Required
I-140
Immigrant Petition for Alien Workers. Request EB-2 classification and a National Interest Waiver; you may petition for yourself.
Open Fillvisa I-140
All applications
Build your EB-2 National Interest Waiver application
Organize your qualifications and proposed endeavor into a National Interest Waiver petition. Explore the forms and evidence for EB-2 NIW, then plan your green card application inside or outside the United States.
- Free form tools
- No signup
FIND YOUR PATH
Who is this case for?
Advanced-degree professionals and people with exceptional ability
For people who qualify for EB-2 through an advanced degree or exceptional ability and can show that waiving the job offer and labor certification requirements would be in the U.S. national interest. You may self-petition; qualifying for EB-2 alone does not establish eligibility for the waiver.
YOUR PAPERWORK, ORGANIZED
Forms Included in this Application
Start with the petition. The green card forms depend on your location, eligibility, and visa availability; not every form below applies to every applicant.
Phase 1: EB-2 NIW petition
- Required
ETA-9089 and NIW attachments
Include the completed ETA-9089, Appendix A, and signed Final Determination with your I-140, following USCIS instructions. These are submitted to USCIS for the NIW request without DOL certification; this is not a PERM labor certification application.
Get Department of Labor formsReview USCIS submission instructions - Required
Supporting evidence
Document your EB-2 qualifications and proposed endeavor. Include a clear endeavor plan and evidence of its importance, your ability to advance it, and why waiving the job offer and labor certification requirements benefits the United States.
Review NIW evidence guidance - Optional
I-907
Request premium processing for an eligible I-140 petition. This is a separate request and fee; it does not guarantee approval or make a visa number available.
Open Fillvisa I-907 - If represented
G-28
Notice of Entry of Appearance as Attorney or Accredited Representative, completed with your legal representative.
Open Fillvisa G-28
Phase 2: Choose your green card path
Inside the United States: Adjustment of status
You must be eligible to adjust status and have a visa available under the applicable USCIS filing chart. Concurrent filing with I-140 may be possible. An approved I-140 alone does not grant immigration status or work authorization.
- If adjusting status
I-485
Application to Register Permanent Residence or Adjust Status. Each eligible accompanying family member needs a separate application.
Open Fillvisa I-485 - Generally required
I-693
Report of Immigration Medical Examination and Vaccination Record, completed by a USCIS-designated civil surgeon. Follow current submission instructions.
View USCIS I-693 instructions - Optional
I-765
Apply for employment authorization based on a pending adjustment application, if eligible.
Open Fillvisa I-765 - Optional
I-131
Apply for advance parole if eligible. Review travel restrictions before leaving the United States while adjustment is pending.
View USCIS I-131 instructions
NIW applicants do not need I-485 Supplement J because they seek a waiver of the job offer requirement. Follow the I-485 instructions for financial-support requirements; I-864 is not ordinarily part of a self-petitioned NIW case.
Outside the United States: Consular processing
After petition approval, follow National Visa Center instructions as your case becomes eligible for processing. Visa availability also affects interview scheduling and issuance.
- Required for this path
DS-260
Immigrant Visa and Alien Registration Application. Complete online when instructed by the National Visa Center; each immigrating family member applies separately.
Open Department of State DS-260 - Required for this path
Civil documents
Gather passports, birth certificates, police certificates when required, and other documents requested by the National Visa Center and consulate.
Review civil document requirements - Required for this path
Medical exam and interview
Follow your embassy or consulate instructions for a panel physician exam and visa interview. This is different from the U.S. adjustment-of-status I-693 process.
Review interview preparation
Supporting filing forms
- If applicable
G-1450
Authorize credit card payment for an eligible USCIS paper filing. Use the payment method accepted for your filing.
Open Fillvisa G-1450 - If applicable
G-1650
Authorize ACH payment for an eligible USCIS paper filing. Use this only when applicable; you do not need both payment authorizations.
Open Fillvisa G-1650 - Optional
G-1145
Request acceptance notifications for eligible filings at a USCIS lockbox. Check the filing location and instructions first.
Open Fillvisa G-1145
Check current form editions, fees, filing addresses, and payment requirements before submitting. Each form and family member may have separate fees and evidence requirements. USCIS and Department of State links open official instructions where a Fillvisa tool is unavailable.
BEFORE YOU BEGIN
Basic Eligibility Requirements
First establish eligibility for EB-2, then address all three National Interest Waiver criteria. USCIS evaluates the evidence for your specific proposed endeavor.
Get StartedQualify for EB-2
Show that you are a member of the professions holding an advanced degree (or a qualifying bachelor's degree plus five years of progressive post-degree experience), or have exceptional ability in the sciences, arts, or business. Your qualifications must relate to the proposed endeavor. Exceptional ability generally requires at least three of six regulatory evidence criteria and an overall showing of expertise significantly above the ordinary level.
Substantial merit and national importance
Explain the value and potential broader impact of your specific proposed endeavor. Working in an important industry alone does not establish the national importance of your work.
Well positioned to advance the endeavor
Support your plans with relevant education, skills, experience, progress, a record of success, and interest from potential users, investors, customers, or other relevant parties. The evidence depends on your endeavor.
A waiver benefits the United States
Show that, on balance, it would benefit the United States to waive the job offer and labor certification requirements. Explain why the waiver is justified in your circumstances, beyond your underlying EB-2 qualifications.
Official guidance: USCIS EB-2 and NIW policy · I-140 instructions · Employment-based immigrant visas · Adjustment filing charts. Fillvisa provides form tools and general information, not legal advice.
TAKE THE NEXT STEP
Getting Started
Prepare your petition and evidence together. Filling out I-140 is one part of an NIW case; the supporting record must establish both EB-2 eligibility and the basis for the waiver.
Start Form I-140- 1
Define your endeavor and evidence
Describe the work you propose to pursue in the United States. Organize degree or exceptional-ability evidence, your track record, and documents addressing each NIW criterion.
- 2
Prepare your petition
Complete I-140 and the required ETA-9089 paperwork, assemble your evidence package, and check whether representation or premium processing is appropriate for your case.
- 3
Plan the green card stage
Check visa availability and your eligibility for adjustment of status or consular processing. Include separate plans and applications for eligible spouses and unmarried children under 21.