On the I-140, do I select ‘New Employment’ or ‘Self-Petition’?

For the EB-2 NIW, the correct selection on the I-140 is typically ‘Self-Petition’, not ‘New Employment’. This is because the EB-2 NIW allows the candidate to file the petition independently, without relying on a formal job offer or employer sponsorship.

This is precisely what defines the category: instead of an employer filing the petition on your behalf, it is your track record and the relevance of your work that support the case. For that reason, the self-petition option more accurately reflects the nature of the EB-2 NIW.

• ‘Self-Petition’ indicates that you are filing the petition on your own behalf.
• ‘New Employment’ applies to cases with a job offer and employer sponsorship.
• In the EB-2 NIW, the merit and national importance of your work are what sustain the case.

Because form instructions may vary depending on the specifics of your case, it is worth reviewing the current I-140 instructions on the USCIS website and, when in doubt, confirming the selection with a trusted immigration professional before submitting.

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Victoria Harper

Editor-in-Chief

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As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.