On the I-140, should I check ‘New Employment’ or ‘Self-Petition’?

The EB-2 NIW (National Interest Waiver) is a category that allows professionals with advanced qualifications or exceptional abilities to apply for permanent residency without the need for a formal job offer, as the petition is based on the potential benefit that their work can bring to the United States. This characteristic makes the EB-2 NIW an attractive option for those wishing to immigrate independently of an employer.

On the I-140 form, if you are applying for the EB-2 NIW, you must choose the ‘Self-Petition’ option and not ‘New Employment’. This is because, in this case, you are submitting a self-petition. Unlike categories that require a job offer and consequent company sponsorship, the EB-2 NIW recognizes that your background and your work proposal may already be sufficient to demonstrate that your presence in the country will bring benefits of national interest.

It is important to remember that, although the self-petition process does not require employer support, the success of your petition depends on presenting solid and well-founded evidence proving both your qualifications and the positive impact of your work on the economy or strategic areas of the United States.

Each case has its particularities, so it is essential to follow the country’s immigration laws, as well as obtain updated and reliable information. To avoid surprises and risks, it is always recommended to seek information from official sources or specialized immigration professionals. This way, you minimize the chance of falling into scams or campaigns that promise miraculous results without proper legal basis.

It is a good practice to carefully analyze the requirements and guidelines provided by the U.S. Department of Immigration before starting the process. Remember: staying informed and following the correct procedures is essential to walk a safe path towards the new stage of your life.

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.