NIW Ebook

National Interest
Waiver E-book
EB2 NIW Petition How-To Guide
www.eb2niw.com
Version: 5.0
Updated 6/2020
Copyright © 2020 Veronika Vaneckova. All rights reserved

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2 | Page National Interest Waiver E-book [www.eb2niw.com]

Preface
The goal of this book is to help highly skilled professionals to prepare
their self-petition for U.S. Permanent Residency (green card) in EB-2
National Interest Waiver category (EB2 NIW).
Immigration to the USA might be extremely difficult, lengthy and expensive

journey. EB2 NIW green card application includes typically hundreds and
sometimes even thousand pages of documentation which must convince
USCIS officer that it is in National Interest of the USA to grant Permanent
Residency to the applicant. In addition, you must pay several thousands of
dollars for application fees to U.S. Citizenship and Immigration Services and
another $5,000 to $10,000 if hiring a lawyer. This book will guide you through
the whole process of preparing extensive paperwork by yourself even without
a lawyer.
We have successfully applied for NIW green card in 2013 and we decided to
share our experience – honestly, with no secrets, showing the strong points
as well as weaknesses of our case (what is better to avoid). This book contains
all useful information which we have learned when going through this
process. But you will find here much more - general knowledge suitable for
anyone and partially also practical tips. Book includes eligibility criteria and
requirements and shows how to qualify for this category. It might be used
as a step by step guide when gathering the evidence, preparing
recommendation and petition cover letters and filling required forms.
Book frequently quotes parts of the laws, regulations, precedent and other
cases’ decisions and USCIS website. This kind of information comes from
official and most trustworthy sources (such information is written in italic)
including exact references thus the latest information might be always
verified.
We hope that this book will help you in difficult and time demanding process
of obtaining U.S. Permanent Residency.

Preface................................................................................................ 3
1 Why National Interest Waiver category .............................................. 9
2 Basic eligibility criteria ................................................................... 10
2.1 Advanced Degree Professional ................................................... 10
2.2 Exceptional Ability .................................................................... 11
3 National Interest Waiver requirements ............................................. 13
3.1 Precedent DHANASAR case ........................................................ 13
3.2 Substantial Merit and National Importance .................................. 14
3.2.1 Practical examples ............................................................... 17
3.2.2 Evidence and supporting documentation ................................ 19
3.3 Well Positioned to Advance the Proposed Endeavor ....................... 19
3.3.1 Record of specific prior achievements .................................... 20
3.3.2 Influence on the field of endeavor ......................................... 21
3.3.3 Petitioner in a Significant Role .............................................. 22
3.3.4 Evidence and supporting documentation ................................ 22
3.4 Benefits to the United States ..................................................... 24
4 Letter of recommendation for NIW petition ....................................... 28
4.1 Who should write NIW reference letter ........................................ 28
4.2 How many NIW letters of recommendation .................................. 30
4.3 Style of the testimonial letter ..................................................... 30
4.4 Structure of the NIW reference letter .......................................... 31

4.5 Formulations to avoid in the NIW reference letter ......................... 35
4.6 How to organize testimonial letters within NIW petition ................. 35
4.7 NIW recommendation letter sample ............................................ 36
5 National Interest Waiver petition letter ............................................. 41
5.1 Organizing NIW cover letter in paragraphs with appropriate names 41
5.2 Easy reference guide of all evidence ........................................... 42
5.3 Quotations from recommenders and other evidence ..................... 43
5.4 Language of NIW cover letter..................................................... 43
5.5 Length of EB2 NIW petition letter ............................................... 43
5.6 Avoid in National Interest Waiver cover letter .............................. 43
5.7 EB2 NIW cover letter sample ..................................................... 44
6 Documents checklist for I-140 EB2 NIW petition ................................ 50
6.1 Forms and fee .......................................................................... 50
6.2 Petition cover letter .................................................................. 50
6.3 Recommendation letters............................................................ 50
6.4 Other supporting evidence – general tips .................................... 50
6.5 Advanced Degree, education ...................................................... 51
6.6 Evidence regarding past track of achievements and impact on field 51
6.7 Government reports ................................................................. 52
6.8 Evidence regarding current employment and nonimmigrant status of

applicant and dependents ................................................................. 53

7 Documents checklist for I-485 (National Interest Waiver) ................... 54
7.1 Can I apply to adjust status (I-485)? .......................................... 54
7.2 Petition letter ........................................................................... 54
7.3 Form I-485 (Adjustment of Status) ............................................. 54
7.4 Required fees........................................................................... 55
7.5 Initial evidence – general tips .................................................... 55
7.6 Identification documents ........................................................... 55
7.7 Evidence of Eligibility ................................................................ 55
7.8 Public Charge Rule - Form I-944 and Evidence ............................. 56
7.9 Documents regarding non-immigrant status ................................ 59
7.10 Photos .................................................................................. 59
7.11 Form I-693 (Report of Medical Examination and Vaccination Record)

60
7.12 Work Statement .................................................................... 62
7.13 Employment letter ................................................................. 62
7.14 Documents regarding dependents ............................................ 62
7.15 Form I-765 (Employment Authorization Document).................... 63
7.16 Form I-131 (Advance Parole Document) ................................... 63
8 How to organize NIW petition .......................................................... 65
8.1 Official tips and instructions from USCIS ..................................... 65
8.2 Tools we needed ...................................................................... 67

8.3 Organizing (cover pages and tabs) ............................................. 68
8.4 Punching and fastening ............................................................. 71
9 Cases, credentials ......................................................................... 73
9.1 Details from our EB2 NIW case [approved 10/2013] ..................... 73
9.1.1 Our story – how we prepared NIW petition ............................. 73
9.1.2 Credentials ......................................................................... 75
9.1.3 NIW letters of recommendation ............................................. 77
9.1.4 Evidence ............................................................................ 78
9.1.5 Size – number of pages ....................................................... 78
9.1.6 Work hours ........................................................................ 78
9.1.7 Processing time ................................................................... 78
9.1.8 Costs ................................................................................. 79
9.2 Average approved NIW case – basic credentials ........................... 80
9.2.1 Average education of EB2 NIW applicant ................................ 80
9.2.2 Number of publications ........................................................ 80
9.2.3 Number of citations ............................................................. 80
9.2.4 Number of reference letters .................................................. 81
9.2.5 Time of petition process ....................................................... 81
9.2.6 Percentage of RFEs .............................................................. 81
10 NIW DIY Kit ............................................................................... 82

1 Why National Interest Waiver category
The main advantages of National Interest Waiver (NIW) green card are:
• possible without permanent job offer from U.S. employer – self

petition (currently there are only two ways allowing to apply by
yourself: EB-2 NIW and EB-1a)
• very fast process (usually months, sometimes even weeks) – NIW
waives lengthy Labor Certification process
• EB2 NIW green card is not tied to one employer and change of the job
is possible (still need to have a job in the “national interest” area)
• working permit may be approved even sooner than green card (while I-
485 application is still pending)

2 Basic eligibility criteria
Immigration law (INA §203(b)(2)(A)) says:
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.
EB2 NIW applicant must meet ONE of two statutory requirements:
• Advanced Degree Professional OR

• Exceptional Ability
2.1 Advanced Degree Professional
Regulatory requirement (8 CFR 204.5(k)(2)) define the term 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.
And the term Profession as: any occupation for which a United States
baccalaureate degree or its foreign equivalent is the minimum requirement for
entry into the occupation.
Simply said: EB2 NIW applicant needs to have at least master’s degree or
bachelor’s degree plus five years of work experience (sometimes called
BS+5) to meet this criterion.
Majority of National Interest Waiver petitions meet easily this requirement.

Thus it is very popular by postdoctoral fellows, researchers, scientists,
scholars or sometimes even PhD students.
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Regulation (8 CFR 204.5(k)(3)(i)) further requires that petition must be
accompanied by:
An official academic record showing that the alien has an United States
advanced degree or a foreign equivalent degree; or
An official academic record showing that the alien has a United States
baccalaureate degree or a foreign equivalent degree, and evidence in the form
of letters from current or former employer(s) showing that the alien has at
least five years of progressive post-baccalaureate experience in the specialty.
Regulation (8 CFR 103.2(b)(3)) requires certified translation of degree in

foreign language:
Any document containing foreign language submitted to USCIS shall be

accompanied by a full English language translation that the translator has
certified as complete and accurate, and by the translator’s certification that
he or she is competent to translate from the foreign language into English.
Foreign degree should be also evaluated to prove required equivalent degree.

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.
In case that applicant cannot meet Advanced Degree Professional requirement

he must satisfy Exceptional Ability criterion mentioned in next chapter.
2.2 Exceptional Ability
According to regulatory requirements (8 CFR 204.5(k)(2)) Exceptional Ability

means a degree of expertise significantly above that ordinarily encountered in
the sciences, arts, or business.

At least three of the following criteria must be satisfied (8 CFR
204.5(k)(3)(ii)):
• Official academic record showing that you have a degree, diploma,

certificate, or similar award from a college, university, school, or other
institution of learning relating to your area of Exceptional Ability.
• Letters of recommendation from employers documenting at least 10
years of full-time experience in your occupation. List of recommenders
with their names, titles and organizations should be also included.
• A license to practice your profession or certification for your profession
or occupation.
• Evidence that you have commanded a salary or other remuneration
for services that demonstrates your Exceptional Ability, for example
funding for research projects, grants etc.
• Membership in a professional association(s).
• Recognition for your achievements and significant contributions to
your industry or field by your peers, government entities, professional
or business organizations – publications, citations, comments on
published works made by journal referees, invitations to conferences,
abstracts etc.
• Other comparable evidence of eligibility is also acceptable.
From above description it is obvious, that Exceptional Ability criteria may be

satisfied by wide variety of professions and it is not limited only to
postdocs, scientists, researchers or PhD students (these people usually meet
Advanced Degree criterion anyway). We have read also about cases of
engineers, entrepreneurs, movie directors, actors, painters, musicians,
dancers, writers etc. who satisfied this requirement.
Remember, that satisfying one of these two basic criteria (Advanced Degree
or Exceptional Ability) is just minimum statutory requirement, and it is not
sufficient to qualify for National Interest Waiver. In addition, there are
another three NIW requirements (much harder to satisfy) which ALL must be
met! These rules are discussed in details in the next chapter.

3 National Interest Waiver requirements
Basic eligibility criteria mentioned in previous chapter are usually easily met
unlike National Interest Waiver requirements. Satisfying these NIW
requirements is considered as a main goal of every successful NIW petition
and applicant should focus on them very carefully.
EACH of the following three NIW requirements must be proven by proper and
convincing evidence.
USCIS may grant a national interest waiver if the petitioner demonstrates:
1. that the foreign national’s proposed endeavor has both substantial

merit and national importance;
2. that he or she is well positioned to advance the proposed
endeavor; and
3. that, on balance, it would be beneficial to the United States to waive
the job offer and labor certification requirements.
These rules were established recently by case Matter of Dhanasar. This is the
most important part of any NIW case.
3.1 Precedent DHANASAR case
On December 27, 2016, Administrative Appeals Office (AAO) issued new

precedent decision Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016).
This decision replaces the previous precedent case NYSDOT (Matter of New
York State Dept. of Transportation, 22 I&N Dec. 215 (Comm. 1998)) and
establishes a new framework for evaluating National Interest Waiver petitions.
Before we jump into the rules here is one note. USCIS will adjudicate if the
petitioner demonstrates … by a preponderance of the evidence…
Under the “preponderance of the evidence” standard, a petitioner must

establish that he or she more likely than not satisfies the qualifying elements.
We will consider not only the quantity, but also the quality (including
relevance, probative value, and credibility) of the evidence.

Let’s analyze the new requirements now.
3.2 Substantial Merit and National Importance
1. NIW requirement:
The foreign national’s proposed endeavor has both substantial merit and
national importance.
Dhanasar decision establishes following general definition:
The first prong, substantial merit and national importance, focuses on the
specific endeavor that the foreign national proposes to undertake. The
endeavor’s merit may be demonstrated in a range of areas such as business,
entrepreneurialism, science, technology, culture, health, or education.
Evidence that the endeavor has the potential to create a significant economic
impact may be favorable but is not required, as an endeavor’s merit may
be established without immediate or quantifiable economic impact. For
example, endeavors related to research, pure science, and the furtherance of
human knowledge may qualify, whether or not the potential accomplishments
in those fields are likely to translate into economic benefits for the United
States.
In determining whether the proposed endeavor has national importance, we

consider its potential prospective impact. An undertaking may have
national importance for example, because it has national or even global
implications within a particular field, such as those resulting from certain
improved manufacturing processes or medical advances.
But we do not evaluate prospective impact solely in geographic terms.

Instead, we look for broader implications. Even ventures and undertakings
that have as their focus one geographic area of the United States may properly
be considered to have national importance. In modifying this prong to assess
“national importance” rather than “national in scope,” as used in NYSDOT, we
seek to avoid overemphasis on the geographic breadth of the
endeavor. An endeavor that has significant potential to employ U.S.
workers or has other substantial positive economic effects, particularly in
an economically depressed area, for instance, may well be understood to have
national importance.

Let’s see the Dhanasar’s case as a concrete example.
Petitioner is a researcher developing air and space propulsion systems and

teaching aerospace engineering at a university. He holds two master of
science degrees (mechanical engineering and applied physics) and Ph.D.
(engineering). Thus he qualified for an advanced degree classification under
EB-2 category (203(b)(2)(A)), mentioned in previous chapter 2.1.
Submitted evidence includes:
• reliable evidence of the petitioner’s credentials

• copies of his publications and other published materials that cite his
work
• evidence of his membership in professional associations
• documentation regarding his research and teaching activities
• letters from individuals who establish their own expertise in aerospace,
describe the petitioner’s research in detail and attest to his expertise in
the field of hypersonic propulsion systems
Note: this evidence is related to the whole case, not just 1. NIW requirement
discussed here in this chapter.
The petitioner demonstrated that he intends to continue research into the

design and development of propulsion systems for potential use in military
and civilian technologies such as nano-satellites, rocket-propelled ballistic
missiles, and single-stage-to-orbit vehicles.
In letters supporting the petition, he describes how research in this area

enhances our national security and defense by allowing the United States
to maintain its advantage over other nations in the field of hypersonic flight.
We find that this proposed research has substantial merit because it aims
to advance scientific knowledge and further national security interests and
U.S. competitiveness in the civil space sector.
The record further demonstrates that the petitioner’s proposed endeavor is of

national importance. The petitioner submitted probative expert letters
from individuals holding senior positions in academia, government, and
industry that describe the importance of hypersonic propulsion research as it
relates to U.S. strategic interests.

He also provided media articles and other evidence documenting the interest
of the House Committee on Armed Services in the development of hypersonic
technologies and discussing the potential significance of U.S. advances in this
area of research and development.
The letters and the media articles discuss efforts and advances that other
countries are currently making in the area of hypersonic propulsion systems
and the strategic importance of U.S. advancement in researching and
developing these technologies for use in missiles, satellites, and aircraft.
Dhanasar’s case further shows what didn’t meet the 1. NIW requirement:
The petitioner proposes to support teaching activities in science, technology,

engineering, and math (“STEM”) disciplines. He submits letters favorably
attesting to his teaching abilities at the university level and evidence of his
participation in mentorship programs for middle school students. While STEM
teaching has substantial merit in relation to U.S. educational interests, the
record does not indicate by a preponderance of the evidence that the
petitioner would be engaged in activities that would impact the field of STEM
education more broadly. Accordingly, as the petitioner has not
established by a preponderance of the evidence that his proposed teaching
activities meet the “national importance” element of the first prong of the
new framework, we do not address the remaining prongs in relation to the
petitioner’s teaching activities.
Let’s learn also from previous cases in the past. Before Dhanasar decision
(issued in December 2016) there were two important cases.
Case called Mississippi Phosphate (EAC 92 091 50126, AAU July 21, 1992)
provided a list of some factors related to national interest (national goals):
• improving the United States economy

• improving wages and working conditions of U.S. workers
• improving education and training programs for U.S. children and other
qualified workers
• improving health care
• providing more affordable housing for young and/or older poorer U.S.
residents
• improving the U.S. environment and making more productive use of
natural resources

• involving a request from an interested government agency
However, Mississippi Phosphate case was never taken as precedent and

mentioned factors were something like guidelines rather than binding criteria.
In 1998, precedent NYSDOT case established new National Interest Waiver

requirements. First two prongs in NYSDOT (substantial intrinsic merit and
national in scope) seems to approximately cover current 1. NIW
requirement in Dhanasar.
Current Dhanasar framework explains the difference between Dhanasar and

NYSDOT requirements.
AAO admits that the term “intrinsic” adds little to the analysis yet is
susceptible to unnecessary subjective evaluation. Intrinsic value is an
inherently subjective and speculative concept.
The term “national in scope” is construed too narrowly by focusing primarily

on the geographic impact of the benefit. Certain locally or regionally focused
endeavors may be of national importance despite being difficult to quantify
with respect to geographic scope.
Some lawyers speak about new opportunities for entrepreneurs or workers in

local companies.
3.2.1 Practical examples
Currently (January, 2017) there are no cases decided yet according new
Dhanasar framework. But we can again look into the past for help.
We have learned from precedent NYSDOT case that bridge engineering is

obviously an area of substantial intrinsic merit because protection of motorists
and maintenance of highway bridges are important for United States. New
York’s bridges and roads connect the state to the national transportation
system. The proper maintenance and operation of these bridges and roads
therefore serve the interests of other regions of the country. We
therefore conclude that the occupation in this case serves the national
interest.

Very obvious area of substantial intrinsic merit is something related to
improving health such as cancer research, treatment of some disease,
research of new vaccines etc.
From previous cases, we can see another examples of occupations which were
already considered as “substantial intrinsic merit” and “national in scope”.
However these cases were finally denied (most of them didn’t meet third
NYSDOT requirement).
We chose also several cases from a minor group outside research areas:
• entrepreneur – business executive in the railroad industry (LIN 08 084

51017, AAO January 7, 2010)
• advocate/lawyer exporting U.S. goods to Asia and Africa (EAC 06 110
50107, AAO January 28, 2008)
• research assistant in materials research, development of improved
high-energy absorbent materials (LIN 06 012 51789, AAO March 31,
2008)
• postdoctoral research fellow in molecular biology, improving health
care and environmental management (SRC 07 800 15621, AAO March
05, 2010)
• patient safety officer worked in public health, reducing the national
rate of acute care hospitalizations among home care patients (AAO
August 04, 2010)
• biomedical engineer, improved understanding of the medical
complications involved in weightlessness (AAO April 01, 2011)
• violinist, bringing the arts directly to all segments of society, including
the youth of America (EAC 04 030 53333, AAO December 17, 2007)
• research associate in atmospheric chemistry, improved
understanding of chemical reactions important to the formation of
pollution in the atmosphere (LIN 06 119 51395, AAO October 25, 2007)
• president of a new company specializing in sales, servicing and export
of consumer electronics (AAO April 03, 2012)
Researchers and scientists usually easily demonstrate that their work is in

national importance, rather than applicants from arts, business or education
areas.

3.2.2 Evidence and supporting documentation
In order to meet substantial merit and national importance requirement

applicant needs to support his / her statements by proper evidence.
Documentation must clearly explain in layman’s language (nontechnical

words) why his / her field of endeavor is important to the United States and
what are the practical benefits and application. Evidence should validate
that his / her occupation area is in significant national importance and need
to show how exactly the work is related and relevant to the national goal.
Documentation and supporting evidence may be submitted in the form of

articles and other publications, historical documents, government
resources, letters of recommendation from distinguished authorities etc.
If applicant published his / her research at national or international level, he

/ she may show “national importance” through these publications. He / she
can also find evidence in publications of others (articles, news, reports etc.).
Especially documents released by government institutions may help to
prove that the activity will serve to national wide range.
3.3 Well Positioned to Advance the Proposed Endeavor
2. NIW requirement:
He or she is well positioned to advance the proposed endeavor.
At first general definition:
The second prong shifts the focus from the proposed endeavor to the
foreign national. To determine whether he or she is well positioned to
advance the proposed endeavor, we consider factors including, but not limited
to: the individual’s education, skills, knowledge and record of success in
related or similar efforts; a model or plan for future activities; any
progress towards achieving the proposed endeavor; and the interest of
potential customers, users, investors, or other relevant entities or
individuals.
We recognize that forecasting feasibility or future success may present

challenges to petitioners and USCIS officers, and that many innovations and

entrepreneurial endeavors may ultimately fail, in whole or in part, despite an
intelligent plan and competent execution. We do not, therefore, require
petitioners to demonstrate that their endeavors are more likely than not to
ultimately succeed. But notwithstanding this inherent uncertainty, in order to
merit a national interest waiver, petitioners must establish, by a
preponderance of the evidence, that they are well positioned to advance
the proposed endeavor.
Let’s see how this 2. requirement was met in Dhanasar’s case.
Beyond his multiple graduate degrees in relevant fields, the petitioner has
experience conducting research and developing computational models that
support the mission of the United States Department of Defense (“DOD”) to
develop air superiority and protection capabilities of U.S. military forces,
and that assist in the development of platforms for Earth observation and
interplanetary exploration.
The petitioner submitted detailed expert letters describing U.S. Government

interest and investment in his research, and the record includes
documentation that the petitioner played a significant role in projects
funded by grants from the National Aeronautics and Space Administration
(“NASA”) and the Air Force Research Laboratories (“AFRL”) within DOD. Thus,
the significance of the petitioner’s research in his field is corroborated by
evidence of peer and government interest in his research, as well as by
consistent government funding of the petitioner’s research projects.
The petitioner’s education, experience, and expertise in his field, the

significance of his role in research projects, as well as the sustained interest
of and funding from government entities such as NASA and AFRL, position him
well to continue to advance his proposed endeavor of hypersonic
technology research.
In the following subchapters, I provide more details about points mentioned

above.
3.3.1 Record of specific prior achievements
Applicant’s past record of demonstrable accomplishments must be strong,

convincing and distinguished from other individuals in same field of endeavor.

Prior achievements may be established by submitting objective evidence in
the form of:
• publications
• citations
• national or international awards
• research achievements
• memberships in significant industry or research organizations (if the
members are selected by meeting some restrictive criteria, not only by
paying membership fee)
• judge or reviewer of the work of other peers in the field
• invited talks or writing papers / book chapters
• presentations at national and international conferences or seminars
• patents
• trustworthy and renown media coverage
USCIS accepts also subjective evidence such as:
• testimonial letters from distinguished experts
Showing past record of achievements may seem similar to Extraordinary

ability requirements (green card in EB1 category) – same type of evidence
might be used there. However, EB1 criteria require higher level of expertise.
Petitioner needs to be more experienced and influential, have more significant
awards etc. It may help to use EB1 criteria as a guide for demonstrating
applicant’s past track record in EB2 NIW case, even if it would not be sufficient
for satisfying of EB1 requirements.
3.3.2 Influence on the field of endeavor
One of the ways how to prove influential contributions is to demonstrate

practical significance. Another way is to submit evidence about wide use
of applicant’s work by other peers. Petitioner’s impact to the whole field may
be shown through objective evidence:
• citations (and sometimes selected publications where applicant’s work

is cited)
• reprint requests from other peers
• downloads
• successful practical application of patents

• review requests
• invited talks
Significant influence on many other peers in the field may be also

demonstrated with the help of subjective evidence:
• testimony from leading experts and authorities (reference letters)
3.3.3 Petitioner in a Significant Role
It is beneficial to show that alien is critical member of a team working on

cutting edge projects serving to the national interest.
We demonstrated this point by reference letters from experts. They

explained concretely why petitioner is indispensable and that team function
would be severely impaired without him.
3.3.4 Evidence and supporting documentation
Let’s summarize what evidence might be used to demonstrate 2. NIW

requirement.
Publications
Publications should be part of every NIW case. USCIS gives much greater
weight to first-authored papers than co-authored. USCIS expects that
postdoctoral fellows publish usually number of papers as a part of their routine
work so it is not sufficient only to submit several publications to demonstrate
applicant’s significant influence on the field of research. Evidence about strict
peer review procedure of journal where it was published may be submitted.
Positive peer review comments may be also added to the evidence of NIW
case. This may help to show higher significance of petitioner’s paper.
USCIS didn’t establish required exact number of articles. We have read about
NIW case with a lot of submitted papers (100) which was denied and several
NIW cases with very few articles which were approved. It depends on what
arguments and evidence were submitted to support quality and significance
of these contributions.
Citations

Citations are widely used as an evidence how petitioner influenced other
peers in the field of research. USCIS conclusively prefers independent
citations rather than self-citations or citations from closely cooperating
colleagues. Frequent and numerous independent citations may be considered
as a proof of high impact on the field as a whole.
There is no specific requirement about how many citations are sufficient to

prove influence on the research field. Even NIW cases with zero citations were
successfully approved. But in such cases there is a need of other strong
evidence to show significant impact on other peers in the field.
If you have seen our case in DIY kit, we didn’t stick heavily on numbers like
publications and citations simply because it wasn’t impressive. We had to find
different arguments and we succeeded even without the significant number of
publications and citations.
Patents
Submitting a patent itself is not sufficient to demonstrate substantial impact

on the field. It is important to support patent by evidence of practical
application or successful commercialization. Practical application which
was beneficial to US society may be considered as a strong evidence that
patent is of greater importance and influenced the field as a whole.
Letters of recommendation
Reference letters with testimonies from distinguished experts and authorities

are key of every successful EB2 NIW petition. Credibility of experts must
be explained in the testimonial letters. Usually, in introduction of the letter,
experts describe their background, achievements, job title, experience etc.
and they add their resume to the letter.
USCIS gives more weight to the letters from independent experts from
outer circle rather than closer peers from inner circle. Following order shows
importance from greater to less weight:
• government institutions
• professional or scientific societies
• industrial associations
• independent experts

• employers, supervisors, colleagues
As mentioned above, letters from outer circle from highly authoritative

agencies are very valuable, especially if recommender knows petitioner only
through his publications, conference contributions and work results, not
personally.
Letters of recommendation must be written in laymen’s language. This

means that recommenders shouldn’t use technical words but rather clear and
simple descriptions. It needs to be explained what benefits petitioner brings
to the nation and how significant he / she is for the whole field of endeavor.
Proposed employer should focus on description of the job position, how exactly
it will be in national interest, why applicant is critical member of a team and
better than other peers etc. It should be clear that only very few top
individuals with exceptional ability can accomplish the duties required for
this position and petitioner is one of these few individuals. It is necessary to
use concrete specific examples and describe in detail.
Testimonial letter should lack irrelevant evidence and avoid arguments which
could be used against applicant. Supporting letters should rather confirm
that applicant has already had substantial impact on the research field,
not just a promise that he / she will be beneficial in the future. Supervisors
shouldn’t mention that applicant made superior research discovery under
their supervision because it seems like he / she didn’t contribute significantly
by himself / herself and thus doesn’t deserve NIW to be approved. Proposed
employer should not use shortage of US workers as an argument for
national interest waiver because it will be a good reason why to go through
labor certification process. Rather explain applicant’s unique skills which
couldn’t be articulated under labor certification process (see the next chapter).
More details about recommendation letters are discussed in the chapter 4.
3.4 Benefits to the United States
3. NIW requirement:
On balance, it would be beneficial to the United States to waive the job offer
and labor certification requirements.
Here is the general definition from Dhanasar decision:

In performing this analysis, USCIS may evaluate factors such as: whether, in
light of the nature of the foreign national’s qualifications or proposed
endeavor, it would be impractical either for the foreign national to secure
a job offer or for the petitioner to obtain a labor certification.
For example, the labor certification process may prevent a petitioning

employer from hiring a foreign national with unique knowledge or skills
that are not easily articulated in a labor certification.
Let’s make a side note regarding labor certification. This way U.S. employer
might apply for a green card for his potential foreign worker. However, in 3.
NIW requirement, it should be addressed why it is beneficial to waive labor
certification. Thus, make sure you understand how it works. Dhanasar case
provides this explanation:
Before hiring a foreign national under this immigrant classification, an

employer must first obtain a permanent labor certification from the United
States Department of Labor (“DOL”). A labor certification demonstrates that
DOL has determined that there are not sufficient workers who are able, willing,
qualified, and available at the place where the alien is to perform such skilled
or unskilled labor, and the employment of such alien will not adversely affect
the wages and working conditions of workers in the United States similarly
employed.
In its labor certification application, the employer must list the position’s job
requirements consistent with what is normally required for the occupation.
Moreover, the job requirements described on the labor certification application
must represent the actual minimum requirements for the job opportunity.
That is, the employer may not tailor the position requirements to the
foreign worker’s qualifications; it may only list the position’s minimum
requirements, regardless of the foreign worker’s additional skills that go
beyond what is normally required for the occupation.
The employer must then test the labor market to determine if able, willing, or
qualified U.S. workers are available with the advertised minimum
qualifications. If such U.S. workers are found, the employer may not hire the
foreign worker for the position, even if the foreign worker clearly has
more skills (beyond the advertised qualifications). If the employer does not
identify such U.S. workers and DOL determines that those workers are indeed
unavailable, DOL will certify the labor certification. After securing the DOL-

approved labor certification, the employer may then file a petition with DHS
requesting the immigrant classification.
As explained above, only minimum requirements for particular job offer are
considered when applying through labor certification process. Worker’s
unique skills beyond these minimum requirements may not be taken into
account. Most likely, weaker candidate would be hired in proposed
employment. We used this as one of the arguments for waiving labor
certification in our NIW case (see the petition letter in DIY kit).
We also used another argument in this third prong. If researcher works for
government agency or his / her research is funded by government,
sometimes it requires lawful US citizenship or permanent residency to allow
researcher enter government facilities. Another case is when government
institution wants to offer a permanent job position to applicant but it
cannot be done without green card because their policy simply doesn’t
allow it. In these cases, reference letters from appropriate institutions
should clearly explain why labor certification process is impractical and it
would be beneficial to the United States to waive it.
Let’s get back to 3. NIW requirement in Dhanasar decision.
Likewise, because of the nature of the proposed endeavor, it may be

impractical for an entrepreneur or self-employed inventor, when
advancing an endeavor on his or her own, to secure a job offer from a U.S.
employer.
USCIS may also evaluate following factors: whether, even assuming that other
qualified U.S. workers are available, the United States would still benefit
from the foreign national’s contributions; and whether the national
interest in the foreign national’s contributions is sufficiently urgent to
warrant forgoing the labor certification process.
We note that this new prong, unlike the third prong of NYSDOT, does not
require a showing of harm to the national interest or a comparison
against U.S. workers in the petitioner’s field.
NYSDOT’s third prong was especially problematic for certain petitioners, such
as entrepreneurs and self-employed individuals. This more flexible test,

which can be met in a range of ways as described above, is meant to apply to
a greater variety of individuals.
Here is the concrete example of satisfied 3. NIW requirement from Dhanasar’s

case:
The petitioner holds three graduate degrees in fields tied to the proposed
endeavor, and the record demonstrates that he possesses considerable
experience and expertise in a highly specialized field. The evidence also
shows that research on hypersonic propulsion holds significant implications
for U.S. national security and competitiveness.
In addition, the repeated funding of research in which the petitioner played

a key role indicates that government agencies, including NASA and the DOD,
have found his work on this topic to be promising and useful. Because of his
record of successful research in an area that furthers U.S. interests, we find
that this petitioner offers contributions of such value that, on balance, they
would benefit the United States even assuming that other qualified U.S.
workers are available.
This 3. NIW requirement might be demonstrated by using similar type of

evidence as in previous two prongs.

4 Letter of recommendation for NIW petition
Letters of support from other peers in the field, also called reference letters
or testimonial letters, are very important part of every National Interest
Waiver petition. It is considered as a subjective evidence by USCIS officers
but may be a good way how to demonstrate required National Interest
Waiver criteria. For example: petitioner’s impact on the field of endeavor as
a whole, he / she is critical member of a team, has unique skills, it would be
beneficial to waive labor certification etc. NIW reference letters may also
highlight other submitted evidence (citations, publications, invited
conference presentations, patents, awards, achievements, memberships in
top associations etc.).
Strong testimonies are crucial in successful NIW case, therefore applicant

should devote a great effort to prepare them and choose the right
recommenders.
4.1 Who should write NIW reference letter
Petitioner should carefully choose leading experts or authorities

(persons/agencies) in his / her field in order to write testimonial letters.
Recommenders must present distinguished credentials in order to convince
USCIS examiner that they are sufficiently qualified to make evaluation of
petitioner’s expertise, achievements and future benefits to the nation.
Reference letters provided by interested government officials, established

authorities and agencies can significantly help with success, but even those
must establish that applicant will serve to the national interest and it must be
specified in details there.
Similarly, NIW letters of recommendation from major professional

associations and nationally or internationally recognized industry
organizations could have greater impact.
Independent distinguished experts or managers of prosperous companies,

especially those who hold higher positions, know and use applicant’s work
or commercialized his / her research, belong to valuable sources of NIW
supporting letters.

Editors of journals who reviewed petitioner’s publications, researchers who
cited his / her papers or university professors with excellent background
(who are not directly connected with petitioner) should be a good choice.
USCIS adjudicators give little weight to letters of recommendation from

closely related persons such as research advisors, mentors, supervisors,
employers or colleagues because of low objectivity. However, it is still worth
to include letters from dependent persons with impressive background
(employer or professor) if they have deep knowledge about applicant’s work
and past track of achievements and hence could provide a strong testimony.
List of reference candidates mentioned above is ordered from most to less

important. Applicant should obtain letters from both: inner circle (closely
related dependent peers) and outer circle (independent peers). But it is clear
that USCIS officer will give more weight to NIW reference letters from
independent experts who don’t work with applicant and don’t know him
/ her personally, but are familiar with his / her work (through
publications, achievements, presentations, invited talks, reviewing etc.).
These will be considered as more objective witnesses.
Folks on various public forums and some lawyers recommend to write experts
who cited petitioner’s work, editors of journals where he / she published or to
try colleagues from people in his / her network who are outside the close inner
circle but they are still aware of his / her work or achievements. If such peers
are found they should clearly state in their letter that they don’t know
applicant personally and they evaluate his / her work only based on
publications, achievements etc. It would be invaluable if they can explain how
applicant’s work significantly affected them or others in the field. These
letters are often drafted by lawyers or NIW applicant himself and then sent to
proposed experts to be agreed and signed.
Additional evidence might be used, such as: favorable comments in

manuscripts from peer review process (opinions of neutral observers of
applicant’s research), international citations, articles published in remarkable
trade publications, notability of dependent experts from top level institutions
or other evidence considered in EB1 category.
Recommender should be also chosen with regard to country. It is not

necessary to have all NIW reference letters only from US citizens or peers
working in USA, but majority of testimonies should come from the USA.

4.2 How many NIW letters of recommendation
There is no official requirement regarding number of testimonial letters. We

have seen recommendation that NIW case should include at least three letters.
But from average statistics (mentioned in chapter 9.2) it seems that it is usual
to have more than five letters. Generally, it should be sufficient to submit
5-10 reference letters. Remember, quantity is not as important as quality –
better less letters from independent authorities with effective
demonstration of established NIW requirements than plenty of average
letters repeating same empty and general phrases. Excessive number of
average letters can burry quality evidence and finally lead to RFE (Request for
Evidence) or even denial.
Two or three independent letters of recommendation showing wide

influence on the field should be considered for National Interest Waiver
petition.
4.3 Style of the testimonial letter
NIW recommendation letter needs to be very specific and must include

detailed descriptions and concrete examples. Explanations have to be
accurate, persuasive and authoritative. However, used language must still
be understandable for people who don’t understand applicant’s field
(laymen’s language). USCIS adjudicator is not an expert and he relies on
submitted evidence, thus reference letter may affect his judgment
significantly.
Testimony might include also abnormal formulations to address National

Interest Waiver requirements which probably wouldn’t be mentioned
otherwise. For example: “it would be beneficial to waive labor certification…”.
Would the recommender know what labor certification process is, why it
should be avoided to serve the national interest and that he / she should write
about it? Probably not if he / she didn’t have experience with it.
That is why many applicants prepare drafts or some guide points for their
recommenders (mentioned below). If applicant hires a lawyer for NIW process
there should be very close cooperation between applicant, lawyer and
recommender when drafting NIW supporting letter. Applicant brings important
points regarding his / her research and lawyer provides relevant law
formulations. NIW recommendation letter then goes to recommender to add

his own words and polish it. This process may be repeated until all sides are
satisfied with the letter.
Applicants who draft all the letters and send them to recommenders just for
signing should be very careful! USCIS examiner may get suspicious if all
letters are written in the same style. Different formulations, tone and
language style, structure, opening salutation, format, font, letter size,
paragraph spacing etc. should be used.
Length of NIW recommendation letter varies usually between 1.5 and 3

pages. Longer letters may lose effectiveness because USCIS officer may skip
important parts due to lack of time.
Final version of reference letter should be printed out on the letterhead of

recommender’s employer institution if possible.
When filing also another petition in EB1 category, petitioner should have
slightly different recommendation letters. National Interest Waiver criteria
are different from those in EB1 and hence EB1 letters will not be fully
effective in EB2 NIW process (important formulations are simply missing
there). Applicant should prepare two versions of the letter for his / her
recommender or use one letter and explain explicitly in both petition letters
how it demonstrates required criteria.
4.4 Structure of the NIW reference letter
1. Heading of the supporting letter
Letter usually starts with official address of recommender’s employer

institution and his full contact, including email address and phone/fax
numbers.
Date may follow below address.
2. USCIS address
Recommender might write relevant USCIS address at the beginning of NIW

reference letter.

EB2 National Interest Waiver applicants are still eligible only for regular
processing (check USCIS for updates). One of the following addresses for
regular processing is used according to which form is filed and mailing service
used:
U.S. Postal
USPS Express Mail/Courier
Service
USCIS
USCIS Attn: I-140
Attn: I-140 2501 S. State Highway
I-140 only
P.O. Box 660128 121
Dallas, TX 75266 Business Suite 400
Lewisville, TX 75067
USCIS
Attn: AOS
USCIS
2501 S. State Highway
I-140 + I-485 concurrently P.O. Box 660867
121
Dallas, TX 75266
Business Suite 400
Lewisville, TX 75067
Please check if these addresses didn’t change at USCIS website.
3. Opening and salutation
First statement: “RE: EB2 National Interest Waiver Petition for [petitioner's
name with degree]“.
Then comes salutation. Applicant should make sure there is not always same
phrase in each letter, one of the following may be chosen: “Dear Sir/Madam”,
“Dear Sir or Madam”, “Dear USCIS Director”, “Dear Immigration Officer”,
“Dear USCIS Officer”, “Dear USCIS Examiner”, “Dear USCIS Adjudicator” etc.
4. Credentials and background of the recommender
Distinguished expertise, outstanding credentials, qualification and top level

job position of the recommender carry more weight with the USCIS officer.
Recommender must introduce himself / herself and his / her excellent
background in order to convince adjudicator that he / she is sufficiently
qualified to judge whether applicant’s work is in the national interest and

have significant impact on the field. This description should include
recommender’s employer, job title, work experience, research achievements,
honors, awards, educational background etc. Recommender’s credentials
should be also demonstrated by additional documents (CV, newspaper articles
etc.).
5. How the recommender knows the petitioner
Recommender must describe relationship with applicant and explicitly

state how they know each other. Recommender should explain how he
became aware of applicant’s work if he doesn’t know applicant directly
mentioning specific sources such as conference, publications, peer-reviews,
work etc. Recommender should also describe which part of applicant’s
research he is familiar with. If recommender doesn’t know applicant
personally it is extremely important to clearly demonstrate this fact
because USCIS will consider such letter as more objective and gives it
greater importance. This will also show to adjudicator that applicant‘s work
has been recognized outside his / her immediate circle of colleagues and he /
she influenced the field of endeavor widely.
6. Evaluation of applicant’s work – demonstrating NIW requirements
NIW reference letters play crucial role in satisfying National Interest Waiver
requirements hence petitioner should keep focus on preparing this part of
the letter very carefully and guide the recommender. It is not necessary to
cover all following points in each letter, rather each recommender should
emphasize on such parts of applicant’s contribution or achievements he /
she is most familiar with.
Testimony may establish basic and easy criteria such as applicant’s

employment is in area of substantial merit or national importance. But it
is widely and often used for demonstrating most difficult second and third NIW
requirements – applicant’s significant contributions, impact and benefits to
national interest.
NIW reference letter might describe petitioner’s unique skill, knowledge,

experience, original contributions or achievements.
Recommender can testify how applicant’s contribution substantially

influenced him / her and others in the field. If possible he / she should keep

it “wide” mentioning that impact is not only on narrow group of peers but on
national or international level. This can help a lot if applicant has lower
number of citations. Remember that not only applicant’s field of endeavor
must be significantly important but especially his / her specific
contribution.
General empty compliments and only brief description, such as “applicant

developed new method or discovered something”, might be insufficient. It
would be better to further explain what exactly is so superior, how it affected
others and why they use it. It is necessary to show why it is so important
and what the benefits to the national interest are. Recommender must
specify it in detail using concrete examples but still in laymen’s language.
USCIS adjudicator needs to see that applicant’s work was widely recognized
by other peers and its impact on the field is nationally significant. Letter
can also explain how applicant’s work is prospective to the future national
benefits. Recommender can state that he / she truly believes petitioner will
continue to serve to the national interest based on past track of his / her
work.
If National Interest Waiver letter of support is written by proposed employer

he / she should describe petitioner’s prospective job in detail – duties
and requirements (unique credentials) for this job position. Recommender
should state that ordinary U.S. worker with same minimum qualification
could not accomplish the job. Only very few individuals with exceptional
abilities from top level of the field can perform required duties and
petitioner is one of these few individuals. Employer might explain how
applicant’s particular activity could serve to the national interest. Finally,
one of the most important things is to show that applicant’s role in the
project is critical and why job duty cannot be fulfilled without him / her.
Another criterion from precedent Dhanasar case which might be discussed: it

would be beneficial to the USA to waive labor certification. For example,
when there is an urgent need to employ applicant in nationally important
project and labor certification would persist too long. Check current
processing times at Department of Labor website if this argument would be
valid. Another example: government agency’s policy doesn’t allow to apply
for labor certification so applicant must get his green card through National
Interest Waiver and then they can offer him a job position in the national
interest. Another option which might be used generally is to demonstrate
extraordinary achievements and skills which are far beyond minimum

qualifications considered in labor certification and such process would omit
these extraordinary skills.
Appropriate parts of the NIW reference letter will be used as an evidence in

EB2 NIW petition letter in order to convince USCIS examiner how applicant’s
work serves / will serve to the national interest of the USA.
7. Closing recommendation statement
Recommender might close his / her testimony by personal statement where

he / she confirms it is in the national interest to grant applicant Permanent
Residency. He / she may also note that officer can contact him / her for further
questions if any.
Finally comes farewell phrase (“Yours Truly”, “Sincerely”, “Respectfully”,

“Faithfully”), name, signature, job title and institution.
4.5 Formulations to avoid in the NIW reference letter
NIW supporting letter shouldn’t mention that shortage of qualified US

workers is a reason for approving National Interest Waiver petition because
it is argument rather for labor certification.
Recommender should avoid empty compliments or general brief

statements without explaining concrete benefits by descriptive examples.
Statements should be supported by objective evidence or sufficient
explanation.
4.6 How to organize testimonial letters within NIW petition
Reference letters may be placed directly beneath I-140 form and petition
letter. This step can significantly save time to USCIS examiner and might
reduce a risk he would miss something important and send RFE (Request for
Evidence).
List of recommenders of all NIW recommendation letters, including job titles

and employers might precede the letters.
CV and pertinent newspaper articles describing credentials or achievements

of recommender may be added behind each NIW reference letter.

4.7 NIW recommendation letter sample
Note, that this is not a real NIW recommendation letter, just an example of
sentences which could be used in the letter. These sentences should be
accompanied by more specific details and laymen’s explanations wherever it
is possible.
It is not necessary to include everything in one letter – we rather focused each

letter on a few important points and discussed them more in detail.
[Institution letterhead]
National Government Agency

Department of Physics
927 Louise Street
San Francisco, CA 87934-2619
Tel: (375) 748-2367
Fax: (375) 748-4625
Email: John.Doe@nga.gov
February 26, 2013
USCIS
Attn: I-140
P.O. Box 660128
Dallas, TX 75266
Re: Recommendation letter for Dr. Zdenek Sverak’s Petition (EB-2 National
Interest Waiver)
Dear USCIS Officer:
It is my great pleasure to support Dr. Sverak’s petition for Permanent

Residency in the United States of America in category EB-2 National Interest
Waiver.
[Introduction of recommender - credentials and background]

First, please allow me to briefly introduce myself. I am currently a Senior
Researcher at National Government Agency. I have been in radiation physics
for more than 30 years. I received a Ph.D. degree from Harvard University in
Experimental Physics. I worked as a researcher at several universities
(Harvard, Yale, Berkeley) and national institutions and laboratories (NASA,
Argonne National Laboratory, Los Alamos National Laboratory, Oak Ridge
National Laboratory). I received grants in total value of 11 Million USD from
federal organizations (NASA, National Science Foundation). I published more
than 200 journal papers and 8 book chapters. I served as a reviewer in major
physics journals (Journal of Applied Physics, Radiation Imaging Journal).
Among the awards that I received: Faraday Medal, Einstein Prize (APS), IEEE
Heinrich Hertz Medal, Dannie Heineman Prize for Astrophysics. My current
research in National Government Agency includes major projects in radiation
imaging, monitoring and development of new detector technologies used in
space missions.
[How the recommender knows petitioner]
I have never met Dr. Sverak personally but I became aware of his
distinguished pixel detectors research published in leading Journal of Applied
Physics in 2009. His papers bring original new approach to radiation imaging
which significantly improves quality of images. I am familiar with his papers
because of their significance to radiation imaging field and I have cited some
of these papers in my own publications.”
[or]
I invited Dr. Sverak to join my research group (9/2012) because I noticed his
significant contributions he made in world recognized laboratory CERN in
Switzerland. Dr. Sverak developed new technique of radiation imaging which
reduces doses of rays and at the same time improves quality of images. He
could apply this unique experience in our laboratory.
[or]
I was a supervisor of Dr. Sverak during his PhD studies in Experimental
Physics at University of California. [Detailed laymen's description follows.]
[Demonstrating of 1. NIW criterion - substantial merit]

Dr. Sverak has developed new technology for radiation detectors which
significantly helps to reduce doses to patients during medical cancer imaging.
[Detailed laymen's explanation follows.]
[or]
Dr. Sverak discovered new vaccine which successfully treats dengue fever.
[Demonstrating of 1. NIW criterion - national importance]
Dr. Sverak’s distinguished research achievements bring superior benefits to

national security in the form of early warning against radiation threat. His
unique radiation monitoring equipment was already installed and used with
success in National Government Agency. Similarly, these detectors are now
being installed in 8 other federal facilities over the whole USA as a part of their
security system.
[Demonstrating of 2. NIW criterion - past track of achievements]
Dr. Sverak published his original research contributions in more than 50

papers in major peer reviewed journals which is extraordinary number in the
radiation imaging field.
[or/and]
Dr. Sverak was asked to review over 30 papers in Radiation Physics Journal
which is the most important journal in this field.
[or/and]
Dr. Sverak was elected from more than 100 most skilled researchers from the
whole USA as a most innovative researcher and jury composed from
distinguished independent experts in the field awarded him by Norman’s Prize.
[Demonstrating of 2. NIW criterion - impact on the field]
Dr. Sverak’s research significantly affected radiation physics field as evidenced

by more than 250 citations of his journal papers by wide community of
researchers in this field.

[or/and]
My research group in National Government Agency uses Dr. Sverak’s original
invaluable technology because it effectively solves problem with low image
contrast. As far as I know, Dr. Sverak’s research discoveries are used also in
other national facilities in USA and Europe.
[or/and]
I invited Dr. Sverak to advise researchers in our laboratory with development
of new radiation monitoring technology because he has invaluable experience
in this field. [Detailed laymen's explanation follows.]
[Demonstrating of 2. and 3. NIW criterion – unique skills and achievements]
Dr. Sverak has made outstanding contributions in radiation imaging

technology and he was first researcher who developed device with sufficient
image resolution and significantly lower doses to patients. Discovery of such
technology is a spectacular achievement.
[or/and]
Dr. Sverak’s strong knowledge and distinguished expertise of pixel detectors
goes far beyond the skills of ordinary peers with same education in this field.
[Demonstrating of 2. NIW criterion - critical role in the project]
Dr. Sverak plays a critical role in my radiation imaging research and it would
be seriously impaired without his invaluable contribution. In such case
accomplishing of this whole nationally important project would be threatened.
[Demonstrating of 2. NIW criterion - prospective benefits to the USA]
[Begin with detailed laymen's explanation.] I truly believe that Dr. Sverak’s
impressive and nationally important past track of achievements is strong
indication that he will serve to US national interest also in the future.
[Demonstrating of 3. NIW criterion – beneficial to the USA to waive labor

certification]
National Government Agency would like to offer a permanent job to Dr.

Sverak. However, our policy doesn’t allow to give such an offer to foreign

aliens who don’t poses permanent residency. Hence, traditional labor
certification cannot be applied in this case. Dr. Sverak is a key member of our
team in this nationally important project and if we cannot employ him it would
negatively affect national interest. [Detailed laymen's explanation follows.]
[or/and]
Dr. Sverak developed outstanding technology in radiation imaging and
National Government Agency is further critically dependent on his experience
with this technology. Labor certification process would probably find
somebody with minimum education, PhD in physics, but not with such high
level of expertise in this particular research. It would be impossible to find top
researcher through labor certification process for our projects which are in
national interest.
For the above reasons, I strongly support and recommend to grant Dr. Sverak
Permanent Residency in the United States of America.
Sincerely,
[signature]
John Doe, PhD

Senior Researcher
Department of Physics
National Government Agency
We have published all real NIW recommendation letters which we used in our
petition in our NIW DIY package – these letters helped enormously to approval
of our National Interest Waiver application.
As you can see, evidence in the form of recommendation letters is the key to
the success in EB2 National Interest Waiver application for green card. It may
take significant amount of time to find right recommenders, prepare all the
letters for them and wait until they have time to review or create them for
you.

5 National Interest Waiver petition letter
National Interest Waiver cover letter (or petition letter) is powerful
instrument which “sells” all important facts convincing USCIS examiner that
he / she should grant applicant permanent residency. Even “strong case” with
sufficient background may be lost if it is not presented in the right way. Lots
of people are interested in credentials of successful applicants but don't realize
that the most important thing is HOW the credentials are presented! This
is clearly shown in our NIW DIY Kit. Generally speaking, every NIW case is
unique and it is up to applicant how strong he / she would make it.
We have seen several different styles how to write NIW petition letters. It is
not clear which is the “right” one. USCIS and their case decisions and couple
attorney opinions give us only a few details about how to prepare it. The next
chapter will show an outline and tips how we proceed for NIW cover letter
rather than a strict step by step instructions.
5.1 Organizing NIW cover letter in paragraphs with appropriate

names
There is no doubt that strong arguments how applicant meets NIW

requirements must be shown very clearly and effectively. USCIS
recommends:
Identify how the alien qualifies for classification as a member of the

professions with an advanced degree (e.g. the alien holds an advanced
degree, the alien holds a Bachelor’s degree in addition to five years of
progressive experience, or the alien qualifies as an alien of exceptional ability).
Identify each of the three criteria that must be satisfied and provide the
evidence needed to satisfy each criteria.
Imagine that USCIS officer must adjudicate many cases and he can spend
probably very little time on one case. It is very unlikely that he will have
enough time to go through all the submitted evidence. Maybe he cannot even
read the whole NIW cover letter. Applicant shouldn’t assume that USCIS
officer will find his crucial arguments unless he clearly guides officer’s
attention. For example, we organized NIW cover letter in appropriately
named paragraphs (see NIW petition letter sample in chapter 5.7).

It is important to create the right structure of NIW cover letter with these
paragraphs. This lets USCIS examiner immediately see where he can find
four most important points which he looks for (satisfied advanced degree
or exceptional ability rule and each of three NIW requirements). Petitioner
might also put brief highlights (summary) at the beginning of NIW cover
letter and then from here refer to “hidden” parts of the cover letter with
detailed explanation or directly to specific exhibits. If the most convincing
facts are presented just at the beginning these can guide USCIS officer to the
strongest part of NIW case.
Remember, all 4 requirements MUST be covered and specific details must be

provided:
1. advanced degree or exceptional ability

2. substantial merit and national importance
3. well positioned to advance the proposed endeavor
4. beneficial to the USA to waive the labor certification
Anything that can help to meet these criteria may be used: education,
background, work experience, awards, achievements, patents, publications,
citations, reviewing, invited talks, memberships, media coverage, benefits of
research, its positive impact on US nation, testimonies etc. In order to
correctly and completely address all appropriate points get some inspiration
in the chapter about NIW requirements (chapter 3) and NIW reference letters
(chapter 4).
5.2 Easy reference guide of all evidence
NIW petition letter serves as a quick guide of all provided evidence.

Applicant should reference to the specific exhibit whenever he needs to prove
some fact. It is also important to include only statements which are supported
by some evidence. Table of contents or list of exhibits may be also used
at the beginning of NIW cover letter. Or list may be put separately at the
beginning of NIW petition package. Some people put this list right beneath
NIW cover letter. The most important thing is to make it very easy for USCIS
officer to go through NIW petition.

5.3 Quotations from recommenders and other evidence
Applicant might frequently quote appropriate parts from his letters of

recommendation, articles or other evidence. Sometimes people introduce
recommenders by summarizing their credentials right before actual citation.
In fact, CV of recommender will be included together with reference letter,
hence too long description of recommender’s qualification here seems to be
quite useless and make NIW petition letter too lengthy with no additional
value. We have used just very short introduction like: Dr. John Doe,
independent expert and director of National Government Agency, states: “Dr.
Sverak has developed new technology…”.
Quotations can convince USCIS adjudicator about applicant’s impact on the

field and it also looks more objectively if arguments don’t come only from
applicant’s mouth.
5.4 Language of NIW cover letter
There are similar rules for writing NIW petition letter like for recommendation
letters. Plain simple language should be used, not too technical, rather
understandable to layman who is outside applicant’s field of endeavor. But still
benefits of applicant’s work should be explained in specific details.
5.5 Length of EB2 NIW petition letter
Total length of NIW petition letter is not prescribed. It can be written as long
as it needs to make everything clear. It can be done short (5-10 pages) with
many references to other documents and exhibits explaining details. Or it may
be written longer and necessary details may be included directly in NIW cover
letter – this kind of letter can be approximately 20-40 pages long. The petition
letter we used in our case had 40 pages and it is the part of our NIW DIY Kit.
5.6 Avoid in National Interest Waiver cover letter
Too lengthy, boring and repetitive descriptions should be avoided because

USCIS officer can miss important fact if it will be hidden somewhere deep
in the long unconvincing text. On the other hand, explanation cannot be too
general and short because officer needs to be convinced. Finding the right
balance between these two extremes is the key.

Arguments which may be considered as unconvincing and irrelevant
should not be used. Too many of these matters can bury the strongest facts
and officer can be led to bad focus. Then he can send RFE (Request for
Additional Evidence) that these weak arguments didn’t persuade him. He
might request stronger evidence although applicant already has it there.
5.7 EB2 NIW cover letter sample
This chapter shows brief National Interest Waiver cover letter example which
may be used as a template.
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

the labor certification in my specific case is in the national interest pursuant
to In re Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), Int. Dec. 3882.
1. My proposed endeavor has both substantial merit and national

importance. Radiation monitoring improves the National Security and
helps to protect astronauts’ health. I have developed a new radiation
imaging modality which significantly reduces radiation doses to patients.
My research achievements are beneficial for the whole U.S. nation and
satisfy national goals given by government agencies. See chapter 2
(page 6).
2. I am well positioned to advance the proposed endeavor. I have
developed radiation monitors which are used in space missions by
National Government Agency (NGA). I have established the first and
only one calibration laboratory in USA necessary for those radiation
monitors. I have impacted the whole field of pixel detectors radiation
physics by serving as a requested advisor in several institutions
including NGA. I have currently a critical role as a researcher in NGA
radiation monitoring projects. See chapter 3 (page 11).
3. On balance, it would be beneficial to the United States to waive the
job offer and labor certification requirements. NGA requires my
expertise for a long time period because their long-term projects would
be seriously impaired without my contribution. See chapter 4 (page 32).
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 (it was too long so I provide just the beginning here):
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.
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 used chapters with
names matching NIW requirements.

Content of this petition letter is divided into chapters:
• 1. Advanced Degree Professional

• 2. Substantial Merit and National Importance
• 3. I am Well Positioned to Advance the Proposed Endeavor
• 3.1 I Developed New Groundbreaking Method in Radiation Imaging
• 3.2 I am Critical Member of the Team Who Cannot Be Replaced
• 3.3 My Impact on the Field
• 3.4 …
• 4. It Would Be Beneficial to the USA to Waive the Labor Certification
• 5. Nonimmigrant Status of me and my Dependent
• 6. Summary
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
requirements. Quotations from letters of recommendation and references to
all necessary exhibits should be included. See short example of subchapter:
4.1 I Developed New Groundbreaking Method in Radiation Imaging
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 demonstrating only some of
the required criteria.
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 and real National Interest Waiver cover letter as well as all other
necessary documents were released in our NIW Do It Yourself package.
NIW petition cover letter is the most important part of EB2 NIW petition
and therefore petitioner should devote enough time to write it. Preparation of
NIW petition letter may go through several “rounds” – first will be just an
outline with facts covering everything required, then editing after getting NIW
letters of recommendation, gathering all evidence and finally polishing it. This
process is time consuming.

6 Documents checklist for I-140 EB2 NIW petition
We provide here a list of documents which might be submitted in the first
stage of green card application (I-140 Immigrant Petition for Alien
Worker). Forms, fee, petition letter and letters of recommendation should be
included at the very beginning of EB2 NIW package. We also added a complete
list of all documents with reference numbers of exhibits in order to enable
easy orientation.
6.1 Forms and fee
• I-140 and fee – filled and signed (!) current version of the form (not a
photocopy of signed form but an original), accompanied by the
appropriate fee $700 (check or money order payable to U.S.
Department of Homeland Security, NOT just USDHS or DHS), please
check current fee at USCIS website - it may change!
• ETA-9089 (in duplicate) – this is not an USCIS form, download it at
Department of Labor website – this form should NOT be sent DOL for
certification, just filled, signed and added in two originals to EB2 NIW
package which will be sent to USCIS
6.2 Petition cover letter
• signed original of NIW cover letter which sufficiently demonstrate all

NIW requirements and guide USCIS officer through all evidence
6.3 Recommendation letters
• reference letters – ordered by importance (independent letters are

more valuable)
• curriculum vitae of recommender, other document showing he is
noteworthy, e.g. newspaper article, may be also added
6.4 Other supporting evidence – general tips
Official USCIS instructions say that unless specifically required, a legible

photocopy may be submitted, originals will not automatically be returned.
Please note that we don’t mention further in this text that we are talking about
copies of documents not originals.

Any document containing a foreign language submitted to USCIS must be
accompanied by a full English language translation which the translator
has certified as complete and accurate, and by the translator’s certification
that he or she is competent to translate from the foreign language into English.
6.5 Advanced Degree, education
• Advanced Degrees – all university degree diplomas (Bachelor’s,

Master’s, PhD etc.)
• credential evaluation reports – in case of degrees from foreign country
(it includes US equivalent degree and usually also information about
foreign university, study program, requirements and system of
education)
• university information – not required, but for example we included
QS World University Rankings page because we mentioned order of
university in rankings in our NIW petition letter
6.6 Evidence regarding past track of achievements and impact

on field
• curriculum vitae – updated version of CV (carefully checked if data

match with these in NIW cover letter)
• work experience – we added confirmation letters from institutions
with very simple statements: “We certify that Dr. XXX was employed as
a researcher at Institute XXX in the period from XXX till XXX. His duties
were…” (only for work experience mentioned in NIW petition cover
letter)
• short institution information – in case it is important to show
significance of the institution (we included brief description with main
objectives and achievements)
• important grants – contracts, proposals, reports, media news or
testimonies showing that Dr. XXX was Principal Investigator etc.
• awards, scholarships – for example letters of confirmation or receipts
from institutions, requirements of granting such award and background
information about institution if these are significant (simply
demonstrating how prestigious it is, how many applicants are selected
etc.)
• memberships in noteworthy industry or research organizations – only
top level memberships where applicant is selected based on his
significant achievements

• reviewing of work of other peers – documents confirming applicant’s
service and importance of reviewed publication
• requested advising – confirmation letter from research institution,
individual expert, media etc.
• requested publication – confirmation letter, showing also importance
of publication (impact factor etc.)
• member of selected committee at conference – requirements of
selection
• invited talks at conference
• patents – should be accompanied by evidence that the patented
technology has been used, licensed, or commercialized by others in the
field or industry (patent no one else is using cannot show the impact of
applicant’s work)
• citations – we have heard that USCIS officer has an access to record
from Google Scholar, however in our case it had lower numbers so we
used record from Web of Knowledge; you may prefer Scopus etc.
• publications – some people include all publications (we did it because
we referred to several of them from our NIW petition letter and we also
didn’t have too many of them), but others submit only first pages with
abstracts; regarding order – the most important are peer-reviewed
papers where applicant is first author, some people also submit
conference proceedings papers and even conference posters or
presentations from talks; if it is significant, the proof of high impact
factors of peer-reviewed journals were applicant published, may be
included
• media reports – newspapers, TV channels, websites etc. discussing
significance of applicant’s particular work
• reprint requests
• downloads
6.7 Government reports
These documents can show U.S. national goals which match with petitioner’s
research goals even when it doesn’t mention exactly his particular work.
Articles should show how important the field is. These documents from
government can easily demonstrate first NIW criteria.

6.8 Evidence regarding current employment and nonimmigrant
status of applicant and dependents
• current employment contract

• all paychecks – for example in case of H-1B status these can prove
that applicant was covered by prescribed salary all the time
• passport – showing biometric data page and expiration date
• current and all previous visa stickers
• current and all previous approval notices from USCIS (I-797)
• current and all previous I-94
• marriage certificate – maybe not required here, but we have different
names so we submit it just to be sure
• J-1 Visa waiver – if applicant was on J-1 status
Of course there is no need to submit everything from this list but forms, fee,
petition letter, reference letters and nonimmigrant status documents are a
MUST. The rest is optional. Also note that this is not complete list of all
possible evidence for NIW case.

7 Documents checklist for I-485 (National
Interest Waiver)
This chapter shows a list of documents required for I-485 petition (Application
to Register Permanent Residence or Adjust Status) and optional petitions I-
765 (Employment Authorization Document) and I-131 (Advance Parole
Document). This is easier part of National Interest Waiver green card process
– very straightforward and quickly completed in opposite to I-140 (Immigrant
Petition for Alien Worker), mentioned in previous chapter 6.
We did not file our I-485 petitions together with I-140 (non-concurrent
filing). Instead of that we waited till our I-140 was approved. The reason
for that are money. If we file concurrently, meaning I-140 together with I-
485, we would risk losing all the fees (thousands of dollars) if the case is
denied. On the other hand concurrent filing may save significant amount of
time and allows for immediate filing for work and travel permit (I-765 and
I-131).
7.1 Can I apply to adjust status (I-485)?
USCIS states that you may apply to adjust your status if an immigrant visa
number is immediately available to you based on an approved immigrant
petition. Read the Visa Bulletin “Employment – Based Preferences” to ensure
your priority date is current before you file your application.
Following documents may be included in I-485 petition.
7.2 Petition letter
We added signed petition letters explaining what documents are in the

package and how it is organized.
7.3 Form I-485 (Adjustment of Status)
Current version of the form I-485 must be properly filled and signed. I-485
application must be submitted with the required initial evidence described
below.

7.4 Required fees
Filing fee for form I-485 is currently $1,140 and additional biometrics fee
is $85 (required for applicants ages 14 to 78), in total $1,225 per person.
Please check current fees at USCIS instructions – it may change! USCIS states
that you may submit one check or money order for both the application and
biometrics fees. Make the check or money order payable to U.S. Department
of Homeland Security (NOT just USDHS or DHS).
USCIS further informs: if you file Form I-485 to adjust your status as a
permanent resident on or after July 30, 2007, no additional fee is required
to also file an application for employment authorization on Form I-765 and/or
advance parole on Form I-131.
7.5 Initial evidence – general tips
USCIS website says that unless specifically required, a legible photocopy

may be submitted, originals will not automatically be returned. Please note
that submitted evidence mentioned below are copies of documents not
originals.
Any document containing a foreign language submitted to USCIS must be

accompanied by a full English language translation which the translator
has certified as complete and accurate, and by the translator’s certification
that he or she is competent to translate from the foreign language into English.
7.6 Identification documents
Copies of following documents might be submitted:
• birth certificate with certified translation if necessary

• passport page with biometric data
7.7 Evidence of Eligibility
USCIS says: attach a copy of the approval notice for an immigrant petition
that makes a visa number immediately available to you, or submit a complete
relative petition that, if approved, will make a visa number immediately
available to you.

Since we filed I-485 non-concurrently we have attached approval notice (I-
797) of my husband’s I-140 (National Interest Waiver).
7.8 Public Charge Rule - Form I-944 and Evidence
USCIS implemented the Inadmissibility on Public Charge Grounds final

rule nationwide … on Feb. 24, 2020.
The final rule requires applicants for adjustment of status who are subject to
the public charge ground of inadmissibility … to report certain information
related to public benefits.
Form I-944, Declaration of Self-Sufficiency, is used by an individual to

demonstrate that he or she is not inadmissible based on the public
charge ground (Immigration and Nationality Act (INA) section 212(a)(4)).
An alien is inadmissible … if he or she is more likely than not at any time in
the future to receive one or more public benefits, as defined in 8 CFR
212.21(b), for more than 12 months in the aggregate within any 36-month
period (such that, for instance, receipt of two benefits in one month counts as
two months).
We evaluate whether you are inadmissible by weighing all the positive and
negative factors related to your age, health, family status, assets, resources
and financial status, education and skills, prospective immigration status and
period of stay.
Now, let’s see what is required in this form I-944.
Part 1 asks for a classic information about you which you already filed so many
times: your name, address, A-number.
Next is USCIS online account number if you have any (not the same as A-
number), date and place of birth, country of citizenship or nationality.
Part 2 requires to file information about you again and members of your
household as well.
If not already provided with your Form I-485, provide evidence of your
relationship to each individual (such as a birth certificate or marriage
certificate).

In Part 3, you will be providing information about your assets, resources, and
financial status, as well as the assets, resources, and financial status of all
other household members.
List your and your household members’ annual gross (total) income from
the most recent federal income tax returns, if any.
You must provide an IRS transcript(s) of your Federal income tax

returns for the most recent tax year and the IRS transcript(s) of the
household members whose income you are including.
I have just tested this service and it is pretty easy and fast. It took me 10
minutes to get this transcript online. They will ask a few questions (name,
address, SSN etc.) to verify your identity. Then you must create your account
and there you can obtain various records including this tax return transcript.
Household’s Assets and Resources - list only the assets that can be
converted into cash within 12 months. If you or a household member
owns a home, you may include the net value of your or the household
member’s home as an asset. You must include documentation.
You may not include the net value of an automobile unless you or your
household member shows that you or your household member have/has
more than one automobile, and at least one automobile is not included as
an asset.
If you list assets or resources, submit evidence of the value of your or your
household member(s)’s assets. You must include the name of the asset
holder, a description of the asset, proof of ownership, and the basis for
the owner’s claim of its net cash value. Evidence of assets and resources
include:
• Checking and savings account statements – you must provide account

statements from the bank(s) covering at least 12 months prior to
filing the application
• Annuities
• Stocks and bonds (cash value) / certificates of deposit
• Retirement accounts and educational accounts
• Net cash value of real estate holdings

• Any other evidence of substantial assets that can be easily converted
into cash.
Provide a list of all your liabilities or debts. Examples of liabilities and debts
include mortgages, car loans, unpaid child or spousal support, unpaid taxes,
and credit card debt. Provide documentation for each liability or debt.
USCIS will review your U.S. credit report and the credit score submitted with
your declaration, if available, to review your financial status. If it is available,
identify the latest credit score number.
Provide a U.S. credit report generated within the last 12 months prior to
the date of filing.
Indicate whether or not you have ever filed for bankruptcy, either in the
United States or in a foreign country.
If you currently have health insurance, provide the following:
• For each policy, a copy of each policy page showing the terms and
type of coverage and individuals covered; or
• Letter on the company letter head or other evidence from your health
insurance company stating you are currently enrolled in health
insurance and providing the terms and type of coverage; or
• The latest Form 1095-B, Health Coverage; Form 1095-C, Employer-
Provided Health Insurance Offer and Coverage (if available) with
evidence of renewal of coverage for the current year.
Indicate whether or not you have received a Premium Tax Credit or

Advanced Premium Tax Credit for your health insurance. Provide a transcript
copy of the IRS Form 8963 Report of Health Insurance Provider Information,
Form 8962 Premium Tax Credit (PTC), and a copy of Form 1095A, Health
Insurance Marketplace Statement.
Provide the annual amount of deductible or annual premium of your health

insurance. Provide documentation of the amount of deductible or premium.
Indicate the date when your insurance terminates or when it must be

renewed and provide documentation.

Please provide the information requested about your (the alien’s) application
or certification for, or receipt of, public benefits. Please provide all requested
information about each public benefit regardless of amount or duration, as
USCIS will calculate the duration of the public benefit.
There is a lot more depending on your situation, please check my detailed

post at my EB1A blog or real life complete example in my DIY kit.
7.9 Documents regarding non-immigrant status
Applicant must prove that his non-immigrant status was properly

maintained. We submitted copies of:
• approval notices I-797 of current and all previous non-immigrant

statuses
• current and all previous I-94 forms (front and back)
• current and all previous visa stickers from passport
• paychecks from employer – we submitted all paychecks but we have
read that sometimes people submit only recent paychecks
7.10 Photos
Two identical color photographs of applicant taken within 30 days of the

filing of this application are required. These photos must meet following
criteria:
• passport-style photos (2″ x 2″)

• head height should measure 1″ to 1 3/8″ from top of hair to bottom of
chin
• eye height is between 1 1/8″ to 1 3/8″ from bottom of photo
• white to off-white background
• printed on thin paper with a glossy finish
• unmounted and unretouched
• lightly printed applicant’s name and Alien Registration Number (A-
Number) on the back side

7.11 Form I-693 (Report of Medical Examination and
Vaccination Record)
Only a doctor who is currently specially designated by USCIS as a civil

surgeon may perform the medical exam and complete the form I-693. You
can find civil surgeon by entering your ZIP code at USCIS locator website.
The applicant is responsible for paying all costs of the medical exam,
including the cost of any follow-up tests or treatment that may be required.
We paid $200 per person.
The whole procedure took us 2 days to get completed form I-693 but it might
be longer depending on applicant’s results. Note that the results of the medical
examination are generally valid only for 12 months.
Applicant must print current version of form I-693 and fill out (black ink) only
Part 1 and identifying information at the top of each page (name and A-
number if any) before he goes to medical exam.
USCIS further requires: do not sign the form until the civil surgeon tells you
to sign. You must sign Form I-693 in the presence of the civil surgeon.
The civil surgeon will ask you to verify your identity. Take a government-
issued photo identification to your appointment – valid unexpired passport
or driver’s license or birth certificate (with translation, if necessary) etc. Also
take any vaccination records you may have to the appointment. Our civil
surgeon accepted international vaccination record (in English) as a proof of
earlier vaccinations from our home country.
The actual medical exam didn’t take more than one hour. They made a
Tuberculin Skin Test (TST) first and then some usual steps like listening of
deep breath etc.
Doctor also confirmed that we don’t need any other vaccination based on
our international vaccination record. USCIS requires vaccinations to prevent
following diseases:
• diphtheria
• tetanus
• pertussis
• polio

• measles
• mumps
• rubella
• rotavirus
• haemophilus influenzae type b
• hepatitis A
• hepatitis B
• meningococcal
• varicella
• pneumococcal
• influenza
But several of these vaccinations are not recommended for adults and thus it
is not required to have all of them. Civil surgeon will evaluate what vaccines
are medically appropriate for you and can administer them to you.
Another medical conditions which are evaluated and may potentially affect
the final qualification for immigration are:
• communicable diseases of public health significance (in addition to

tuberculosis and syphilis) – chancroid, granuloma inguinale, gonorrhea,
lymphogranuloma venereum, leprosy
• physical or mental disorders with harmful behavior
• drug abuse or addiction
Civil surgeon sent us to another facility to make syphilis blood test. Results
were sent back to civil surgeon afterwards.
After two days we went to follow-up exam to civil surgeon’s office – they
checked the reaction on TST made previously. The marks on our skin were
within the limits so chest x-ray wasn’t required.
We proceeded to final paperwork. We were allowed to check everything in

the form before they sealed it. Despite this fact we missed some minor
mistakes – unfilled parts which should be filled, not appropriate marks on
sealed envelopes etc. However those didn’t have any effect on final result of
our Permanent Residency application.
Next time I would study official instructions more carefully and take them with
me to show it to the staff if necessary (they should know them but it doesn’t

prevent the paperwork from mistakes). Here are the most important points
from USCIS instructions:
• civil surgeon will fill out Worksheet, summarize the results in Part 2
and include the results of any lab work
• civil surgeon will give a copy of the completed and signed Form I-693
and any supporting documentation to the applicant
• civil surgeon will place the original of the completed and signed Form I-
693 and any supporting documentation into an envelope, and then seal
the envelope; on the front of the envelope will write in capital letters: ”
DO NOT OPEN. FOR USCIS USE ONLY.”; on the back of the envelope will
write his / her initials across the seal where the flap of the envelope and
the envelope meet; and will seal the entire flap with clear cellophane
tape – USCIS will not accept Form I-693 if it is not in a sealed
envelope
7.12 Work Statement
Instructions for form I-485 also mention: If you filed Form I-140 as a self-
petitioner, you must intend to work in the occupational field specified in the
Form I-140. You must provide a signed statement confirming this intent,
unless you are filing Form I-485 together with your Form I-140. Check
example of this statement in DIY kit.
7.13 Employment letter
We submitted letter on employer’s letterhead that mentioned job title,

institution, salary and duties (all information corresponded with data filled in
all forms).
7.14 Documents regarding dependents
USCIS allows filing: based on derivative status as the spouse or child of

another adjustment applicant.
Our both petitions (main applicant’s and dependent’s) included also

documents showing our relationships: marriage certificate, birth certificate of
our daughter (mentioned in the forms) etc.

Copies of documents showing the legal termination of all other marriages must
be also included if applicable.
7.15 Form I-765 (Employment Authorization Document)
Applicant may submit this optional petition to get faster work permit.
Properly filled and signed current version of the form I-765 must be
accompanied by following documents:
• copy of applicant’s last EAD (front and back); if no prior EAD, applicant
must submit a copy of a government-issued identity document
showing applicant’s picture, name and date of birth (for example
passport, visa, birth certificate with photo ID, national ID document with
photo and/or fingerprint etc.)
• two identical color photographs of applicant taken within 30 days of
the filing of this application (same requirements as in the case of I-485
petition already mentioned above)
7.16 Form I-131 (Advance Parole Document)
This optional petition serves for travel purposes outside of the United States.
According to USCIS form instructions: if you are in the United States and have
applied for adjustment of status to that of a lawful permanent resident, your
application will be deemed abandoned if you leave the United States
without first obtaining an Advance Parole Document.
Your application for adjustment of status generally will not be deemed

abandoned, even if you do not apply for an Advance Parole Document before
traveling abroad while an adjustment application is pending, if you currently
are in one of the following nonimmigrant classifications, and remain
eligible for and would be admissible in one of the following categories upon
applying for admission at a port-of-entry:
• H-1 temporary worker, or H-4 spouse or child of an H-1

• L-1 intracompany transferee, or L-2 spouse or child of an L-1
• K-3 spouse, or K-4 child of a U.S. citizen
• V-1 spouse, or V-2/V-3 child of a lawful permanent resident
USCIS requires filled and signed current version of the form I-131 and
following initial evidence:

• copy of an official photo identity document showing your photo,
name, and date of birth (Employment Authorization Document, valid
government-issued driver’s license, passport identity page etc.)
• copy of any document issued to you by USCIS showing your present
status
• explanation or other evidence showing the circumstances that warrant
issuance of an Advance Parole Document; or copy of a USCIS receipt as
evidence that you filed the adjustment application
• two identical color photographs of you taken within 30 days of the
filing of this application (same requirements as in the case of I-485
already mentioned above)
Please note, that this is not a complete list of documents which might be
needed. USCIS requires to submit another documents for example arrest or
conviction record, police clearances etc. However, these documents are
usually not applicable for typical National Interest Waiver petitioners.

8 How to organize NIW petition
Here I provide the details how to assemble green card application.
8.1 Official tips and instructions from USCIS
First of all, here are a few tips from USCIS FAQ – how you should organize
the evidence with the petition:
• Provide all required documentation and evidence with the petition when
filed. Form I-140 petitions may be denied without issuing a request for
evidence in the instances where the required evidence described in
the instructions and regulations are not initially provided. – we already
pulled out the important information for you but you should read the
most recent information in official USCIS resources too (every form has
instructions – just google “[the form number] instructions”
• All foreign language documents must be submitted with a
corresponding English translation. The English translation must be
certified by a translator who is competent to translate and must verify
in writing that “the translation is true and accurate to the best of the
translator’s abilities.” It is helpful if the English translation is stapled to
the foreign language document.
The certification format should include the certifier’s name, signature,

address, and date of certification. A suggested format is:
Certification by Translator
I [typed name], certify that I am fluent (conversant) in the English and

________ languages, and that the above/attached document is an accurate
translation of the document attached entitled
______________________________.
Signature_________________________________
Date Typed Name
Address
• If documenting the alien’s publications or citations of the alien

beneficiary’s work, please highlight the alien’s name in the relevant
articles. It is not necessary to send the full copy of a dissertation,

thesis, or research paper written by the alien beneficiary, or one in which
the alien beneficiary’s work has been cited. Include the title page and
the portion(s) that cite the alien’s work and the “works cited” or
bibliography. – we sent the full length papers but it seems it is not
necessary (I found this note after our submission)
• Tab and label the evidentiary exhibits at the bottom of the first page
of each exhibit, and provide a list of the evidentiary exhibits and the
eligibility criteria that each exhibit is submitted to establish for petitions
supported by a substantial amount of documentation. An exhibit that is
being provided to meet multiple eligibility criteria should be so identified
in the exhibit list.
USCIS issued also general tips on assembling applications and here are
appropriate parts which might be valuable for you:
• Mark both the envelope and the cover letter as to the nature of the
submission. Example: ORIGINAL SUBMISSION – BRIEF FOR AN
APPEAL – RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION –
etc.
• Use the appropriate mailing address and mark both the envelope and
the cover letter as to the form type. Example: I-140, I-485 etc.
• Provide both the receipt notice number and the A-Number as an
identifier, if they are available. – we didn’t have the A-number in the
first step (I-140) but in the second step (I-485) we submitted this
information (we received that when our I-140 was approved). If you
don’t know the A-Number, provide a COMPLETE name and date of
birth. ALSO: Provide ANY AND ALL names used by the individual,
including aliases, maiden names, names used when originally admitted
to the United States, etc. Providing this information is extremely helpful
and speeds up processing time.
• Send copies of any prior approval notices with any new requests for
extensions of stay, change of status or amended petitions. Don’t assume
the officer will have access to a prior file or record. Submit as complete
a packet as possible so the case can be adjudicated from what you
submit. Submit a complete packet of information for each petition or
application. If officers have to review prior files or records, the
adjudication of the case can be delayed substantially. For example when
you file I-485 in second step, submit approvals from first step (I-140)
• When an opinion from a recognized authority is submitted, the
opinion should state: the writer’s qualifications as an expert; the

writer’s experience giving such opinions, citing specific instances
where past opinions have been accepted as authoritative and by whom;
how the conclusions were reached; and the basis for the conclusions,
including copies or citations of any research material used.
USCIS further recommends – in preparing your packet, please take note of

the following:
• Do not use binders or folders that cannot be easily disassembled.

• Use ACCO fasteners to hold together thick or bulky applications or
petitions. Two-hole punching the top of the material for easy
placement in the file is appreciated.
• The use of tabs assist in locating items listed as attachments. The tabs
should be placed on the bottom and not the side for ease in filing.
• Avoid using heavy-duty staples; instead use ACCO fasteners or heavy
clips.
• Avoid submitting originals unless specifically required.
• Avoid submitting oversized documentation when possible.
8.2 Tools we needed
OK, enough theory, let’s see the practical part. Here is how we organized
and assembled our NIW packet.
See the tools we needed in order to put the huge NIW package together:

Tools needed to assemble NIW petition – two-hole punch, fastener, scissors, clear tape,
colored number tabs printed on card stock paper
8.3 Organizing (cover pages and tabs)
First of all, I printed all the documents which we wanted to submit to USCIS
in the first step (I-140). As you can see, the whole floor in my room was
covered by several hundreds of papers.
We had 70 evidence and documents in our EB2 NIW petition. It would not be
possible to make 70 tabs on the bottom side of the package as recommends
USCIS. For that reason, I grouped the evidence into 27 main groups and
each group contained several closely related evidence. For example, group
of education related documents included academic degrees, evaluation
reports, university rankings etc.
I created cover page for every single evidence and document. This initial
page showed clearly basic information about the evidence, type of submitted
petition and name of the applicant.
I included also a small label on the right bottom of the cover page. Imagine
yourself going quickly through the bulky petition. You would need to carefully
turn around page after page to see what is written in the middle of each page.
But what if this information is also in the right bottom corner? It allows you
going through all the papers much faster because now you need to see just a
corner of the page in order to know immediately what’s there. I believe this
can help the officer to save time and orientate better in the NIW package.

You can see how exactly I grouped all the evidence, how I chose the order
and get all the cover pages in our NIW DIY kit.
I needed to create tabs at the bottom of each main group of evidence.

As I already mentioned I couldn’t make the tab for every single evidence
because there is limited space on the bottom side of the documents. My
personal opinion is that there should not be more than 30 tabs there to keep
it nice and clear.
At first, I printed the colored numbers on the card stock paper. The width
of each tab is chosen that all 27 tabs fit the whole width of the page bottom
as shown in the following picture.
All tabs fit the total width of the bottom page
I cut the numbered tabs out.

I took one tab with number…
… put a clear tape on it…
… and stick the label on the first page of the evidence (cover page) and cut the rest of
the clear tape.

Similarly, I created all other tabs.
8.4 Punching and fastening
I had to punch two holes on the top side of all pages as it is recommended
by USCIS.
We used the fastener shown below however it couldn’t hold more than 500
pages. I wasn’t able to find any better fastener so we had to divide the NIW
petition into two parts and put simply one part on another in one package.

Here is the final result – bulk package of papers compared to AA battery
(yes, it was huge!).
I put this whole package into the box with a little stuffing around so the tabs
wouldn’t be destroyed by heavy papers.
NIW petition was sent to the appropriate address and that was it.
Then we just waited until our receipt number arrived and checked our case
status online.

9 Cases, credentials
Many of our website readers are interested in credentials of successful
applicant’s. However, it must be stated that the successful case is made by
excellent presentation of these facts rather than the facts itself. This shows
also our case.
9.1 Details from our EB2 NIW case [approved 10/2013]
We describe in detail how we built our successful NIW case, all the evidence
and what arguments we used to get our green card approved.
My husband is the main applicant for whom we filed the National Interest
Waiver petition. After approval of his I-140 we both applied for I-485 and I-
765 (me as a “derivative adjustment”).
9.1.1 Our story – how we prepared NIW petition
When we came to USA a year and a half ago we both thought that we would
apply for green card as soon as possible. However more we studied about EB2
National Interest Waiver category more we were uncertain if my husband’s
credentials were sufficient to satisfy NIW requirements. Internet
discussions about NIW applicants usually frequently mentioned their
numbers – how many peer reviewed articles, citations etc. My husband’s
numbers were slightly under average (at that time) so we were not confident
at all. However as you will see in this post, these numbers might not be the
most important.
We started to realize that the numbers alone are probably not enough. We
also figured out that my husband’s past record from Europe is likely better
than average peer but maybe not good enough to qualify for National
Interest Waiver. There was no apparent evidence that his work was invaluable
for USA since he had no work history here. It was clear that we needed to
build his case mostly on his work achievements from US rather than from
Europe.
While my husband was working very hard on his “American credentials” and
things which could help to our case I started to do the whole job around
preparing our green card application.

I started to study all laws, regulations, precedent case, USCIS (AAO)
decisions from other previous cases and also all possible unofficial information
accessible through internet (tons of attorney firm websites, various forums
etc.). During that time I gathered a lot of information and decided that I need
to organize it more and so started to write some notes just for us. Then I
realized that there are many people on the same boat with the same painful
journey and I can help them by publishing these notes. And that’s how this
book was created and our website came to life.
In the meantime I became more and more experienced and also confident
about what was necessary to do in National Interest Waiver application. I
always told my husband what I have learned and what would be great to
achieve. We were also thinking a lot about our main arguments. I tried to
find some very narrow research area where my husband is very unique
and in the same time it would be somehow important for USA.
At that time he already worked for one U.S. Top National Agency (not directly,
as a contractor). I have learned that only working in government agency could
be considered as insufficient. But I also knew that one of his work tasks there
was very narrow specialization (only two institutions in USA were involved in
this specialization) and he was probably the only person who was doing it at
that time. My only concern was that we had no evidence about that. There
were no publications about it or any other evidence which could be used.
I decided that it is absolutely necessary to get testimonies from highly

recognized outstanding and independent experts about this fact. We made
a list of people from my husband’s network but also from outside his close
circle (more important). At first my husband felt weird to write some strangers
asking them for such a big favor (that they should confirm his
extraordinary skills etc.). But surprisingly some of these independent
experts agreed to write it after they called government agency where he was
working and verified that information. This was a great step to get critical
evidence for our case.
But there were also other important steps which my husband did during that
year. We needed to prove his impact on the field. Personally I was a little
bit afraid of this because he didn’t have convincing arguments here. He had
some smaller points from his past record: reviewing of scientific articles of
summer school students (not really prestigious), he was a member of
organizing committee at one average conference and his citation record wasn’t

glamorous at that time. I felt like we need something better, more
convincing…
One day he came from work, tired, but quite glad it is Friday evening and end
of a work week. However he mentioned that his supervisor cannot go to some
documentary filming about their research and he had to go there on Saturday
instead of him. I was happy because this was a great opportunity to get
valuable testimony for our National Interest Waiver case about his impact on
the field. Later my husband was really able to get a letter which confirmed
that he was an advising expert during this filming. These little opportunities
can actually have more effect than you think. We have learned it is great to
be more active and to use every single opportunity even if it looks quite
insignificant at the beginning.
After more than a year I was finally confident enough that we have all great
arguments which I believed would satisfy National Interest Waiver covered by
testimonies in NIW recommendation letters and other evidence.
9.1.2 Credentials
Let’s see all my husband‘s credentials I used in petition which have led to
National Interest Waiver approval.
He has PhD degree from average European technical university which

establishes him as an Advanced Degree Professional. He has received his PhD
only one year before we applied for green card under EB2 National Interest
Waiver category.
My main argument in our NIW case was his 1 year post doc work
experience from USA (right after defending his PhD). He was performing
calibration of devices used in space missions in Top National Agency and
he set up the only laboratory in USA calibrating these devices. It was
enough to prove it only by testimonies in NIW letters of recommendation,
there were no publications about it. I was focused on this work experience in
all testimonies and significant part of the petition letter.
The arguments above were used to cover basically all National Interest Waiver
requirements and to explain that:

• my husband is critical researcher for projects in Top National Agency
and those couldn’t be done without him
• he has unique skills
• he is considered as an expert with significant impact on field
• it would be beneficial to the national interest to waive labor certification
• he already served to national goals, was crucial to enable the success of
these current projects and thus it justifies projected future benefits
in the national interest
I chose also several other facts from his past work experience from Europe
to show his qualities:
• during his PhD studies he was already Principal Investigator of two

projects for Top European Agency (total budget $270,000,
equipment used in space missions)
• during his PhD studies he did original research and developed some
new methods – the only proof we had for this fact were two
testimonies which briefly mentioned that he published it in peer
reviewed journals; however these articles were not cited yet so I left
this fact as a minor argument
• during his Master studies he was selected for internship, worked in
world leading laboratories on challenging projects (German Federal
Agency, CERN) and was granted by scholarship – also mentioned only
as minor argument but shows he was already better than average as
undergraduate student
I established his impact on the field by following facts:
• requested advisor for several projects at Top National Agency and one
in small U.S. company
• devices calibrated by my husband were used in space missions
• requested advisor for filming documentary
• requested publication in average level book
• reviewing of scientific articles of summer school students – not
prestigious, I wasn’t sure if I should mention it
• awarded by conference Trainee Grant – for promising young scientists
(Ph.D. students or postdocs) to cover conference fee
• publications – 15 articles in peer-reviewed journals (4 first author),
8 conference proceedings publications (3 first author) – I let this as a
minor argument because it didn’t show it is better than average peer’s

publication; I mentioned it just to give a complete picture about my
husband
• citations – articles cited 68 times (53 times without self-citations)
– I let this as a minor argument, same reason as previous point
• member of organizing committee of international conference –
minor argument, I wasn’t sure if I should mention it
Every fact mentioned above was proved and supported by some evidence
or testimony in NIW reference letter. If we didn’t have evidence for some
fact we simply didn’t use it in the petition because I was afraid that we can
get RFE (Request for Evidence).
9.1.3 NIW letters of recommendation
We submitted 8 recommendation (reference) letters to support my husband’s

National Interest Waiver petition. We didn’t have any other evidence for
several facts so these letters were very powerful way to prove that NIW
requirements were met.
It was very time consuming process to get these letters (from several
weeks to one year) and we both put a great effort in it. I have already
mentioned how weird my husband felt about asking for such a big favor some
independent experts who even didn’t know him personally. But finally we
found the way how to do it smoothly and kindly. After expert agreed we
usually prepared different draft suitable for this person. We had each draft
different to cover a various arguments and also to show that letters were
written by different people. Our goal was to save time of our
recommenders, to show them what has to be said but in the same time
let them use their own words in the letter. Templates and examples showing
how we asked for such letters together with guiding draft and instructions are
provided as a free bonus in our NIW Do It Yourself package.
We tried to ask for letters on company / institution letterheads but it was

not always possible. Sometimes expert agreed to write the letter and after we
prepared a specific draft person asked company lawyers who simply denied to
write such letter. We tried to convince the expert that it doesn’t have to be
written under company’s letterhead but only from him as independent person.
Sometimes it worked but sometimes not – this was frustrating and time
demanding.

Finally we were able to get 5 letters from inner-circle people and 3 from
independent experts who were from well recognized institutions
(government agencies, top universities, state-of-the-art companies and a
national laboratory).
9.1.4 Evidence
We have submitted 70 exhibits in total in my husband’s I-140 petition –

besides 8 NIW recommendation letters, there were several letters
confirming facts and statements mentioned in NIW petition letter,
publications, citation records, government articles showing importance of
my husband’s work, university degrees, CV, documents regarding his
employment, non-immigrant status of both of us and several other supporting
documents.
9.1.5 Size – number of pages
The whole green card petition was huge package and probably the most
extensive document we have ever created. In total 732 pages: 611 (my
husband’s I-140 petition) and 121 (both I-485/I-765 petitions).
9.1.6 Work hours
Work on these petitions required huge effort from both of us. We spent
approximately 1050 work hours on my husband’s National Interest Waiver
petition (I-140) and 55 hours on both I-485/I-765 petitions which is over
1100 work hours overall.
9.1.7 Processing time
As opposite to the time we spent working on the green card application,

processing times made us much happier. My husband’s I-140 petition was
approved in 29 days and both I-485 petitions in 57 days which was better
than average. The whole green card process was finished in less than three
months when filed separately (non-concurrently). It seems that EB2 National
Interest Waiver category is one of the fastest ways how to obtain U.S.
Permanent Residency.

9.1.8 Costs
Please note that the fees for I-140 and I-485 has changed in December 2016.
Always check the current fees at USCIS website!
I-140 petition and various other documents submitted in this petition cost
us $801:
• $580 + $1 (I-140 fee + bank fee)

• $121 (MSc degree evaluation and certified translation of 1 page)
• $85 (PhD degree evaluation)
• $14 (U.S. post fees)
My and my husband’s I-485/I-765 petitions and various other documents

submitted in these petitions cost us $2708:
• ($1070 + $10) x 2 (I-485 fees + bank fee)

• $200 x 2 (Doctor’s fee for filling our Medical reports I-693)
• $45 x 2 (Certified translation of birth certificates)
• $52 (my 4 passport photos and my husband’s 4 passport photos)
• $6 (U.S. post fees)
Both of our green cards cost us $3509 overall.
As you can see I-140 fees are much lower then I-485/I-765 fees and basically
this was the reason why we filed separately. In case of fail we would save
$2700.
To summarize it all: I focused my husband’s National Interest Waiver petition

mostly on his work from the last year in USA. It was the easiest way how
to relate his great achievements with national interest of USA. The fact he was
Principal Investigator of projects funded by Top European Agency was
another important argument in our NIW case. Other arguments were
mentioned briefly and used as a minor arguments just to show the whole
picture and put all the puzzle pieces together.
Our complete green card application including National Interest Waiver

petition (I-140) and Adjustment of Status / Employment Authorization
Document / Travel Document petitions (I-485/I-765/I-131) and free bonuses
is available as NIW DIY Kit.

9.2 Average approved NIW case – basic credentials
We collected over 300 National Interest Waiver cases recently approved

in 2012 and early 2013 (January). We want to show some numbers in order
to give you an idea what are basic credentials of an average EB2 NIW
applicant, how many reference letters he had, how long was the process (I-
140) and how many cases received RFEs.
9.2.1 Average education of EB2 NIW applicant
From a total number of 314 collected cases there were:
• 88.8 % PhD degrees

• 10.2 % Master’s degrees
• 1.0 % Bachelor’s degrees
We were able to find out how many degrees were US or non US in 123 NIW
cases:
• 64.2 % degrees from US university

• 35.8 % degrees from foreign university
9.2.2 Number of publications
Number of publications may be used as one of the objective proofs of

petitioner’s past track. Following numbers include only more weighted journal
papers (not conference proceedings). Collection of 314 cases gives us an
average of approximately 12 journal articles per applicant. Median was 9
papers. However, there were 10.5 % of approved cases with very low number
of publications (0 – 3 papers).
9.2.3 Number of citations
Citations are very important for demonstrating applicant’s impact on field of

endeavor as a whole. Only independent citations are included (not self
citations) in this average number calculated from 314 cases: 124 citations
per applicant. Median was 60 citations. But even 8.9 % NIW cases with very
few citations (0 – 5) were approved.

9.2.4 Number of reference letters
Testimonial letters are considered as a key evidence of every National Interest

Waiver petition. Average applicant (from 112 cases) submitted 5.4 letters of
recommendation with his EB2 NIW petition and 54 % of this number of
letters were from independent individuals (greater weight).
9.2.5 Time of petition process
EB2 NIW is known for its faster application procedure compared to other green
card categories. Average I-140 petition was approved in 129 days (time
calculated from 314 cases). Median was 121 days. Longest decision took
USCIS 675 days.
9.2.6 Percentage of RFEs
Sometimes USCIS requests for additional evidence (RFE) during judging

National Interest Waiver petition. We noticed 17.1 % from 228 cases received
such RFEs.
Please remember, these are just basic available averages / medians and it
doesn’t mean that EB2 NIW case will not be successful if these numbers are
lower. We had also below average numbers so we built our NIW case on other
stronger evidence.

10 NIW DIY Kit
This book shows a lot of general information which may be used by anyone.
Its purpose is to give some ideas to applicant how to find strong arguments
related to his own specific research and achievements.
The book also includes several practical examples but these are only
isolated little pieces which don’t fit together. You cannot see what arguments
were sufficient enough to satisfy all NIW requirements together and how we
built the whole successful case. It may be compared to isolated puzzle pieces
(book) in opposite to the whole puzzle picture built from these pieces (NIW
DIY Kit). NIW Do It Yourself Kit shows what practically worked, what
formulations were required and how we supported it by evidence and
testimonies.
NIW DIY package contains all submitted documents used in our successful
Permanent Residency application including 8 recommendation letters, 40-
pages petition (cover) letter for I-140, both petition letters for I-485/I-765/I-
131 applications (for husband and wife), all forms and other evidence.
The DIY kit will help you when preparing the letters which are the key of
every petition (recommendation letters and petition cover letter). In addition
to all full length letters, the DIY kit contains also templates for those letters.
These templates are ready for immediate use - editable and in different styles
(every letter must look like written by different person).
The kit further shows how we asked distinguished experts we didn’t know
personally for recommendation letters including further instructions and
draft for case of positive response. This draft guided our recommenders
through all important things we needed to mention and in the same time it
allowed recommenders to use their own words (very valuable because it would
be extremely difficult for you to create different sentences saying similar
things in each letter).
Complete list of NIW DIY Kit documents and all benefits is available at:
http://www.eb2niw.com/niw-do-it-yourself-kit.

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National Interest

EB2 NIW Petition How-To Guide

Copyright © 2020 Veronika Vaneckova. All rights reserved

Copyright © 2013-2018 Veronika Vaneckova. All rights reserved

2 | Page National Interest Waiver E-book [www.eb2niw.com]

Immigration to the USA might be extremely difficult, lengthy and expensive

3 | Page National Interest Waiver E-book [www.eb2niw.com]

1 Why National Interest Waiver category .............................................. 9

2 Basic eligibility criteria ................................................................... 10

2.1 Advanced Degree Professional ................................................... 10

2.2 Exceptional Ability .................................................................... 11

3 National Interest Waiver requirements ............................................. 13

3.1 Precedent DHANASAR case ........................................................ 13

3.2 Substantial Merit and National Importance .................................. 14

3.2.1 Practical examples ............................................................... 17

3.2.2 Evidence and supporting documentation ................................ 19

3.3 Well Positioned to Advance the Proposed Endeavor ....................... 19

3.3.1 Record of specific prior achievements .................................... 20

3.3.2 Influence on the field of endeavor ......................................... 21

3.3.3 Petitioner in a Significant Role .............................................. 22

3.3.4 Evidence and supporting documentation ................................ 22

3.4 Benefits to the United States ..................................................... 24

4 Letter of recommendation for NIW petition ....................................... 28

4.1 Who should write NIW reference letter ........................................ 28

4.2 How many NIW letters of recommendation .................................. 30

4.3 Style of the testimonial letter ..................................................... 30

4.4 Structure of the NIW reference letter .......................................... 31

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4.6 How to organize testimonial letters within NIW petition ................. 35

4.7 NIW recommendation letter sample ............................................ 36

5 National Interest Waiver petition letter ............................................. 41

5.1 Organizing NIW cover letter in paragraphs with appropriate names 41

5.2 Easy reference guide of all evidence ........................................... 42

5.3 Quotations from recommenders and other evidence ..................... 43

5.4 Language of NIW cover letter..................................................... 43

5.5 Length of EB2 NIW petition letter ............................................... 43

5.6 Avoid in National Interest Waiver cover letter .............................. 43

5.7 EB2 NIW cover letter sample ..................................................... 44

6 Documents checklist for I-140 EB2 NIW petition ................................ 50

6.1 Forms and fee .......................................................................... 50

6.2 Petition cover letter .................................................................. 50

6.3 Recommendation letters............................................................ 50

6.4 Other supporting evidence – general tips .................................... 50

6.5 Advanced Degree, education ...................................................... 51

6.6 Evidence regarding past track of achievements and impact on field 51

6.7 Government reports ................................................................. 52

6.8 Evidence regarding current employment and nonimmigrant status of

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7.1 Can I apply to adjust status (I-485)? .......................................... 54

7.2 Petition letter ........................................................................... 54

7.3 Form I-485 (Adjustment of Status) ............................................. 54

7.4 Required fees........................................................................... 55

7.5 Initial evidence – general tips .................................................... 55

7.6 Identification documents ........................................................... 55

7.7 Evidence of Eligibility ................................................................ 55

7.8 Public Charge Rule - Form I-944 and Evidence ............................. 56

7.9 Documents regarding non-immigrant status ................................ 59

7.10 Photos .................................................................................. 59

7.11 Form I-693 (Report of Medical Examination and Vaccination Record)

7.12 Work Statement .................................................................... 62

7.13 Employment letter ................................................................. 62

7.14 Documents regarding dependents ............................................ 62