If I had an I-140 approved by an employer, does that help me with the NIW?

The immigration process based on the EB-2 NIW (National Interest Waiver) category is quite distinct from one where an employer sponsors an I-140 petition. While an employer-approved I-140 demonstrates that you are qualified for a specific position and that the employer is willing to pursue this process, the NIW is a path where the applicant self-petitions based on qualifications that bring significant benefits to the country.

Having an employer-approved I-140 can, in some cases, be indicative of your professional qualifications and achievements, which may complement your NIW petition. However, the criteria for the NIW require you to demonstrate that your work has substantial merit for the United States and that waiving the requirement of a job offer and labor certification is in the national interest.

In other words, even if the approved I-140 attests to your skills and qualifications, the NIW focuses on how your area of expertise broadly and strategically benefits the country, rather than being limited to a specific job offer.

Furthermore, it is important to remember that each case has its particularities. An employer-sponsored approved I-140 guarantees certain benefits within the EB-2 category but does not replace the need to demonstrate the specific requirements for the NIW.

If you decide to pursue the NIW path, it is essential to present detailed evidence – such as publications, awards, participation in relevant projects, or innovative contributions – that prove the positive impact of your work for the United States.

Therefore, whenever considering any change or evaluation in the immigration process, follow the current immigration laws, seek information from reliable sources, and avoid falling for unfounded promises that guarantee results. Guidance from specialized professionals and close monitoring of procedures are essential to ensure your process complies with the law and help organize the necessary documents and evidence.

Staying well informed and cautious is the first step toward a successful immigration process. Each case is unique, and a detailed analysis of your profile and the available evidence is essential to define the most suitable strategy in seeking permanent residence in the United States.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.