortunately this is the only material I offer as of now. I am working on additional materials to guide you through the preparation process but it is going to take a few more weeks. Thanks, Oscar

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Your information has been very helpful to me, and I decided to do the process without a lawyer. I have a few questions about the cover letter: where should include the I-140 form? and should include my CV or just use it as reference? When I prepare the package, I will be sending you for review,

Thanks, Vivian

Thanks for the feedback! The I-140 form, and the form ETA-9089 in duplicate I included first thing in the package, with a cover page of their own. You can see the structure in this other article https://eb2niw.info/2022/08/05/%e2%96%b7-how-to-assemble-the-i-140-petition-for-eb2-niw-eb2niw-info/ . And of course, if you go to the Downloads section you will be able to see my petition exactly how I submitted it to USCIS. I did attach my CV as an Exhibit and I referred to it if needed in the cover letter.

I will gladly review your petition once prepared, you can use the form in “Services” once you are ready. Good luck!

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Hello Oscar, a query, scientific articles are deven append complete to the application?, I say it because they are voluminous documents

I added mine but USCIS only requires you to add the first page where the author list is shown

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I am very happy to see this.I am working on my EB-2 green card application and would like to submit it this September. I would be happy to send it to you for review after I am done.Your information has been very helpful to me

Hi Paulina, happy to hear this! Please keep me posted on your progress. Good luck

Thank you very much for the investment of time and effort you have made in this material, it is of great help, very complete and orderly, it is difficult to find quality information on the subject, a question? Should I understand that the proposed endeavor is contained in the cover letter?

Thank you for your kind comments Carolina. I am glad if it helps others!

You are right, the proposed endeavor should be contained in the cover letter. If you wanted, you can have that as a separate section. In my case, I just spelled out the proposed endeavor in the introduction of the section “Substantial Merit and National Importance”, and then, of course, I repeated it throughout the cover letter. You can see this if you choose to download my own petition on the Downloads Section of the website. Thanks!

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Hi Oscar It’s me Sadia from Pakistan I am a science student having 18 years qualification. 8 years experience. Can you send me sample for petition. Your email address????

You can download it in the Downloads section. Thanks

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Hi Oscar, Soy ingerniero electronico y compre tu DIY package, la verdad ha sido de gran guia en este proceso de la EB2 NIW, primero que nada quiero agradecerte por hacer este aporte alcanzable para todos. Segundo, tengo una pregunta en tu documentacion: Exhibit 9. Relevance of research for the US National Interest, esta informacion es una investigacion que hiciste en las diferentes fuentes de internet para demostrar que tu profesion es de interes en EEUU??

Hola Rebeca, muchas gracias por tus palabras. Me alegro que sea de ayuda!

Respecto a tu pregunta: si, correcto. Como parte del primer prong del Matter of Dhanasar tienes que probar que tu endeavor tiene mérito substancial y beneficia a los Estados Unidos. Entonces tienes que buscar pruebas de que el gobierno, congreso, agencias gubernamentales, etc están claramente decididos a solventar el problema que tú puedes ayudar a mejorar, o hay medidas que quieren llevar a cabo en tu área de experiencia. Cuánto más oficiales sean esas fuentes, más fuertes son como pruebas para tu petición. Luego si miras la cover letter, me refieron a ellas cuando justifico el National Importance.

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Hola tengo una consulta, es posible pagar premiun processing fee para la EB-2 NIW?

Hola, aún no para todo el mundo, solo para casos ya pendientes. Puedes leer más aquí https://eb2niw.info/2022/09/19/uscis-expands-premium-processing-for-eb2-niw-further/

Gracias Oscar. Estoy empezando el proceso EB-2 y me han dicho que si es posible pagarlo, es un proceso nuevo basado en habilidades excepcionales y advance degrees.

Hola Fernando. El EB-2 NIW no es un proceso nuevo, lleva muchos años vigente. Lo que es nuevo es que están añadiendo la opción de Premium Processing para esta categoría. Lo que pasa es que lo hacen de forma progresiva y aún no está totalmente implementada, tal y como se explica en el enlace que te proporcioné. Saludos

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Hola Oscar, Excelente material y gracias por compartir. Una consulta: ¿los exhibits de las cartas de recomendación son las originales?

Hola Carlos, No entiendo tu pregunta. Te refieres a si debes poner la carta original como Exhibit? Si es el caso, no hace falta, puedes poner una copia con tal de que tenga firma.

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Is a personal letter different from a cover letter? Does the Introduction means a personal letter and then prepare the cover letter (description) for each chapter and annex ahead of that chapter?

I do not understand your questions. If you sign up for the online course I am sure you will understand it better. Good luck!

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What’s better, I write the cover letter in first or third person?

I did it in first

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I worked as a pharmacist in pharmaceutical companies in Pakistan and have 5 years of Experience in the production and manufacturing of medicine, that is the main domain in which I have worked. So I need your guidance regarding the subject. I want to know how many chances there are that they will approve my case.

I don’t provide this kind of guidance here, and I never guive a % chance . You need to learn about the green card category so you can understand if you can make a good case for yourself. This website has a lot of tools for you to do that!

could you please tell me is it necessary to submit 9089 form and all its annexures with petition i-140?

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I am Naturalised Swedish Citizen from 2020 and my country of Birth is India.Have a Phd and 20 years experience in IT . Was Wondering if i apply for EB2 NIW , would my country of citizenship be considered or country of birth? Also, can you pls shed some light on what would be turnaround time for India, Sweden applicants.

TYIA Regards

No, your country of birth is what matters for green card processes. For EB2 there’s more than a decade of backlog for India.

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I have a Bachelor degree in manufacturing engineering and a Master degree in solar energy engineering & commercialization. After I graduated, I’ve worked for solar energy field for 2 years and medical device field for 4 years. I am just wondering if I can use both work fields for I-140 application since I have achievements in both fields. It’s kind of confusing because I-140 form only let me to fill in one single “job title“, which is not easy for me to choose. Does it matter if my master degree (solar energy) is not related to my current job title as ” medical device regulatory affairs” ? Looking forward to hear from you.

Thanks, Jarvis

Hi Jarvis, this is what the policy manual says: “A U.S. baccalaureate degree or a foreign equivalent degree followed by at least 5 years of progressive experience in the specialty is considered the equivalent of a master’s degree”

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Hi Oscar, Thanks for your YouTube and website information for EB2-NIW. I followed the the instructions. My application using premium processing was approved in 7days! Thanks so much I currently do business plan for EB2-NIW at reduced fees. If you know anyone in need of this service. Contact me at [email protected] . Thanks

Hi Oluwatoyin! Congratulations and thanks a lot for letting me know!

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Hi If someone is applying from abroad, what should be included in the petitioner’s non-immigrant status? Passport or anything?

It’s always wise to state you are not in the USA and provide copy of passport (and derivatives). This is the kind of stuff you can learn in my course 🙂

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Hi Oscar, I am Industrial Engineer with more thatn 14 years of experience in differents industries, I own Bachelor and master degree from abroad, the master is acreditted by ACBSP and both passed the US equivalente from wolrd education service (WES) in 2016. I am currently living at USA with my family and I’ve been toying about the idea of filing the EB2-INW.

I can support peers recomendations letter regarding achivements in my profession, projects work experience and perhasp comply with requirements stablished. I am not sure about how to justify “Substantial Merit and National Importance”. Do you thinkg that by buyin your guide documents i can better understand and light me up with the pursepose.

Warm Regards, Hm

Hi Henry, what I recommend in these cases is to go for the EB2 NIW online course (link at the bottom and the top of this page), because you will get all the downloadable materials (my own petition) plus 10 modules full of video lectures explaining each part of the process and how to write. Good luck!

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Hello , i need to your cover lettter can you assit me ..

You can download it in “Downloads” and it is also included in my online course

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Thank you for great information!

I am wondering if I need to write my petition in the third-person point of view or I can use the first-person?

Best, Mohammad

I prefer first but both are fine

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Hello Oskar, I am not a university graduate. I have been working in the same company in the passenger aircraft maintenance sector for 25 years. I have been a certifying staff in domestic and international (1 year in the USA) projects. For the eb2nıw application process, would it be beneficial if I add the vocational training documents I have received in and out of the company, certificates of achievement and magazine publications related to works outside my professional life, in addition to my total 20-year US immigrant visa and 5-year expired E2 visas to the file?

Hi Kadir, I don´t provide individualized assistance. There are many types of documents you can attach in the application. You need to check out the Exceptional Ability route to see if you can qualify. Once you decide that, you may choose to enroll in our course to learn how to do this

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Hi Oscer, What do you think about the use of Highlighter present in the pdf files? Don’t you think, it would be very difficult for USCIS officer to search the quote from the page? What else can be done to guide the officer to right place? Do you think it is the better idea to place mark like arrow or commas with pen on the hard copy?

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