[Green Card] EB-2 NIW National Interest Waiver Application (7) Assembling NIW I-140 Petition Package

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Disclaimer.

The content provided in this article is based on personal experience and is for public information purposes only, and it does not constitute legal advice. The information presented herein should not be considered a substitute for professional legal guidance. Immigration laws and regulations are subject to change and vary depending on individual circumstances. For comprehensive and up-to-date legal assistance, it is recommended that you consult a qualified immigration lawyer. The author of this article assumes no responsibility for any action taken or not taken based on the information provided herein.

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It's finally time for the seventh article on applying for teaching! This week's hours are more than 60 hours, and it hasn't been that long since I was hired in 2020 and left in June. If it weren't for the fact that I was currently unemployed, this series of educational articles would have been delayed much later.

(1) List of documents

A. Forms, Checks, and Nonimmigrant Identification

1. If you only file Form I-140 and are willing to wait for it to be processed, just file a $700 check.
2. (Optional) If you want Premium Processing and request a judgment within 45 calendar days, pay an additional check for $2,500. Remember, keep the check separate from the previous item.
3. (Optional) If you want Premium Processing, you can file Form I-907 for expedited processing at the same time.
4. (Optional) G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, if you are represented. But the lawyer has to prepare, so you just need to make sure that the lawyer hasn't forgotten and don't worry about the rest.
   
5. Form I-140, there is a lot of teaching on the Internet, so I won't go into detail here.
6. ETA-750 or ETA-9089. At the moment, you can do both.
7. A copy of your passport.
8. COPIES OF VISA AND OTHER IDENTITY-RELATED DOCUMENTS. When I transfer from F-1 to B-2, I need to attach the relevant documents of these two identities to prove that your detention is lawful. For example, STEM OPT and OPT-related EADs must also be accompanied by a photocopy, and finally, of course, the immigration record I-94 must be attached.
9. Exhibit list.

The following is a list for you to check if your application package is missing.

B. Supporting Exhibits

Here, my lawyer divides all supporting documents into five categories, which are listed below.

• Exhibit 1: Attorney Letter in Support of National Interest Waiver Eligibility
• Exhibit 2: Introductory Evidence RE: Mr. ShihHsing (Steve) Chen
• Exhibit 3: Evidence that the Foreign National's Proposed Endeavor Has Both Substantial Merit and National Importance (NIW Criteria #1)
  
• Exhibit 4: Evidence that the Foreign National is Well-Positioned to Advance the Proposed Endeavor (NIW Criteria #2)
  
• Exhibit 5: Proof that, on Balance, it Would be Beneficial to the United States to Waive the Requirements of A Job Offer and thus of a Labor Certification (NIW Criteria #3)
  

The following dismantles each part, and the author will analyze them one by one.

(2) Exhibit 1: Attorney Letter in Support of National Interest Waiver Eligibility

If you were applying on your own, there would be no such chapter. If you have a lawyer to work with, this chapter is the lawyer's responsibility to write. Of course, applicants will also participate in pre-assignments to help lawyers understand your professional background. At the beginning, I wrote a 22-page cover letter and sent it to the lawyer, so that the other party could quickly and comprehensively understand my situation. So there was no additional video discussion, and the firm completed the first draft.

In addition, inserting some pictures at the right time, in the right place, and in the right amount can help the reviewer understand your case, which I didn't think about at the beginning, so my Cover Letter is just plain text, which is relatively boring to read.

(3) Exhibit 2: Introductory Evidence RE: Mr. ShihHsing (Steve) Chen

To explain first, RE: refers to Regarding, not Reply. This matter has been bothering me for a long time, and I didn't understand it until recently. Like XING in the picture below, do you know what it means? It took me a few months to come up with it, and I was affected by the pinyin of Dalu before, and I thought it was the pinyin of "line", after all, there was a classmate surnamed XING in the institute.

Photo by Kindel Media

The lawyer here asked me for the following information, which is actually what I mentioned in the cover letter. But there is no basis for words, and evidence must be presented.

1. Updated resume
2. Graduate school diploma and transcript
3. University diploma and transcripts
4. Luo Jialun Memorial Scholarship Award Notification Letter and Related Publicity (Not Du Congming Scholarship!) ）
5. Institute Rankings. Taken from SCImago instead of the usual US NEWS or QS, but it should be okay to choose one of the three.
6. Certificate. Certificates obtained from training and certificates obtained from exams can be put in.

(iv) Exhibit 3: Evidence that the Foreign National's Proposed Endeavor Has Both Substantial Merit and National Importance (NIW Criteria #1).

Here is the Cover Letter and the Letter of Recommendation prepared by the author. Official documents cited in this case, such as executive orders of the President of the United States and proclamations of the federal government, will also be added.

Cover Letter

Also, a thoughtful applicant, of course, will remember to use a highlighter to highlight the paragraphs of the executive order and government announcement we quoted, and use your time to reduce the effort required by the reviewers, and the standards will become more relaxed when you are in a good mood, don't you think it's too cost-effective?

(5) Exhibit 4: Evidence that the Foreign National is Well-Positioned to Advance the Proposed Endeavor (NIW Criteria #2).

Here you can directly use the USCIS review criteria for NIW green cards as a starting point, and save the webpage as a PDF file. For readers who are unclear about the review criteria, the author discusses their standards in detail in the following two articles.

[Apply for a Green Card] EB-2 NIW National Interest Waiver Green Card Application Tutorial (2) Read the Official Application Conditions—1 

[Apply for a Green Card] EB-2 NIW National Interest Waiver Green Card Application Instruction (3) Read the Official Application Conditions—2

And because the author mentioned his portfolio in his resume and cover letter, the lawyer chose to put him under this project as proof that the applicant has sufficient ability.

At the same time, readers can compare your earnings to the salary in the region for that occupational category, and if you're in the top 10%, congratulations, it's also a recognition of your ability, and you can put that data in. At the beginning, the lawyer put it in Exhibit 3 because the author mentioned the salary in the cover letter, otherwise the attribute should be biased to Exhibit 4. The following screenshot is used as an example.

By the way, the author has uploaded a series of NIW Green Card explainer videos on my YouTube channel, and interested readers can pay attention to it.

 

Franky's Steve

(6) Exhibit 5: Proof that, on Balance, it Would be Beneficial to the United States to Waive the Requirements of A Job Offer and thus of a Labor Certification (NIW Criteria #3).

In [Applying for a Green Card] EB-2 NIW National Interest Waiver Green Card Application Teaching (3) Read the Official Application Requirements—2 We have mentioned specific considerations for advanced degrees in science, technology, engineering, or mathematics (STEM), and here we can also save the web page as a PDF file to start this section.

Also, remember when we mentioned O*NET OnLine in [Applying for a Green Card] EB-2 NIW National Interest Waiver Green Card Application Tutorial (4)Cover Letter—1? If your industry is growing strongly, we can use industry development estimates to enhance the strength of your application package. But remember that if the industry is only growing strongly, it is not enough to get a Nike National Interest Waiver green card! The following screenshot is for your reference.

(7) Regardless of the hero's background, the pen is still counted as short and long

After the entire application package is completed, remember to scan a copy for backup, if the courier company sends it back, print another copy and send it.

After the author's application package is completed, the total number of pages is 418 pages for your reference.

• Pages 1 to 47: Checks, Forms, ID Cards, Identification Documents to Exhibit Lists
• Page 49-60: Exhibit 1
• Page 62-98: Exhibit 2
• Pages 100 to 325: Exhibit3, of which Cover Letter is 21 pages.
• pp. 327-370: Exhibit 4
  
• pp. 372-418: Exhibit 5  

This concludes the instruction on assembling the application package.

The author also has the following articles, please advise.

• [Apply for a Green Card] EB-2 NIW National Interest Waiver Green Card Application Teaching (Zero) Terminology Explanation Petitioner vs Applicant
• [Apply for a Green Card] EB-2 NIW National Interest Waiver Green Card Application Teaching (1) Find a law firm to work with  
• [Apply for a Green Card] EB-2 NIW National Interest Waiver Green Card Application Tutorial (2) Read the Official Application Conditions—1
• [Apply for a Green Card] EB-2 NIW National Interest Waiver Green Card Application Instruction (3) Read the Official Application Conditions—2
• [Apply for a Green Card] EB-2 NIW National Interest Waiver Green Card Application Instruction (4) Writing a Cover Letter—1
• [Apply for a Green Card] EB-2 NIW National Interest Waiver Green Card Application Tutorial (5) Writing a Cover Letter—2
• [Apply for a Green Card] EB-2 NIW National Interest Waiver Green Card Application Teaching (6) Writing a Letter of Recommendation
• [Apply for a Green Card] EB-2 NIW National Interest Waiver Green Card Application Instruction (7) Assembling the NIW I-140 Petition Package
  
• [Apply for a Green Card] EB-2 NIW National Interest Waiver Green Card Application Teaching (8) Consular Processing

Cited Data :

1. Matter of DHANASAR, Petitioner
   Thanks to Dr. Dhanasar's struggle, Nike's audit horizons have been broadened. So if you study NIW, you've probably seen the name Dhanasar.
2. EB2 NIW application mistakes to avoid
   
3. 8 misconceptions about EB-2 NIW green card process
   
4. Publications and citations for NIW green card
   
5. New version of ETA-9089 form
   
6. How to qualify for National Interest Waiver
   This article mentions how to find government information to support your application.
   
7. How to assemble the I-140 petition for EB2 NIW
   
8. EB-2 NIW processing time
9. EB2 NIW cover letter : what it is and how to prepare one
   
10. Personal Statement for EB2 NIW
    
11. A guide to EB2 NIW Recommendation Letters
12. The Adjustment of Status for EB2 NIW
    
13. Concurrent or separate EB2 NIW application?
    
14. Understanding Retrogression: What It Means, Why It Happens, and How to Manage It
    
15. Traveling during green card process
    
16. Guide to Consular Processing for EB2 NIW green card
17. USCIS: Recommendations for Paper Filings to Avoid Scanning Delays 
18. USCIS: Tips for Filing Forms by Mail 
    

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If this article is helpful to you, you don't need to invite me to coffee, but you are welcome to invite me to eat tofu and reduce carbon emissions together. Organic tofu is $3.49, regular tofu is $2.99. If you also like to add green onions, a handful is $1.99. Thank you!

• If you want to purchase a Cover Letter and Recommendation Letters package, you can scan the QR code below to pay $19.99 and leave an email address to get the package. I will send it to your email inbox.
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